A. Original delinquency. Any operator who has not been
granted an extension of time for remittance of tax due and who fails to remit
any tax imposed by this Chapter prior to delinquency shall pay a penalty of 10
percent of the amount of the tax due in addition to the amount of the tax.
B. Continued delinquency. Any operator who has not been
granted an extension of time for remittance of tax due, and who failed to pay
any delinquent remittance on or before a period of 30 days following the date on
which the remittance first became delinquent shall pay a second delinquency
penalty of 15 percent of the amount of the tax due plus the amount of the 10
percent penalty first imposed.
C. Fraud. If the Bureau determines that the nonpayment of
any remittance due under this Chapter is due to fraud or intent to evade the
provisions thereof, a penalty of 25 percent of the amount of the tax shall be
added thereto in addition to the penalties stated in paragraphs A and B of this
Section.
D. Interest. In addition to the penalties imposed, any
operator who fails to remit any tax imposed by this Chapter shall pay interest
at the rate of 1 percent per month or fraction thereof without proration for
portions of a month, on the amount of the tax due from the date on which the
remittance first became delinquent until paid. Interest shall be
compounded monthly.
E. Penalties and interest merged with tax. Every penalty
imposed and such interest as accrues under the provisions of this Section shall
be merged with and become a part of the tax herein required to be paid. If
delinquency continues, requiring additional penalty and interest calculations,
previously assessed penalty and interest are added to the tax due. This
amount becomes the new base for calculating new penalty and interest
amounts.
F. Petition for waiver. Any operator who fails to remit
the tax herein levied within the time herein stated shall pay the penalties
herein stated, provided, however, the operator may petition the Bureau Director
for waiver and refund of the penalty or any portion thereof and the Bureau
Director may, if a good and sufficient reason is shown, waive and direct a
refund of the penalty or any portion thereof.
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