26-35a-105. Penalties and interest.
(1) The penalty for failure to file a return or pay the assessment due within the time
prescribed by this chapter is the greater of $50, or 1% of the assessment due on the return.
(2) For failure to pay within 30 days of a notice of deficiency of assessment required to
be paid, the penalty is the greater of $50 or 5% of the assessment due.
(3) The penalty for underpayment of the assessment is as follows:
(a) If any underpayment of assessment is due to negligence, the penalty is 25% of the
underpayment.
(b) If the underpayment of the assessment is due to intentional disregard of law or rule,
the penalty is 50% of the underpayment.
(4) For intent to evade the assessment, the penalty is 100% of the underpayment.
(5) The rate of interest applicable to an underpayment of an assessment under this
chapter or an unpaid penalty under this chapter is 12% annually.
(6) The department may waive the imposition of a penalty for good cause.
Enacted by Chapter 284, 2004 General Session
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Last revised: Wednesday, October 08, 2008