taxes

Some states offering tax amnesty

Highlights
  • This year, seven state tax departments are offering tax amnesties.
  • Seven other states are considering it, and 42 have done so since 1982.
  • These programs raise funds for states, but some say they're unfair.

If you're feeling a bit guilty about some unpaid taxes, you might be able to clear your conscience for less than you'd feared.

This year, seven state tax departments have held or will offer tax amnesties: Alabama, Arizona, Connecticut, Massachusetts, New Jersey, Virginia and Wisconsin. Amnesties enable delinquent citizens to come clean about their tax transgressions, pay the due amount and receive exoneration for penalties and interest.

Seven more states -- Hawaii, Louisiana, Maryland, Michigan, New Mexico, Oregon and Vermont -- are considering them.

Even if there's no official amnesty program in your state, you still might be able to pay off your old debt with minimal penalty. Many states allow delinquent filers to set things right with state tax collectors via ongoing voluntary compliance programs.

However, it's the official state and, in some cases, lower-level government tax amnesty programs that attract the most attention.

What's covered?

The Federation of Tax Administrators has tracked these programs since 1982. In that time, 42 states, the District of Columbia, New York City and the U.S. commonwealth of the Northern Marianas Islands have offered their residents the chance to pay back taxes.

The various amnesties vary widely in length and scope, but almost every type of overdue tax has at one point in some state been eligible for settlement.

The common thread among amnesties is the opportunity for participants to avoid some or all associated penalties and interest.

The possibility of civil or criminal prosecution also is usually waived when delinquent filers fess up during an amnesty period.

Plus, tax amnesties limit the tax examination look-back period, says Kathleen Thies, an analyst with the tax software and publishing company CCH.

"If you're audited under normal circumstances, the auditors could look back at 10 years or more of returns," says Thies. "But if you come forward in an amnesty program, the look-back would be much shorter. You don't have to worry about a tax examiner looking back over your taxes until the end of time. You won't be on the hook for taxes not paid many, many years ago."

States benefit, too

Amnesties also are sweet deals for states, especially in tough economic times when tax revenues shrink.

2009 state tax amnesties
StateAmnesty periodTaxes affected
AlabamaFeb. 1 through May 15Personal income, corporate income, business privilege and other taxes
ArizonaMay 1 through June 1All taxes except estate and property
ConnecticutMay 1 through June 25All taxes administered by the state
MassachusettsMarch 1 through April 30All taxes administered by the state
New JerseyMay 4 through June 15All taxes administered by the state
VirginiaNot yet set, but it must be concluded by June 30, 2010All taxes administered by the state
WisconsinFeb. 19, 2009 through Oct. 1, 2010Retailer sales tax collection

"We definitely see them in times of budget shortfalls," says Thies. "The cost of having to initiate and conduct an audit and find nonfilers is very expensive for the state. So when they are already up against a budget crunch, by waiving at least a portion of interest and penalties, they can jump-start their own coffers by getting people who would otherwise be difficult to find."

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And the programs have been pretty successful. Massachusetts' third tax amnesty since 2002 concluded April 30. Figures aren't yet in on the 2009 amnesty, but in 2002 and 2003, similar programs generated $91.6 million and $174 million, respectively.

 

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