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Introduced Version Senate Bill 582 History

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Key: Green = existing Code. Red = new code to be enacted
Senate Bill No. 582

(By Senators Helmick, Plymale, Prezioso and Minard)

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[Introduced February 15, 2006; referred to the Committee

on Finance.]

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A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-21-54, relating to personal income tax; and requiring certain tax preparers to file certain personal income tax returns of their clients electronically.

Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §11-21-54, to read as follows:
ARTICLE 21. PERSONAL INCOME TAX.
§11-21-54. Electronic filing for certain tax preparers.
(a) If an income tax return preparer filed more than one hundred personal income tax returns for any taxable year that began after the first day of January, two thousand five, and if during calendar year two thousand six or any calendar year thereafter that income tax preparer prepares one or more personal income tax returns using tax preparation software for a previous taxable year, then for each current taxable year all unamended personal income tax returns prepared by that preparer shall be filed electronically, except as provided in subsections (c) and (d) of this section.
(b) For purposes of this section:
(1) "Income tax preparer" means any person who prepares, in exchange for compensation, or who employs another person to prepare, in exchange for compensation, all or a substantial portion of any return for a taxpayer for the tax imposed by this article and who is identified as the preparer for the taxpayer on the return. A person who only performs those acts described in clauses (i) through (iv) of Section 7701(a)(36)(B) of the Internal Revenue Code with respect to the preparation of a return for a trust or estate for which he or she is a fiduciary or a return for a partnership of which he or she is a partner is not an income tax preparer for purposes of this section.
(2) "Electronic filing" or "e-filing" means filing using electronic technology such as computer modem, magnetic media, optical disk, facsimile machine, telephone or other technology approved by the Tax Commissioner, in such manner as he or she deems acceptable.
(3) "Tax preparation software" means any computer software program intended for accounting or tax return preparation.
(c) Subsection (a) of this section shall cease to apply to an income tax preparer if, for the previous taxable year, that income tax preparer prepared no more than twenty-five personal income tax returns.
(d) This section first applies to personal income tax returns required to be filed for taxable years beginning the first day of January, two thousand six. This section does not require electronic filing of: (1) Returns that were not required to be filed for taxable years beginning prior to that date; (2) returns for prior taxable years beginning prior to that date; or (3) amended returns for any taxable year.
(e) An income tax preparer who is required to e-file under this section but does not do so is liable for a penalty in the amount of twenty-five dollars for each return prepared that is not e-filed, unless the preparer shows that the failure to do so is due to reasonable cause rather than willful neglect. For purposes of this subsection, reasonable cause includes, but is not limited to, a documented election by a client not to file electronically.
(f) The commissioner shall implement the provisions of this section using any combination of notices, forms, instructions and rules that he or she deems necessary.


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(NOTE: The purpose of this bill is to require electronic filing of personal income tax returns by tax preparers with more than one hundred clients in the previous year.
This section is new; therefore, strike-throughs and underscoring have been omitted.)
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