1 TOP TEN NON- COMPLIANCE ISSUES 2005 - 2010 PRESENTED BY APC COMMITTEE.

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Presentation transcript:

1 TOP TEN NON- COMPLIANCE ISSUES PRESENTED BY APC COMMITTEE

2 #10 A Violations *A670 AUDIT DOCUMENTATION The audit documentation shall accomplish the following:.100 Communicate the results of the audit, showing adjusted distance, fuel and the monetary results;.200 Document and justify procedures conducted by the auditor;.300 Indicate source of audit results. For example, audited fuel determined from retail purchase receipts;.400 Communicate suggestions and recommendations made to the licensee; and.500 Clearly support audit findings.

3 #9 = A VIOLATIONS A680 AUDIT FILE CONTENTS The audit file will contain, but not be limited to, the following:.100 Schedules.005 Summary schedules.010 Supplementary schedules.200 Support Documentation.005 Detail Information.010 Listing of Records Maintained.015 A synopsis of opening and closing conference notes with licensee indicating date and persons attending.

4 #8= P Violations P320 DECALS.100 Contents: must be so high and wide.200 Materials: must be right color and right material.300 Administrative Fees: you may charge fees

5 # 7= A VIOLATIONS A690 COMMUNICATION OF AUDIT FINDINGS P a ges of pages of information too big to place here

6 # 6 = P VIOLATIONS *P720 REQUIRED INFORMATION Each jurisdiction shall use a standard tax return that shall contain, but not be limited to, the elements listed below:.050 Name and mailing address of the jurisdiction issuing the tax return;.100 A space for the IFTA license number of the licensee;.150 A space for the name and address of the licensee;.200 A space for the tax reporting period of the tax return;.250 A space for the total distance traveled in all jurisdictions during the tax reporting period, including operations with trip permit;.300 A space for total fuel consumed in all jurisdictions during the tax reporting period;.350 A space for the average fuel consumption factor (to two decimal places) for the tax reporting period;.400 A space for the fuel type(s) consumed during the tax reporting period;

7 # 6 = P VIOLATIONS CONTINUED.450 Columns for the jurisdictions in the Agreement;.500 Columns for reporting for each jurisdiction in order (with roun d ing provided to the nearest whole unit);.010 Tax rate;.015 Total miles or kilometers;.020 Total taxable miles or kilometers;.025 Taxable gallons or liters;.030 Tax paid gallons or liters;.035 Net taxable gallons or liters;.040 Tax due;.045 Interest due; and.050 Total due;

8 # 6 = P VIOLATIONS CONTINUED.550 T otals for the columns that are listed under P with the exception of P and P ;.600 A space for penalty or late filings fees ($50.00 or 10 percent of the tax, whichever is greater);.650 A space for the total remittance of the tax return;.700 A space for the date of the submitted tax return;.750 A space for the signature of the person filing the licensee’s tax return, unless the licensee is filing electronically in accordance w ith R and P A space for the title of the person filing the licensee's tax return; and.850 A space for the telephone number of the person filing the licensee's tax return. A space for previous balances may be included.

9 # 5 = A VIOLATIONS *A320 SELECTION OF AUDITS The following guidelines shall be used in selecting audits to fulfill the IFTA auditing requirements:.100 Low-Distance/High-Distance Accounts Requirement.200 Low-Distance/High-Distance Computations

10 # 4 = A VIOLATIONS A310 NUMBER OF AUDITS Base jurisdictions will be held accountable for audits and will be required to complete audits of an average of 3 percent per year of the number of IFTA accounts required to be reported by that jurisdiction on the annual reports filed pursuant to the IFTA Procedures Manual, Section P excluding new licensees, for each year of the program compliance review period, other than the jurisdiction’s IFTA implementation year. Such audits shall cover at least one registration year. This does not preclude audits of individual licensees several times during the program compliance review period. However, audits for a licensee selected that cover multiple registration years, fuel types, or both shall be counted as one audit for program compliance review purposes.

