§ 39-15-107 — Compliance; collection procedures

Wyoming § 39-15-107

• Jurisdiction: Wyoming
• Title 39: Taxation and Revenue
• Ch. 15: SALES TAX
• Art. 1: STATE SALES TAX

Text

(a) Returns, reports and preservation of records. The
following shall apply:
(i) Each vendor shall on or before the last day of
each month file a true return showing the preceding month's
gross sales and remit all taxes to the department. The returns
shall contain such information and be made in the manner as the
department by regulation prescribes. The department may provide
an option for the return to be submitted and for any taxes to be
remitted electronically. The department may allow extensions for
filing returns and paying the taxes by regulation, but no
extension may be for more than ninety (90) days. If the total
tax to be remitted by a vendor during any month is less than one
hundred fifty dollars ($150.00), a quarterly or annual return as
authorized by the department, and remittance in lieu of the
monthly return may be made on or before the last day of the
month following the end of the quarter or year for which the tax
is collected. If the accounting methods regularly used by any
vendor are such that reports of sales made during a calendar
month would impose unnecessary hardships, the department after
receiving a formal request filed by the vendor may accept
reports at intervals as would be more convenient to the
taxpayer. Any vendor shall report whether the vendor sells
nicotine products, as defined by W.S. 39-18-101(a)(xi), in this
state to the department in the form and manner required by the
department. The department may reject any report required under
this paragraph of any vendor who does not comply with the
nicotine sales reporting requirements. Every person purchasing
goods or services taxable by this article who does not pay the
tax owed to a vendor shall, on or before the last day of each
month, file a return showing the gross purchases made during the
preceding month and remit all taxes due to the department. The
return shall contain such information and be made in the manner
as the department shall prescribe by rule and regulation. The
department, by rule and regulation, may allow an extension for
filing a return and paying any tax due, but no extension shall
be granted for more than ninety (90) days;
(ii) Every vendor and person liable for the payment
of sales tax under this article shall preserve for three (3)
years at his principal place of business, suitable records and
books as may be necessary to determine the amount of tax for
which he is liable under this article, together with all
invoices and books showing all merchandise purchased for resale.
All records, books and invoices shall be available for
examination by the department during regular business hours
except as arranged by mutual consent;
(iii) If any vendor or person liable for the payment
of sales tax under this article fails to comply with paragraph
(ii) of this subsection, he shall bear the burden of proof as to
the correctness of any assessment of taxes imposed by the
department for the period for which records were not preserved
in any court action or proceeding;
(iv) If a vendor fails to file a return as required
by this article, the department shall give written notice by
mail to the vendor to file a return on or before the last day of
the month following the notice of delinquency. If a vendor then
fails to file a return the department shall make a return from
the best information available which will be prima facie correct
and the tax due therein is a deficiency and subject to penalties
and interest as provided by this article;
(v) The department shall preserve returns and reports
for three (3) years;
(vi) The vendor shall file a return within thirty
(30) days after discontinuing or selling his business;
(vii) Taxes collected under paragraphs (b)(i) and
(ii) of this section are due and payable and shall be remitted
in full by the county treasurer to the department monthly or as
required by the department together with reports as required by
the department;
(viii) When applying for registration, every new
owner of a motorcycle shall produce either:
(A) A receipt from the department showing that
the sales or use tax has been paid;
(B) A receipt on forms provided by the
department showing that the motorcycle was purchased from a
Wyoming licensed dealer and that the dealer has collected the
sales tax; or
(C) A certificate from the department that no
sales or use tax is due.
(ix) As soon as practicable after the return is filed
the department shall examine it and if it appears from the
information on the return the tax to be remitted is incorrect,
the tax shall be recomputed. If the amount remitted exceeds that
which is due from the recomputed return, the excess shall be
refunded or credited as provided in W.S. 39-15-109(c) and (d);
(x) Taxes paid on gross receipts represented by
accounts found to be worthless may be credited against
subsequent liability of the vendor. The vendor shall not take
the credit for any bad debt until he has used the customary debt
collection procedures as documented in writing by the vendor and
has written off the debt; or until the debt qualifies as a bad
debt under 26 U.S.C. section 166 excluding financing charges or
interest, sales or use taxes charged on the purchase price,
uncollectible amounts on property that remain in the possession
of the seller until the full purchase price is paid, any
expenses incurred in attempting to collect any debt, and
