§ 423.40 — Penalties — offenses — limitation

Iowa § 423.40

• Jurisdiction: Iowa
• Title X: FINANCIAL RESOURCES
• Ch. 423: STREAMLINED SALES AND USE TAX ACT

Text

1. In addition to the sales or use tax or additional sales or use tax, the taxpayer shall pay
a penalty as provided in section 421.27. The taxpayer shall also pay interest on the sales or
use tax or additional sales or use tax at the rate in effect under section 421.7 for each month
counting each fraction of a month as an entire month, computed from the date the return was
required to be filed. The penalty and interest shall be paid to the department and disposed of
in the same manner as other receipts under this subchapter. Unpaid penalties and interest
may be enforced in the same manner as the taxes imposed by this chapter.
2. a. Any person who knowingly sells tangible personal property, specified digital
products, tickets or admissions to places of amusement and athletic events, or gas, water,
electricity, or communication service at retail, or engages in the furnishing of services
enumerated in section 423.2, in this state without procuring a permit to collect tax, as
provided in section 423.36, or who violates section 423.24 and the officers of any corporation
who so act are guilty of a serious misdemeanor.
b. A person who knowingly sells tangible personal property, specified digital products,
tickets or admissions to places of amusement and athletic events, or gas, water, electricity,
or communication service at retail, or engages in the furnishing of services enumerated in
section 423.2, in this state after the person’s sales or use tax permit has been revoked and
before it has been restored as provided in section 423.36, subsection 6, and the officers of any
corporation who so act are guilty of an aggravated misdemeanor.
3. Apersonwhowillfullyattemptsinanymannertoevadeanytaximposedbythischapter
or the payment of the tax or a person who makes or causes to be made a false or fraudulent
return with intent to evade any tax imposed by subchapter II or III or the payment of the tax
is guilty of a class “D” felony.
4. The certificate of the director to the effect that a tax has not been paid, that a return
has not been filed, or that information has not been supplied pursuant to the provisions of
this subchapter shall be prima facie evidence thereof.
5. A person required to pay sales or use tax, or to make, sign, or file a return or
supplemental return, who willfully makes a false or fraudulent return, or willfully fails to
pay at least ninety percent of the tax or willfully fails to make, sign, or file the return, at the
time required by law, is guilty of a fraudulent practice.
6. A prosecution for an offense specified in this section shall be commenced within six
years after its commission.