§ 44-19-14. Determination without return — Interest and penalties.
If any person fails to make a return, the tax administrator shall make an estimate
of the amount of the gross receipts of the person or, as the case may be, of the amount
of the total sales price of tangible personal property sold or purchased by the person,
the storage, use, or other consumption of which in this state is subject to the use
tax. The estimate shall be made for the month or months in respect to which the person
failed to make a return and is based upon any information, which is in the tax administrator's
possession or may come into his or her possession. Upon the basis
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§ 44-19-14. Determination without return — Interest and penalties.
If any person fails to make a return, the tax administrator shall make an estimate
of the amount of the gross receipts of the person or, as the case may be, of the amount
of the total sales price of tangible personal property sold or purchased by the person,
the storage, use, or other consumption of which in this state is subject to the use
tax. The estimate shall be made for the month or months in respect to which the person
failed to make a return and is based upon any information, which is in the tax administrator's
possession or may come into his or her possession. Upon the basis of this estimate,
the tax administrator computes and determines the amount required to be paid to the
state, adding to the sum arrived at a penalty equal to ten percent (10%) of that amount.
One or more determinations may be made for one or for more than one month. The amount
of the determination, exclusive of penalties, bears interest at the annual rate provided
by § 44-1-7 from the fifteenth (15th) day after the close of the month for which the amount or
any portion of the amount should have been paid until the date of payment. If the
failure of any person to file a return is due to fraud or an intent to evade the provisions
of this chapter and chapter 18 of this title, a penalty of fifty percent (50%) of
the amount required to be paid by the person, exclusive of penalties, is added to
the amount in addition to the ten percent (10%) penalty provided in this section.
After making his or her determination, the tax administrator shall mail a written
notice of the estimate, determination, and penalty.