Quarterly returns; agent to continue to file reports until certain events occur

(A) A withholding agent shall file a quarterly return in a form prescribed by the department indicating the total amount withheld pursuant to this chapter during the calendar quarter. The return must be filed even in quarters when no income tax has been withheld. The return must be filed on or before dates required for filing federal quarterly withholding returns specified in Internal Revenue Code Section 6071 and Internal Revenue Code Regulation Section 31.6071(a)(1), except the fourth quarter return. The fourth quarter return is due on or before the last day of January following the calendar year of the withholding.
(B)(1) A withholding agent may discontinue filing quarterly returns only after the withholding agent:

# (a)

notifies the department in writing that he is no longer required to withhold; and

# (b)

has remitted all taxes withheld or required to be withheld under the provisions of this chapter.

(2) A withholding agent who notifies the department that he is no longer required to withhold under subsection (B)(1) may furnish the department with the reconciliation statement required under Section 12-8-1550(A)(2) at the time notification is given.

Last amended: 1995 Act No. 76, SECTION 2; 1997 Act No. 83, SECTION 2; 2016 Act No. 160 (H.4328), SECTION 1, eff April 21, 2016. Effect of Amendment 2016 Act No. 160, SECTION 1, in (A), substituted "January" for "February" in the last sentence.

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