repossessed property. If any account is thereafter collected by
the vendor, a tax shall be paid upon the amount collected. The
amount collected shall be applied proportionally first to the
taxable price of the property or service and the sales tax
thereon, and then to interest, service charges and any other
charges. Should the bad debt exceed the taxable sales for a
subsequent period the vendor may request a refund of the tax on
the bad debt from the department so long as the claim is made
within three (3) years of the date of the return on which the
bad debt could first be claimed. A certified service provider
under W.S. 39-15-401 through 39-15-408 acting on behalf of a
vendor may claim the bad debt allowance for the vendor and shall
remit the credit or refund received to the vendor. Should the
bad debt apply to more than one (1) state, the debt may be
allocated between the affected states.
(b) Payment. The following shall apply:
(i) Except as provided by paragraph (viii) of this
subsection, no vendor shall collect taxes imposed by this
article upon the sale of motor vehicles, house trailers, trailer
coaches, trailers or semitrailers. The taxes imposed shall be
collected by the county treasurer prior to the first
registration in Wyoming and not upon subsequent registration by
the same applicant. The county treasurer may allow the taxes to
be paid electronically after the amount of sales tax has been
determined by the county treasurer. The county treasurer may
charge a fee of not more than the costs of processing the
transaction but not to exceed a fee of three percent (3%) as
necessary to recoup fees incurred due to electronic payments.
The county treasurer shall provide the applicant a receipt
specifying the amount of sales tax collected and noting any
valid exemption from sales tax. The county treasurer shall
collect and remit to the department the tax in effect in the
county of the owner's principal residence as indicated on the
owner's driver's license or other government issued
identification;
(ii) Except for those vehicles specified under
paragraph (viii) of this subsection, the tax imposed by this
article upon the sale of a motor vehicle, house trailer, trailer
coach, trailer or semitrailer purchased as a gift shall be
collected from the donee prior to the first registration based
upon the fair market value of the gift at the time of the gift;
(iii) Motor vehicle vendors and vendors of house
trailers, trailer coaches, trailers or semitrailers shall not be
required to pay sales taxes on motor vehicles, house trailers,
trailer coaches, trailers or semitrailers if they are registered
in the vendor's name, are included as a part of the vendor's
inventory and are held principally in the conduct of the
vendor's business for sale, demonstration or delivery prior to
sale and use, except a motor vehicle vendor shall be liable for
payment of sales or use tax on the transfer of a motor vehicle
with less than one thousand (1,000) miles on the odometer he
purchases if:
(A) The vendor is not a properly licensed dealer
under W.S. 31-16-101 et seq.;
(B) The vehicle he purchased was transferred
with a manufacturer's statement of origin or manufacturer's
certificate of origin from a properly licensed dealer; and
(C) The vehicle was transferred into his
inventory for sale, demonstration or delivery.
(iv) A person regularly engaged in the business of
making loans or a supervised financial institution, as defined
in W.S. 40-14-140(a)(xix), that forecloses a lien or repossesses
a motor vehicle on which it has filed a lien, or an insurance
company that acquires ownership of a motor vehicle pursuant to a
damage settlement, shall not be liable for payment of sales or
use tax, penalties or interest due under this section or W.S.
39-16-107 for that vehicle;
(v) The taxes are due and payable on the last day of
the month following the month in which they were collected or as
required by the department as specified in this article;
(vi) If a sale is made on credit, contract or
conditional basis and title does not pass until a future date,
there shall be paid upon each payment that portion of the total
tax which the amount paid bears to the purchase price. If a
vendor discontinues business, the tax shall be computed and paid
on the outstanding amount of all credit, installment and
conditional sales;
(vii) If any vendor collects a tax in excess of that
imposed by this article it shall be remitted to the department
after making reasonable attempts to identify and refund the
excess tax to the taxpayer that originally paid the tax;
(viii) Notwithstanding W.S. 39-15-107(b)(i), the tax
imposed under this article upon the sale of mopeds and
motorcycles as defined in W.S. 31-5-102(a) and off-road
recreational vehicles defined by W.S. 31-1-101(a)(xv) shall be
collected by the vendor in the manner prescribed by this
section;
(ix) When the department has reason to believe the
collection of any tax, penalty or interest will be jeopardized
by delay it shall immediately levy a jeopardy assessment and the
amount assessed shall be immediately due and payable. Notice of
the assessment shall be given to the vendor personally or by
mail. If the jeopardy assessment is not paid within ten (10)
days after the service of notice upon the vendor, the deficiency
penalty and interest provided in W.S. 39-15-108(c)(ii) shall
attach to the amount of the jeopardy assessment;
(x) The department may enter into contracts with
collection agencies for required collection services on
deficiencies of sales tax occurring under W.S. 39-15-101 through