15 Alaska Admin. Code § 05.310

Current through September 25, 2024
Section 15 AAC 05.310 - Payment
(a) A payment in an amount less than the amounts prescribed in (b)(1) and (2) of this section may be made by check in the manner prescribed in (c) of this section, by wire transfer or ACH credit transaction in the manner prescribed in (e) of this section, by an ACH debit transaction in the manner prescribed in (i) of this section, or by another method as approved by the commissioner.
(b) A payment in an amount equal to or greater than the following amounts shall be made by wire transfer or ACH credit transaction in the manner prescribed in (e) of this section, by an ACH debit transaction in the manner prescribed in (i) of this section, or by another method as approved by the commissioner:
(1) $100,000 if for a return or report required to be filed on a monthly or quarterly basis;
(2) $150,000 if for a return or report required to be filed on a yearly basis.
(c) For payment of a tax under AS 43, if payment is made by check, the taxpayer shall mail the check, together with the required tax return or report, to the following address or to another address designated by the department: Alaska Department of Revenue, P.O. Box 110420, Juneau, Alaska 99811-0420. A payment made by check or a return not requiring a payment will be considered timely if it is postmarked on or before the date the payment is due.
(d) Repealed 2/21/2014.
(e) A payment by direct wire transfer or ACH credit transaction shall be made in accordance with the following procedures:
(1) the taxpayer shall notify the Alaska Department of Revenue, Treasury Division, by electronic mail of the dollar amount of the payment and any identification information that the department requires of or assigns to the taxpayer on the business day before the wire transfer or ACH credit transaction settles in the State of Alaska bank account;
(2) the taxpayer shall obtain sufficient collected funds to cover the payment and shall instruct the commercial bank holding the funds to initiate the transfer of funds in the amount of payment, either by wire transfer or ACH credit transaction to the credit of the State of Alaska account as designated by the Treasury Division of the Alaska Department of Revenue;
(3) the taxpayer shall make the payment in one lump sum from one bank and shall designate the type of tax payment along with the wire transfer or ACH credit transaction;
(4) a payment made by wire transfer or ACH credit transaction is timely if the department receives it on or before the due date.
(f) In this section, "payment" means the total amount due or estimated to be due by the taxpayer under any provision of AS 43, including taxes, interest and penalty, and for the purpose of taxes due under AS 43.55 and AS 43.56, includes the total amount due for all interests on whose behalf the taxpayer is reporting and paying tax. For example, the $100,000 threshold in (b)(1) of this section is reached if this total figure equals or exceeds $100,000 even though none of the taxes nor the penalty may be $100,000 individually.
(g) This section applies to payments due on or after September 1, 1982.
(h) When the last day for performing any act under any provision of AS 43 falls on a Saturday, Sunday, or a legal holiday, the performance of that act is considered timely if it is performed on the next succeeding day that is not a Saturday, Sunday, or legal holiday. "Legal Holiday" means a legal holiday in this state or a bank holiday observed by the Federal Reserve System.
(i) A payment made by an ACH debit transaction must be made through the department's online services system. A payment made by an ACH debit transaction is timely if the taxpayer completes the payment on or before the date the payment is due.
(j) Unless otherwise instructed by the taxpayer, the department will apply payments to the earliest unpaid and collectible liability owed and due as of the payment availability date. Payments will be applied in the following order:
(1) first, to tax;
(2) second, to interest;
(3) third, to penalties and fees.
(k) For purposes of this section,
(1) "ACH credit transaction" and "ACH debit transaction" mean an electronic transaction by means of the Automated Clearing House (ACH) network for the interbank clearing of electronic payments for participating depository financial institution;
(2) "wire transfer" means an electronic transaction of a payment through the Federal Reserve System's wire transfer system to the credit of the State of Alaska bank account.

15 AAC 05.310

Eff. 9/15/82, Register 83; am 6/1/84, Register 91; am 3/9/90, Register 113; am 2/21/2014, Register 209, April 2014; am 2/28/2024, Register 249, April 2024

The Department of Revenue's bank wire instructions under 15 AAC 05.310(e) (2) are subject to change. For current instructions, contact the Cash Management Section of the department's Treasury Division by facsimile/telecopy (907-465-4019) or telephone (907-465-2360).

Authority:AS 43.05.080

AS 43.05.250