(a)Audits. There are no specific applicable provisions
for audits for this chapter.
(b)Interest. Interest at an annual rate equal to the
average prime interest as determined by the state treasurer
during the preceding fiscal year, plus four percent (4%), shall
be added to all delinquent taxes under this chapter. To
determine the average prime interest rate, the state treasurer
shall average the prime interest for at least seventy-five
percent (75%) of the thirty (30) largest banks in the United
States. The interest rate on delinquent taxes shall be adjusted
on January 1 of each year following the year in which the taxes
first became delinquent. In no instance shall the delinquent
interest rate be less than twelve percent (12%) nor greater than
eighteen percent (18%).
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(a) Audits. There are no specific applicable provisions
for audits for this chapter.
(b) Interest. Interest at an annual rate equal to the
average prime interest as determined by the state treasurer
during the preceding fiscal year, plus four percent (4%), shall
be added to all delinquent taxes under this chapter. To
determine the average prime interest rate, the state treasurer
shall average the prime interest for at least seventy-five
percent (75%) of the thirty (30) largest banks in the United
States. The interest rate on delinquent taxes shall be adjusted
on January 1 of each year following the year in which the taxes
first became delinquent. In no instance shall the delinquent
interest rate be less than twelve percent (12%) nor greater than
eighteen percent (18%).
(c) Penalties. The following shall apply:
(i) If any person fails to make or file a return and
remit the tax as required by W.S. 39-23-107, the department
shall impose a penalty of five percent (5%) of the taxes due for
each thirty (30) day period, or fraction thereof, elapsing
between the due date of the return and the date filed, unless
the person for good cause obtains from the department an
extension of time for filing prior to the due date for filing.
In the event of an extension, the person shall pay the interest
due on delinquent payments set forth in subsection (b) of this
section. In no event shall the total penalty imposed by this
subsection exceed twenty-five percent (25%) of the tax due. The
department, for good cause, may waive a penalty imposed for
failure to file a return for any one (1) calendar year, provided
that:
(A) The return was filed within five (5)
business days following the due date, including an approved
extension period; and
(B) The taxpayer requests the waiver in writing
within fifteen (15) days after the return was filed, setting
forth the reasons for the late filing.
(ii) If any part of a tax deficiency is due to the
negligence or intentional disregard of rules and regulations
there shall be added a penalty of five percent (5%) of the
amount of the deficiency plus interest as provided by subsection
(b) of this section. The taxes, penalty and interest shall be
paid by the taxpayer within ten (10) days after receipt of
notice and demand by the department;
(iii) Taxes due together with interest, penalties and
costs shall be collectible by the department by appropriate
judicial proceedings;
(iv) The department may credit or waive penalties
imposed by this section as part of a settlement or for any other
good cause.
(d) Liens. Any delinquent tax is a lien upon the property
of any owner from and after the time the tax is due until the
tax is paid. The tax lien shall have preference over all liens
except any valid mortgage or other liens of record filed or
recorded prior to the date the tax became due.
(e) Tax sales. There are no specific applicable provisions
for tax sales for this chapter.