1. a. If any person fails to file a return or corrected return or to pay any tax within the
time required by this chapter or, if upon audit, is found to owe additional tax, the
person is subject to interest of one percent of the tax per month or fraction of a
month of delay except the first month after the return or the tax became due.
b. In addition to the tax and interest prescribed in this chapter, a taxpayer is subject
to penalties as follows:
(1)If any taxpayer, without intent to evade any tax imposed by this chapter, fails
to file a return, on or before the prescribed or extended due date, a penalty
equal to five percent of the tax required to be reported, or five dollars,
whichever is greater, must be added if the failure is for not more than one
month, counting each fraction of a
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1. a. If any person fails to file a return or corrected return or to pay any tax within the
time required by this chapter or, if upon audit, is found to owe additional tax, the
person is subject to interest of one percent of the tax per month or fraction of a
month of delay except the first month after the return or the tax became due.
b. In addition to the tax and interest prescribed in this chapter, a taxpayer is subject
to penalties as follows:
(1) If any taxpayer, without intent to evade any tax imposed by this chapter, fails
to file a return, on or before the prescribed or extended due date, a penalty
equal to five percent of the tax required to be reported, or five dollars,
whichever is greater, must be added if the failure is for not more than one
month, counting each fraction of a month as an entire month, with an
additional five percent for each additional month or fraction of a month
during which the failure continues, not exceeding twenty-five percent in the
aggregate.
(2) If any taxpayer, without intent to evade any tax imposed by this chapter, fails
to pay the amount shown as tax due on any return, filed on or before the
prescribed or extended due date, a penalty of five percent of the tax due, or
five dollars, whichever is greater, must be added to the tax.
(3) If upon audit of a taxpayer's return an additional tax is found to be due,
penalty as prescribed in subdivision a or b must be added to the tax.
(4) The commissioner, if satisfied that the delay was excusable, may waive, and
if paid, refund all or any part of the penalty and interest. The penalty and
interest must be paid to the commissioner and disposed of in the same
manner as other receipts under this chapter. Unpaid penalties and interest
may be enforced in the same manner as the tax imposed by this chapter.
2. Any person who sells tangible personal property, tickets or admissions to places of
amusement, and athletic events, or steam, gas, and communication service at retail in
this state after that person's permit shall have been revoked, or without procuring a
permit as provided in section 57-39.2-14, or who violates section 57-39.2-09, and the
officers of any corporation or the managers of any limited liability company who so
acts, is guilty of a class A misdemeanor.
3. Repealed by S.L. 1975, ch. 106, § 673.
4. The certificate of the commissioner 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 chapter, shall be prima facie evidence thereof.
5. Any person failing to comply with any of the provisions of this chapter, or failing to
remit within the time herein provided to the state the tax due on any sale or purchase
of tangible personal property subject to said sales tax, shall be guilty of a class A
misdemeanor.