LRBa1654/1
JK:jlg&cmh:ch
1999 - 2000 LEGISLATURE
SENATE AMENDMENT 2,
TO 1999 SENATE BILL 346
March 8, 2000 - Offered by Senator Wirch.
SB346-SA2,1,11 At the locations indicated, amend the bill as follows:
SB346-SA2,1,3 21. Page 1, line 10: after "taxes," insert "payment schedules for delinquent
3taxpayers who enter into a compromise,".
SB346-SA2,1,5 42. Page 4, line 14: delete the material beginning with " A " and ending with "(e),
5a
" on line 15 and substitute "A".
SB346-SA2,1,6 63. Page 4, line 20: delete that line and substitute:
SB346-SA2,1,7 7"71.10 (6) (b) Separate returns. A spouse filing".
SB346-SA2,1,8 84. Page 5, line 14: delete that line and substitute:
SB346-SA2,1,9 9"71.10 (6m) (a) A formerly married or remarried".
SB346-SA2,1,10 105. Page 6, line 19: delete that line and substitute:
SB346-SA2,1,11 11" Section 12c. 71.80 (19) (c) of the statutes is amended to read:
SB346-SA2,2,312 71.80 (19) (c) Inapplicability to computation of amount. Paragraph Except at
13the request of the department, paragraph
(a) does not apply to items which must be

1taken into account in making the computations necessary to determine the total
2amount required to be shown on a form, statement or other document but applies
3only to such final amount.".
SB346-SA2,2,4 46. Page 7, line 8: after that line insert:
SB346-SA2,2,5 5" Section 13m. 71.92 (3) of the statutes is amended to read:
SB346-SA2,3,126 71.92 (3) Any taxpayer may petition the department of revenue to compromise
7his or her delinquent income or franchise taxes including the costs, penalties and
8interest. Such The petition shall set forth a sworn statement of the taxpayer and
9shall be in such a form as that the department shall prescribe prescribes and the
10department may examine the petitioner under oath concerning the matter. If the
11department finds that the taxpayer is unable to pay the taxes, costs, penalties and
12interest in full, it shall determine the amount the taxpayer is able to pay and shall
13enter an order reducing such taxes, costs, penalties and interest in accordance with
14such the determination. Such The order shall provide that such the compromise
15shall be, if paid in a lump sum, is effective only if paid within 10 days or the order
16shall provide that the compromise is effective if paid within one year if the
17department agrees to set up a payment schedule
. The department or its collection
18agents upon receipt of such the order shall accept payment in accordance with the
19order. Upon payment of the total amount due under the order, the department shall
20credit the unpaid portion of the principal amount of such taxes and make appropriate
21record of the unpaid amount of penalties, costs, and interest accrued to the date of
22such the order. If within 3 years of the date of such the compromise order or the date
23of a final payment under a payment schedule, whichever is later,
the department
24shall ascertain ascertains that the taxpayer has an income or property sufficient to

1enable the taxpayer to pay the remainder of the tax including costs, penalty and
2interest the department shall reopen said the matter and order the payment in full
3of such taxes, costs, penalties and interest. Before the entry of such the order a notice
4shall be given to the taxpayer in writing advising of the intention of the department
5of revenue to reopen such the matter and fixing a time and place for the appearance
6of the taxpayer if the taxpayer desires a hearing. Upon entry of such the order the
7department of revenue shall make an appropriate record of the principal amount of
8such the taxes, penalties, costs and interest ordered to be paid and such taxes shall
9be immediately due and payable and shall thereafter be subject to the interest
10provided by s. 71.82 (2), and the department shall immediately proceed to collect the
11same together with the unpaid portion of penalty, costs, and interest accrued to the
12date of the compromise order.".
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