§ 36 §187-B — Penalties

1.
Failure to file return.
A person who fails to make and file any return required under this Title at or before the time the return becomes due is liable for one of the following penalties if the person's tax liability shown on that return or otherwise determined to be due is greater than $25.
1-A.
Failure to file information return.
2.
Failure to pay.
The following penalties apply.
3.
Negligence; fraud.
3-A.
Negligence; fraud.
A person who files a return under this Title that results in an underpayment of tax, any portion of which is attributable to negligence or intentional disregard of this Title or rules adopted pursuant to this Title, but is not attributable to fraud with intent to evade the tax, is liable for a penalty in the amount of $25 or 25% of that portion of the underpayment, whichever is greater. A person who files a return under this Title that results in an underpayment of tax, any portion of which is attributable to fraud with intent to evade the tax, is liable for a penalty in the amount of $75 or 75% of that portion of the underpayment, whichever is greater. For the purposes of this section, "negligence" means any failure to make a reasonable attempt to comply with the provisions of this Title.
4.
Substantial understatement.
4-A.
Substantial understatement.
A person who files a return under this Title that results in an underpayment of tax, any portion of which is attributable to a substantial understatement of tax, without negligence or intentional disregard of this Title or rules adopted pursuant to this Title and without fraud with intent to evade the tax, is liable for a penalty of $5 or 1% of that portion of the underpayment, whichever is greater, for each month or fraction of a month during which the failure to pay that portion of the underpayment continues, up to a maximum in the aggregate of $25 or 25% of the underpayment, whichever is greater.
4-B.
Excessive refund.
A person who files a claim for refund or reimbursement under Part 5 that is the basis for the receipt of a refund or reimbursement that substantially exceeds the amount to which the person is legally entitled is liable for a penalty of $5 or 1% of the excess amount, whichever is greater, for each month or fraction of a month during which the failure to repay that portion of the refund or reimbursement continues, to a maximum in the aggregate of $25 or 25% of the overpayment, whichever is greater. For purposes of this subsection, a refund or reimbursement substantially exceeds the amount to which the person is legally entitled if the amount of the refund or reimbursement exceeds the amount to which the person is legally entitled by more than 10% of the corrected amount or $1,000, whichever is greater. For purposes of this subsection, the amount by which a refund or reimbursement exceeds the amount to which the person is legally entitled and the excess amount that is subject to penalty under this subsection must be reduced by any portion of the excessive claim for which the person has substantial authority supporting its position.
5.
Insufficient funds.
Any person who makes payment of an amount due under this Title by means of a check or electronic funds transfer that is returned unpaid by the bank on which it is drawn because of insufficient funds or the closing or nonexistence of the account on which it is drawn is liable for a penalty of $20 or 1% of the payment amount, whichever is greater.
5-A.
Electronic funds transfers.
Any person required by the assessor to remit taxes by electronic funds transfer that fails to remit electronically is liable for a penalty of the lesser of 5% of the tax due or $5,000. For purposes of this section, a person fails to remit electronically when:
5-B.
Electronic data submission.
Any person required by the State Tax Assessor to file returns by electronic data submission that fails to file electronically is liable for a penalty of $50. For purposes of this subsection, a person fails to file electronically when:
6.
Penalties not exclusive.
Each penalty provided under this section is in addition to any interest and other penalties provided under this section and other law, except as otherwise provided in this section. Interest may not accrue on the penalty. This section does not apply to any filing or payment responsibility pursuant to Part 2 except that this section does apply to a filing or payment responsibility pursuant to the state telecommunications excise tax imposed under section 457. The penalties imposed under subsections 1 and 2 accrue automatically, without being assessed by the State Tax Assessor. Each penalty imposed under this section is recoverable by the assessor in the same manner as if it were a tax assessed under this Title.
7.
Reasonable cause.
The assessor shall waive or abate or, in the case of those penalties that do not accrue automatically under subsection 6, refrain from imposing any penalty imposed by subsection 1, 2, 4‑A, 4‑B, 5‑A or 5‑B or by the terms of the International Fuel Tax Agreement if grounds constituting reasonable cause are established by the taxpayer or if the assessor determines that grounds constituting reasonable cause are otherwise apparent. Reasonable cause includes, but is not limited to, the following circumstances:
For purposes of this section, the term "person" includes an individual, corporation or partnership or any officer or employee of a corporation, including a dissolved corporation, or a member or employee of a partnership who, as the officer, employee or member, is under a duty to perform the act in respect of which a violation occurs.

Legislative History

PL 1991, c. 873, §5 (NEW). PL 1991, c. 873, §§6, 7 (AMD). PL 1991, c. 873, §§8, 9 (AFF). PL 1993, c. 395, §6 (AMD). PL 1995, c. 281, §§8, 9 (AMD). PL 1995, c. 395, §K1 (AMD). PL 1995, c. 639, §5 (AMD). PL 1995, c. 657, §7 (AMD). PL 1995, c. 657, §10 (AFF). PL 1997, c. 526, §14 (AMD). PL 1997, c. 668, §§14-16 (AMD). PL 1999, c. 414, §10 (AMD). PL 1999, c. 521, §§A2, 3 (AMD). PL 1999, c. 708, §§10-13 (AMD). PL 2001, c. 396, §§8-10 (AMD). PL 2005, c. 332, §§4, 5 (AMD). PL 2005, c. 332, §30 (AFF). PL 2007, c. 437, §§3-5 (AMD). PL 2007, c. 437, §22 (AFF). PL 2007, c. 438, §9 (AMD). PL 2007, c. 627, §§6-8 (AMD). PL 2007, c. 693, §6 (AMD). PL 2011, c. 380, Pt. K, §1 (AMD). PL 2011, c. 380, Pt. K, §2 (AFF). PL 2011, c. 380, Pt. L, §1 (AMD). PL 2011, c. 644, §§2-4 (AMD). PL 2011, c. 644, §33 (AFF). PL 2011, c. 655, Pt. QQ, §§2, 3 (AMD). PL 2011, c. 655, Pt. QQ, §8 (AFF). PL 2013, c. 331, Pt. C, §7 (AMD). PL 2013, c. 424, Pt. A, §22 (AMD).