Title 48, Chapter 9, Section 16
( 48-9-16)
(a) When any distributor or other person required to file a report
as provided by this article fails to file the report within the time
prescribed, he shall be subject to a penalty of $50.00 for each such
failure. (b) When any distributor fails to pay the tax or any part of the tax due under paragraph (1) of subsection (a) of Code Section 48-9-3, he shall be subject to a penalty of 10 percent of the amount of unpaid taxes due. (c) In the case of a false or fraudulent return or of a failure to
file a return, a specific penalty of 50 percent of the tax due shall
be assessed. (d) When any distributor fails to pay the tax or any part of the tax due under paragraph (1) of subsection (a) of Code Section 48-9-3, he shall pay interest on the unpaid tax at the rate specified in Code Section 48-2-40 from the time the tax became due until paid. (e) When any person: (1) Sells or delivers any dyed fuel oil when such person knows or
has reason to know that the fuel will be consumed in a highway
use; or (2) Consumes any dyed fuel oil for a highway use when such
consumer knows or has reason to know that the fuel oil was dyed. Such person shall be subject to a penalty of $1,000.00 or $10.00 per
gallon of dyed fuel oil involved in such sale, delivery, or
consumption, whichever amount is greater, and such amount shall be
multiplied by the number of prior penalties imposed on such violator
under this subsection and the resulting product shall be the penalty
to be imposed. (f) When any person sells or delivers any dyed fuel oil without the notices required under paragraph (5) of subsection (c) of Code Section 48-9-8, such person shall be subject to a penalty which shall be the greater of the following: (1) One hundred dollars per month for each month or part of a
month in which such sale or delivery occurred; or (2) One dollar per gallon of dyed fuel oil involved in such sale
or delivery. Upon a showing of no highway use and reasonable cause, at the
commissioner's discretion the penalty under this subsection may be
reduced to 10 percent of the amount which ordinarily would have
been due or payment of the tax may be accepted in lieu of such
penalty. |