H.B. No. 0014

Streamlined sales tax.

Sponsored By: Joint Revenue Interim Committee

AN ACT relating to taxation and revenue; providing amendments to the sales and use tax laws as specified; providing for voluntary licensing; providing definitions; providing for enforcement procedures; providing for bad debt procedures; providing timeline procedures for local optional taxes; providing conforming amendments; and providing for an effective date.

12/6/2004 Bill Number Assigned

1/11/2005 H Received for Introduction

1/11/2005 H Introduced and Referred to H03

1/12/2005 H03 Recommended Amend and Do Pass

ROLL CALL

Ayes: Representative(s) Anderson, R., Bucholz, Gay, Gilmore, Harshman, Hastert, Miller, Pedersen and Walsh

Ayes 9 Nays 0 Excused 0 Absent 0 Conflicts 0

1/12/2005 H Placed on General File

HB0014HS001/ADOPTED

Page 3-line 17 After "(B)," insert "39-15-107(a)(x),".

Page 14-After line 4 Insert:

"39-15-107.  Compliance; collection procedures.

(a)  Returns, reports and preservation of records. The following shall apply:

(x)  Taxes paid on gross receipts represented by accounts found to be worthless may be credited against subsequent liability of the vendor. The vendor shall not take the credit for any bad debt until he has used the customary debt collection procedures as documented in writing by the vendor and has written off the debt; or until the debt qualifies as a bad debt under 26 U.S.C. section 166 excluding financing charges or interest, sales or use taxes charged on the purchase price, uncollectible amounts on property that remain in the possession of the seller until the full purchase price is paid, any expenses incurred in attempting to collect any debt, and repossessed property. If any such account is thereafter collected by the vendor, a tax shall be paid upon the amount collected. The amount collected shall be applied proportionally first to the taxable price of the property or service and the sales tax thereon, and then to interest, service charges and any other charges. Should the bad debt exceed the taxable sales for a subsequent period the vendor may request a refund of the tax on the bad debt from the department so long as the claim is made within three (3) years of the date of sale. A certified service provider under W.S. 39-15-401 through 39-15-408 acting on behalf of a vendor may claim the bad debt allowance for the vendor and shall remit the credit or refund received to the vendor. Should the bad debt apply to more than one (1) state, the debt may be allocated between the affected states.".

Page 22-line 6 Delete "July 1, 2005." insert "immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution.". ANDERSON, R., CHAIRMAN

1/14/2005 H Passed CoW

HB0014H2001/ADOPTED

Page 11-line 17 Delete "such" insert "the".

Page 11-line 20 Delete "such" insert "the".

Page 12-line 1 Delete "such" insert "the".

Page 12-line 2 Delete "such" insert "the".

Page 14-line 4 In the standing committee amendment (HB0014HS001/A) to this line, in paragraph (x) of subsection (a), after "If any" strike "such". ROBINSON

1/17/2005 H Passed 2nd Reading

1/18/2005 H Passed 3rd Reading

ROLL CALL

Ayes: Representative(s) Alden, Anderson, R., Bagby, Barnard, Berger, Brown, Buchanan, Bucholz, Childers, Cohee, Davison, Diercks, Edwards, Esquibel, Gay, Gilmore, Gingery, Goggles, Hageman, Hammons, Harshman, Harvey, Hastert, Hinckley, Iekel, Jones, Jorgensen, Landon, Latta, Lockhart, Lubnau, Luthi, Martin, McOmie, Meuli, Miller, Morgan, Olsen, Osborn, Pedersen, Petersen, Powers, Quarberg, Reese, Robinson, Samuelson, Semlek, Simpson, Slater, Thompson, Walsh, Warren, Wasserburger, Watt, White and Zwonitzer.

Nays: Representative(s) Brechtel and Illoway.

Excused: Representative(s) Jackson and Philp.

Ayes 56 Nays 2 Excused 2 Absent 0 Conflicts 0

1/20/2005 S Received for Introduction

1/27/2005 S Introduced and Referred to S03

2/1/2005 S03 Recommended Do Pass

ROLL CALL

Ayes: Senator(s) Aullman, Cooper, Hawks, Mockler and Peck

Ayes 5 Nays 0 Excused 0 Absent 0 Conflicts 0

2/1/2005 S Placed on General File

2/8/2005 S Passed CoW

2/9/2005 S Passed 2nd Reading

2/10/2005 S Passed 3rd Reading

ROLL CALL

Ayes: Senator(s) Anderson, J., Aullman, Barrasso, Boggs, Burns, Case, Coe, Cooper, Decaria, Geis, Hanes, Hawks, Hines, Jennings, Job, Johnson, Larson, Massie, Meier, Mockler, Nicholas, Northrup, Peck, Ross, Schiffer, Scott, Sessions, Townsend, Vasey and Von Flatern.

Ayes 30 Nays 0 Excused 0 Absent 0 Conflicts 0

2/10/2005 Assigned Number HEA No. 0003

2/10/2005 H Speaker Signed HEA No. 0003

2/11/2005 S President Signed HEA No. 0003

2/15/2005 Governor Signed HEA No. 0003

2/15/2005 Assigned Chapter Number

Chapter No. 0005 Session Laws of Wyoming 2005.