Title 48, Chapter 8, Section 51
( 48-8-51)
(a)(1) The commissioner may, for good cause, extend the time for
making any returns required under this article for not more than
30 days. (2) No extension granted pursuant to paragraph (1) of this
subsection shall be valid unless granted in writing upon written
application and only for a period, as appropriate, of not more
than 12 consecutive months or four consecutive calendar quarters. (3) Upon the grant of any extension authorized by this subsection,
the dealer shall remit to the commissioner on or before the date
the tax would otherwise become due without the grant of the
extension an amount which equals not less than 100 percent of the
dealer's payment for the corresponding period of the preceding tax
year. (4) No interest shall be charged by reason of the granting of an extension pursuant to this subsection during the first ten days of each extension period. Thereafter, interest shall be collected upon the unpaid balance of the dealer's liability at the rate specified in Code Section 48-2-40. (5) This subsection shall apply to all extensions granted pursuant
to this subsection on or after July 1, 1980, and to all extensions
granted pursuant to this subsection and in effect on July 1, 1980. (b) In the event any dealer fails to make a return and pay the tax
as provided by this article or makes a grossly incorrect return or a
return that is false or fraudulent, the commissioner shall make an
estimate for the taxable period of retail sales of the dealer and
the gross proceeds from rentals or leases of tangible personal
property by the dealer and shall estimate the cost price of all
articles of tangible personal property imported by the dealer for
use, consumption, distribution, or storage for use or consumption in
this state. Based upon his estimate, the commissioner shall assess
and collect the tax, interest, and penalty, as accrued, on the basis
of the assessments. The commissioner's assessments shall be
considered prima facie correct and the burden to show the contrary
shall rest upon the dealer. |