As a reminder, the tax amnesty program will run from September 1 through October 1, 2011, and apply to:

(1) any taxable period beginning from and after December 31, 2003, and ending before January 1, 2010, for taxpayers who file annually, and

(2) any taxable period beginning from and after January 14, 2004, and ending before January 1, 2010, for taxpayers having a 52-53-week tax year. For all other taxpayers, the program applies to any taxable period beginning from and after December 31, 2004, and ending before January 1, 2010.

To qualify, a taxpayer must submit a complete application form furnished by the department that requires the applicant to identify the tax, the qualifying taxable period, and the tax liability for which recovery is sought and to furnish other requested information, and pay the tax and interest due by October 1, 2011.

A taxpayer will not qualify for participation in the program if:

• an audit determination has become final with respect to the taxable period for which recovery is sought;
• the taxpayer is a party to any criminal investigation, criminal administrative proceeding, or criminal litigation that is pending on January 1, 2011, for failure to file, failure to pay, or fraud with respect to any tax;
• the taxpayer has been the subject of a past tax-related criminal investigation, indictment or prosecution that resulted in a conviction, a guilty plea or a plea of no contest;
• the taxpayer has been convicted of a crime relating to any period or assessment of a tax that is the basis of the penalty or interest with respect to which recovery is sought; or
• the taxpayer is a party to a closing agreement with the department for the tax periods included in the recovery application.

The approval to participate in the amnesty program does not entitle any affected taxpayer or other person to a refund or credit of any amount previously paid.

The tax recovery program provisions are repealed from and after December 31, 2011.

Source: CCH Tax Research Network

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