§ 44-19-23 — § 44-19-23. Collection powers — Surety bond to pay.

§ 44-19-23. Collection powers — Surety bond to pay.

(a) The tax administrator has for the collection of the taxes imposed by chapter 18 of this title the same powers prescribed for the collection of taxes in §§ 44-1-4 — 44-1-15 and chapters 7 — 9 of this title. The tax administrator may require any person subject to the taxes imposed by chapter 18 of this title to file with the administrator a bond, issued by a surety company authorized to transact business in this state, in an amount the tax administrator may fix, to secure the payment of the taxes, penalties, and interest due or which may become due from that person.

(b)(1) The tax administrator may require the vendor to deposit with the general treasurer a bond by way of cash or other security satisfactory to the tax administrator in an amount to be determined by the tax administrator, but not greater than an amount equal to double the amount of the estimated tax that would normally be collected by the vendor each month under this chapter, but in no case shall the deposit be less than one hundred dollars ($100).

(2) Where a vendor who has deposited a bond with the general treasurer under subdivision (1) of this subsection has failed to collect or remit tax in accordance with this chapter, the tax administrator may, upon giving written notice to the vendor by registered mail or personal service, apply the bond in whole or in part to the amount that should have been collected, remitted, or paid by the vendor.

Legislative History

P.L. 1947, ch. 1887, art. 2, § 45; G.L. 1956, § 44-19-22; P.L. 1973, ch. 263, art. 4, § 2; P.L. 1974, ch. 229, § 1.