Current through August, 2024
(a) In addition to
the monthly, quarterly, or semiannual return, every taxpayer shall file an
annual return on or before the twentieth day of the fourth month following the
close of the taxable year with the taxation district office where the privilege
upon which the tax accrued is exercised, or, where the privilege is exercised
in more than one taxation district, with the office of the first taxation
district. The annual return shall summarize the taxpayer's liability under this
chapter for the year.
(b) The
annual return shall be signed as follows:
(1)
The return of an individual shall be signed by the taxpayer;
(2) The return of a corporation shall be
signed by any officer;
(3) The
return of a partnership shall be signed by any partner;
(4) The return of a trust, estate, or other
entity having a fiduciary shall be signed by the personal representative,
trustee, guardian, or other fiduciary, and if the entity has more than one
fiduciary the return may be signed by any fiduciary;
(5) The return of a husband and wife who
jointly engage in business may be signed by either the husband or wife;
or
(6) Any return may be signed by
a person having written authority to act on behalf of the taxpayer for this
purpose; provided that the signer shall attach to the return a copy of the
writing giving the signer that authority.
(c) The department may extend the time for
making the annual tax return on the application of any taxpayer. The department
shall grant reasonable additional time within which to make the return as the
department may deem advisable for good cause shown.
(1) The extension shall be granted only if
all required monthly, quarterly, or semiannual tax returns have been
filed.
(2) In making a request for
extension, the taxpayer shall file an application for extension on a form
prescribed by the department with the appropriate taxation district office on
or before the due date of the annual tax return, specifying the reason for the
delay. On or before the original due date of the return, there shall be paid
through monthly, quarterly, or semiannual tax payments or a payment
accompanying the application for an extension an amount equal to the estimated
tax due for the taxable year but in any case not less than ninety percent of
the tax for the taxable year.
(3)
The annual tax return shall be filed during the time period specified in the
extension, with payment of any tax to the extent not already paid. A duplicate
of the approved application for extension shall be attached to the
return.
(4) Each extension shall be
granted for a period of not more than three months. In no event shall an
extension be given that will extend filing of the return for more than six
months from the original due date of the return.
(5) An application for extension shall be
signed by any person who may sign the annual return, or by a duly licensed
attorney or certified public accountant on behalf of the attorney's or
accountant's client.
