§ 40-29-70 — Non-payable Checks, Money Orders, or Electronic Funds

Alabama § 40-29-70

• Jurisdiction: Alabama
• Title 40: Revenue and Taxation
• Ch. 29: Enforcement of Tax Laws
• Art. 4: Additions to Tax and Penalties

Text

If any check, money order, or electronic funds in payment of any amount receivable for payment of taxes under any provision of law is not duly paid, in addition to any other penalties provided by law, there shall be paid as a penalty by the person who tendered such check, money order, or electronic funds, upon notice and demand by the commissioner, or his or her delegate, or other taxing authority, in the same manner as tax, an amount equal to 10 percent of the amount of such check, money order, or electronic funds, except that if the amount of such check, money order, or electronic funds is less than five hundred dollars ($500), the penalty under this section shall be ten dollars ($10) or the amount of such check, money order, or electronic funds, whichever is the lesser. This section shall not apply if the person tendered such check, money order, or electronic funds in good faith and with reasonable cause to believe that it would be duly paid, and settlement is made by the taxpayer within 10 days after notification of receipt of a bad check, money order, or non-payable electronic funds by the department or other taxing authority.

Legislative History

(Acts 1983, 4th Ex. Sess., No. 83-891, p. 128, §21; Act 2017-227, §3.)