11 # 3 = 50 VIOLATIONS R1230 * R1230 INTEREST The base jurisdiction, for itself and on behalf of the other jurisdictions, shall assess interest on all delinquent taxes due each jurisdiction except taxes collected directly by other jurisdictions in accordance with IFTA Procedures Manual Sections P1000 and P U.S. Jurisdiction Interest Rate For a fleet based in a U.S. jurisdiction, interest shall accrue at a rate of one percent per month..200 Canadian Jurisdiction Interest Rate For a fleet based in a Canadian jurisdiction, interest shall accrue at a rate equal to the Canadian Federal Treasury Bill rate plus two percent and adjusted every calendar quarter..300 Computation of Interest.005 Tax Returns Interest due from a tax return shall be calculated separately for each jurisdiction from the date tax was due for each month or fraction thereof until paid. A full month’s interest shall accrue for any portion of a month on which tax owed remains unpaid.

12 # 3 = 50 VIOLATIONS R1230 CONTINUED.010 Audits Audit interest shall be calculated separately for each jurisdiction. Audit interest shall accrue monthly on the cumulative net tax balance owed to a jurisdiction until paid. A cumulative net tax balance is the amount of additional tax owed or tax overpayment made to a jurisdiction immediately following the due date of any tax reporting period taking into account all prior additional tax owed or overpayments made to a jurisdiction during the audit period. The cumulative net tax balance shall be adjusted immediately following the due date of any subsequent tax reporting period to reflect tax owed or overpayment made for that tax reporting period. A full month’s interest shall accrue for any portion of a month on which tax owed remains unpaid. An overpayment for one jurisdiction shall have no effect on the interest calculation for any other jurisdiction..400 Remittance All interest collected shall be remitted to the appropriate jurisdictions in accordance with IFTA Procedures Manual Section P1000.

13 # 2 64 VIOLATIONS R940 *R940 TAX RETURN FORMAT.100 Forms Tax return forms shall be furnished at no charge to each licensee at least 30 days prior to the due date of the tax return. All tax rates shown on the tax return will be the current jurisdiction tax rate provided notification of a change in tax rates is disseminated by a jurisdiction within the time limits prescribed by P1120. Failure to receive the authorized form does not relieve the licensee from the obligation to submit a tax return.

14 # 2 = 64 VIOLATIONS R940 continued.200 Non Standard Returns A base jurisdiction may authorize a licensee to submit a written or computer generated tax return in lieu of the standard tax return if the return includes all the information required by this Agreement and is in a form acceptable to the base jurisdiction..300 Electronic Return A base jurisdiction may authorize a licensee to submit a tax return electronically, in lieu of the standard tax return, if the return includes all the information required by this Agreement and is in a form acceptable to the base j urisdiction.

15 # 1 87 VIOLATIONS P1040 *P1040 MONTHLY TRANSMITTALS Outgoing Transmittals Each member jurisdiction shall forward transmittal data listings related to tax returns received during each month. Transmittal data listings and related funds must be forwarded monthly in accordance with the transmittal and funding calendar prepared by the Clearinghouse Advisory Committee and approved by the IFTA, Inc. Board of Trustees. The funds and the supporting transmittal data listings may be sent separately. A report of no activity is required for each member jurisdiction if no revenue was collected on its behalf.

16 # 1= 87 VIOLATIONS P1040 continued Incoming Billing Transmittals In the event a transmittal data listing to another jurisdiction results in money being owed the base jurisdiction, the jurisdiction being billed shall remit payment to the base jurisdiction in accordance with the transmittal and funding calendar prepared by the Clearinghouse Advisory Committee and approved by the IFTA, Inc. Board of Trustees. The transmittal data listing shall contain, but not be limited to, the following information:.050 The base jurisdiction's name;.100 The reporting period that the transmittal data listing is for;.150 The account number of each licensee being reported;.200 The total miles or kilometers reported for each licensee for that jurisdiction;

17 # 1 = 87 VIOLATIONS P1040 continued.250 The total taxable miles or kilometers reported for each licensee for that jurisdiction;.300 The reported fleet fuel consumption factor for each licensee;.350 The reported taxable gallons or liters for each licensee for that jurisdiction;.400 The reported tax paid gallons or liters for each licensee for that jurisdiction;.450 The net taxable gallons or liters for each licensee for that jurisdiction;.500 The tax due for each licensee for that jurisdiction;.550 The interest due for each licensee for that jurisdiction;.600 The total due for each licensee for that jurisdiction;.650 The amount deficient from partial payment for each licensee for that jurisdiction; and.700 The summary totals of items Listed in IFTA Procedures Manual Sections P ,P , and P through P

18 SO WHAT DOES THIS MEAN? As you can see we k ee p making the same errors over and over again. So we either change our ways or we change the rules.

19 IN CLOSING…..