SB 234 Indiana Senate · 2021 Regular Session

Withholding tax remittance.

Summary
Requires the department of state revenue (department) to provide written notice, by electronic means, to each employer that is registered in the department's online INTIME program and whose employer's Form WH-1 monthly withholding tax report or withholding tax remittance is past due. Requires each payroll service provider to annually register with the department beginning January 1, 2022. Specifies the contents of the annual registration form. Defines "payroll service provider" and "responsible person" for purposes of these provisions. Provides that the department may charge an annual payroll service provider registration fee for purposes of the registration program. Provides that a provider shall be permitted to retain any income generated on business client (client) funds while held in a provider's legal possession pending remittance to authorized payees if the client agreement expressly permits it and the provider complies with certain rules. Provides that a payroll service provider contract must include a provision that specifies that if the payroll service provider fails to deposit or remit a business client's employer withholding taxes when due, and the failure is caused by an error or omission of the payroll service provider and not by the business client, the payroll service provider shall be required to reimburse the business client for the business client's payment of any penalties or interest assessed by the department as a result of the failure. Provides that, if a provider knowingly or intentionally fails to remit taxes withheld, the provider is liable and responsible persons shall be personally liable for such taxes that were withheld and not remitted, along with penalties and interest. Provides that a responsible person of the provider who knowingly or intentionally fails to remit taxes that were withheld commits a Class A misdemeanor, and increases the penalty depending on the amount of taxes that were not remitted. Provides that the liability shall not be construed to relieve the liability of the employer or any person otherwise with a duty to withhold. Provides that the employer's address shall be the address of record with the department for withholding tax purposes and that a payroll service provider may not change the address of record with the department.
Bill status signed all 5 stages cleared
Introduction
Apr 2021
Committee Review
Mar 2021
Senate Passage
Feb 2021
House Passage
Mar 2021
Signed into Law
Apr 2021
Introduced Apr 6, 2021 Signed Apr 22, 2021
Floor votes · House Mar 30, 2021

How they voted

This bill passed the Senate by voice vote (no roll call recorded).
Full legislative history

Actions timeline

Total actions
39
Key actions
6
Committee
5
Amendments
2
Apr 22, 2021
Signed into law
Signed by the Governor
executive
Apr 8, 2021
Amended
Senate concurred in House amendments; Roll Call 373: yeas 47, nays 0
upper
Apr 6, 2021
Introduced
Motion to concur filed
upper
Mar 31, 2021
Amended
Returned to the Senate with amendments
lower
Mar 30, 2021
Lower · Passed
Third reading: passed; Roll Call 330: yeas 89, nays 3
lower
Mar 25, 2021
Lower · Passed
Committee report: amend do pass, adopted
lower
Mar 18, 2021
Committee
Referred to the Courts and Criminal Code pursuant to House Rule 127
lower
Mar 18, 2021
Lower · Passed
Committee report: amend do pass, adopted
lower
Feb 17, 2021
Committee
Referred to the House
upper
Feb 16, 2021
Upper · Passed
Third reading: passed; Roll Call 130: yeas 46, nays 0
upper
Feb 9, 2021
Upper · Passed
Committee report: amend do pass, adopted
upper
4 primary · 31 co-sponsors

Sponsors