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Bill would limit retroactive tax assessments when taxpayers relied on prior audit guidance
Summary
Senate File 88 would curb the Department of Revenue’s ability to assess additional sales or income taxes when a taxpayer relied in good faith on prior audit treatment and the underlying statute, rule or federal return has not materially changed; the department provided examples of how sample audits are treated.
Senate File 88, authored by Senator Cline, would restrict the Commissioner of Revenue’s ability to issue retrospective assessments for income or sales taxes when taxpayers can show they relied in good faith on prior written audit guidance and there has been no material change in statute, administrative rule, a controlling court decision, or federal adjustment.
Cline said the bill addresses situations where taxpayers “believe in good faith that they are following…
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