HB 103: Transfer of Tax Liability
GENERAL BILL by Wood
Transfer of Tax Liability; Revises provisions relating to tax liability when person transfers or quits business; provides transfer of assets of business or stock of goods of business is considered transfer of business; requires DOR to notify business before circuit court temporarily enjoins business activity; provides liability for certain taxes unless specified conditions are met; requires department to conduct certain audits; requires DOR to notify transferee before circuit court enjoins business activity; specifies that transferor & transferee of assets of business are jointly & severally liable up to maximum amount; specifies maximum liability of transferee; provides methods for calculating fair market value or total purchase price of specified business transfers to determine maximum tax liability of transferees; excludes transferees from tax liability when transfer consists only of specified assets; authorizes DOR to provide tax information to transferee against whom tax liability is being asserted; repeals provisions relating to tax liability & criminal liability of dealers of communications services who make certain transfers related to communications services business; repeals provisions relating to dealer's tax liability & criminal liability for sales tax when business transferred.
-
Bill History
Date Chamber Action 8/25/2011 House • Filed
9/15/2011 House • Referred to Civil Justice Subcommittee; Economic Affairs Committee; Finance and Tax Committee -HJ 14
10/11/2011 House • On Committee agenda-- Civil Justice Subcommittee, 10/18/11, 1:30 pm, 404 HOB
10/18/2011 House • Favorable by Civil Justice Subcommittee; YEAS 14 NAYS 0 -HJ 171
• Now in Economic Affairs Committee -HJ 171
11/8/2011 House • On Committee agenda-- Economic Affairs Committee, 11/15/11, 4:00 pm, Reed Hall
11/15/2011 House • Favorable by Economic Affairs Committee; YEAS 18 NAYS 0 -HJ 172
• Now in Finance and Tax Committee -HJ 172
11/29/2011 House • On Committee agenda-- Finance and Tax Committee, 12/06/11, 11:00 am, Morris Hall
12/6/2011 House • Favorable by- Finance and Tax Committee; YEAS 22 NAYS 0 -HJ 175
• Placed on Calendar -HJ 175
1/10/2012 House • Introduced -HJ 14
1/30/2012 House • Placed on Special Order Calendar, 02/02/12
2/2/2012 House • Read 2nd time -HJ 327
• Placed on 3rd reading
2/3/2012 House • Read 3rd time -HJ 469
• Passed; YEAS 115 NAYS 0 -HJ 469
2/8/2012 Senate • In Messages
3/2/2012 Senate • Referred to Community Affairs; Commerce and Tourism; Budget Subcommittee on Finance and Tax; Budget -SJ 812
3/5/2012 Senate • Received -SJ 812
3/6/2012 Senate • Withdrawn from Community Affairs; Commerce and Tourism; Budget Subcommittee on Finance and Tax; Budget -SJ 876
• Placed on Calendar, on 2nd reading -SJ 876
• Substituted for SB 170 -SJ 876
• Read 2nd time -SJ 876
• Placed on 3rd reading
3/7/2012 Senate • Read 3rd time -SJ 908
• Passed; YEAS 36 NAYS 1 -SJ 909
3/7/2012 House • Ordered enrolled -HJ 1178
3/30/2012 • Signed by Officers and presented to Governor
4/6/2012 • Approved by Governor
4/7/2012 • Chapter No. 2012-55
-
HB 103, Enrolled (Current Bill Version) Posted 3/7/2012 at 4:21 PM
Bill Text: PDF Analyses: None Related Bills (1)
Bill Number Subject Filed By Relationship Last Action and Location Track Bills S 170 Transfer of Tax Liability Altman Identical Last Action: 3/6/2012 S Laid on Table, companion bill(s) passed, see HB 103 (Ch. 2012-55) -SJ 876
Location: Laid on TableCitations - Statutes (4)
Citation Catchline Location in Bill Location In Bill Help 202.31 Sale of business; liability for tax; procedures; penalty for violations. Page 9 (pdf) 212.10 Sale of business; liability for tax, procedure, penalty for violation. Page 9 (pdf) 213.053 Confidentiality and information sharing. Page 9 (pdf) 213.758 Transfer of tax liabilities. Page 2 (pdf) -
HB 103, Original Filed Version Posted 8/25/2011 at 3:07 PM
Bill Text: Web Page | PDF Analyses: Civil Justice Subcommittee (Post-Meeting) 4/10/2012 (pdf)
Economic Affairs Committee (Post-Meeting) 11/15/2011 (pdf)
Finance and Tax Committee (Post-Meeting) 12/6/2011 (pdf)
Related Bills (1)
Bill Number Subject Filed By Relationship Last Action and Location Track Bills S 170 Transfer of Tax Liability Altman Identical Last Action: 3/6/2012 S Laid on Table, companion bill(s) passed, see HB 103 (Ch. 2012-55) -SJ 876
Location: Laid on TableFloor Amendments (1)
Amendment Sponsor Filed Last Floor Action Format 720552 - Amendment
Between lines 44 and 45 insert:Diaz de la Portilla 3/6/2012
8:54 AMSenate: Withdrawn
3/6/2012Web Page
PDFFloor Votes (2)
Date Chamber Result 2/3/2012 1:07 PM House 115 Yeas - 0 Nays 3/7/2012 9:46 AM Senate 36 Yeas - 1 Nays Citations - Statutes (4)
Citation Catchline Location in Bill Location In Bill Help 202.31 Sale of business; liability for tax; procedures; penalty for violations. Page 9 (pdf) 212.10 Sale of business; liability for tax, procedure, penalty for violation. Page 9 (pdf) 213.053 Confidentiality and information sharing. Page 9 (pdf) 213.758 Transfer of tax liabilities. Page 2 (pdf)
Identical bill
Companion bills that are identical word-for-word, not including titles. However, Resolutions and Concurrent Resolutions are considered identical if the only difference is the word "House" or "Senate."
Similar bill
Companion bills that are substantially similar in text or have substantial portions of text that are largely the same.
Compare bill
Bills that have selected provisions that are similar in text.
Linked bill
A bill that is contingent upon passage of another bill within the same chamber, e.g., a trust fund bill, a bill providing a public record exemption, or an implementing bill.
The page numbers, when listed, for citations are constantly under review. The journals or printed bills of the respective chambers should be consulted as the official documents of the Legislature.
The links for the page numbers are formatted to open the bill text PDF directly to the page containing the citation. However, if your browser is set to open PDFs in a new window, as is often the case with 64-bit browsers, the bill text will open to the first page.