§ 82-A:7 — Tax Returns by Retailer; Estimated Payments and Extensions

I. Except as provided hereinafter in this section, on or before the fifteenth day of each month each retailer maintaining a place of business in this state shall make a return to the department for the preceding calendar month, stating:
(a) His name;
(b) The address of his principal place of business, and the address of the principal place of business, if that is a different address, from which he engages in the business of providing communications services;
(c) Total amount of gross charges billed by him during the preceding calendar month for providing communications services during such calendar month;
(d) Total amount received by him during the preceding calendar month on credit extended;
(e) Deductions allowed by law;
(f) Gross charges which were billed by him during the preceding calendar month and upon the basis of which the tax is imposed;
(g) Amount of tax computed upon gross charges as provided in paragraph VI; and
(h) Such other reasonable information as the department may require.
II. If the retailer's average monthly tax billings due to the department do not exceed $100, the department may authorize his returns to be filed on a quarter annual basis, with the return for January, February and March of each year being due by April 15 of such year; with the return for April, May and June of each year being due by July 15 of such year; with the return for July, August and September of each year being due by October 15 of such year; and with the return for October, November and December of each year being due by January 15 of the following year.
III. Notwithstanding any other provision of this chapter containing the time within which a retailer may file his return, in the case of any retailer who ceases to engage in a kind of business which makes him responsible for filing returns under this chapter, such retailer shall file a final return under this chapter with the department not more than one month after discontinuing such business.
IV. In making such return, the retailer shall determine the value of any consideration other than money received by him and he shall include such value in his return. Such determination shall be subject to review and revision by the department in the manner hereinafter provided for the correction of returns.
V. Each retailer whose average monthly liability to the department under this chapter is reasonably estimated to be in excess of $10,000 shall make estimated payments to the department on or before the fifteenth day of the month during which tax collection liability to the department is incurred in an amount equal to 90 percent of the retailer's actual tax collections for the same calendar month of the preceding year or, if no tax was collected in the preceding year, 90 percent of the reasonably estimated tax collections for the month. The amount of such estimated payments shall be credited against the final liability of the retailer's return for that month. Any outstanding credit, approved by the department, arising from the retailer's overpayment of its final liability for any month may be applied to reduce the amount of any subsequent estimated payment or credited against the final liability of the retailer's return for any subsequent month. If any estimated payment is not paid at the time or in the amount required by this section, the retailer shall be liable for penalty and interest on the difference between the minimum amount due as a payment and the amount of such payment actually and timely paid.
VI. If the commissioner finds that the information required for the making of an accurate return cannot reasonably be compiled by a retailer within 15 days after the close of the calendar month for which a return is to be made, he may grant an extension of time for the filing of such return for a period not to exceed 31 calendar days. The granting of such an extension may be conditioned upon the deposit by the retailer with the department of an amount of money not exceeding the amount estimated by the commissioner to be due with the return so extended. All such deposits, including any heretofore made with the department, shall be credited against the retailer's liabilities under this chapter. If any such deposit exceeds the retailer's present and probable future liabilities under this chapter, the department shall issue to the retailer a credit memorandum, which may be assigned by the retailer to a similar retailer under this chapter, in accordance with reasonable rules to be prescribed by the department.
VII. The retailer making the return herein provided for shall, at the time of making such return, pay to the department the amount of tax herein imposed.

Legislative History

1990, 9:8; 101:4.