42-5162. Monthly return; time for payment;
extension of time; quarterly payment
A. From and after April 30, 1985, every retailer engaged in the business of making
sales of tangible personal property the use, storage or consumption of which is subject
to the tax imposed by this article, and every person who purchases for use, storage or
consumption any such property for which the tax is not paid to the retailer, shall file a
return with the department on or before the twentieth day of the month next succeeding
the month in which the tax accrues. The return shall be on a form prescribed by the
department and shall show the tangible personal property sold for use, storage or
consumption or purchased for use, storage or consumption within the state during the
preceding calendar month. Such return shall be verified by oath or affirmation of the
retailer or person making the report, or his agent, and shall be accompanied by payment
of the tax shown to be due. The return and tax are delinquent if not postmarked on or
before the twenty-fifth day of the month when due or if not received by the department on
or before the business day preceding the last business day of that month for those
taxpayers electing to file by mail, or are delinquent if not received by the department
on the business day preceding the last business day of the month when due for those
taxpayers electing to file in person.
B. The department may, for any taxpayer whose estimated annual liability for taxes
imposed by this article is between five hundred and one thousand two hundred fifty
dollars, authorize such taxpayer to pay such taxes on a quarterly basis. The department
may, for any taxpayer whose estimated annual liability for taxes imposed by this article
is five hundred dollars or less, authorize such taxpayer to pay such taxes on an annual
basis.
C. For good cause shown the department may extend the time for making a return and
paying the tax, but the time for filing the return shall not be extended beyond the first
day of the third month next succeeding the regular due date of the return.
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