If any part of an under reported or late sales or use tax return or payment is due to negligence or a failure to comply with tax laws or regulations and is without intent to defraud, the state may add 10% to the total amount of deficiency or delinquency plus interest on the amount of tax due at the rate of 1% as damages. Previously, 10% was added for the first offense, 15% for the second offense, 25% for the third offense, and 50% for any subsequent offense.
However, if failure to file a return or to remit tax was the result of fraud or the intent to evade making payment, the taxpayer, in addition to the criminal penalty provided in Section 27-7-347, will be liable for an additional 50% of the tax due plus interest at the rate of 1% per month on the amount not paid.
Department of Revenue Documents
The Department is now authorized to release confidential information and documents to a designated person if there is a properly executed power of attorney or other similar authority in place. However, the department retains the right to deny the release of information and documents for good cause.
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