Sec. 12-488. Failure to file report or pay tax. Collection procedure and state lien against real estate as security for tax.
Sec. 12-488. Failure to file report or pay tax. Collection procedure and state
lien against real estate as security for tax. (a) If any motor carrier fails to pay tax
reported to be due on its report within the time specified under the provisions of this
chapter, there shall be imposed a penalty of ten per cent of such amount of tax due and
unpaid, or fifty dollars, whichever is greater. The tax shall bear interest at the rate of
one per cent per month or fraction thereof, from the due date of such tax until the date
of payment. If no return has been filed within one month after the time specified under
the provisions of this chapter, the commissioner may make such return at any time
thereafter, according to the best information obtainable and the form prescribed. There
shall be added to the tax imposed upon the basis of such return, an amount equal to ten
per cent of such tax, or fifty dollars, whichever is greater. The tax shall bear interest at
the rate of one per cent per month or fraction thereof, from the due date of such tax to
the date of payment. Subject to the provisions of section 12-3a, the commissioner may
waive all or part of the penalties provided under this chapter when it is proven to his
satisfaction that the failure to pay any tax was due to reasonable cause and was not
intentional or due to neglect.
(b) The amount of any tax, penalty or interest due and unpaid under the provisions
of this chapter may be collected under the provisions of section 12-35. The warrant
therein provided for shall be signed by the commissioner or his authorized agent. The
amount of any such tax, penalty and interest shall be a lien, from the last day of the
calendar quarter next preceding the due date of such tax until discharged by payment,
against all real estate of the taxpayer within the state, and a certificate of such lien signed
by the commissioner may be filed for record in the office of the clerk of any town in
which such real estate is situated, provided no such lien shall be effective as against any
bona fide purchaser or qualified encumbrancer of any interest in any such property.
When any tax with respect to which a lien has been recorded under the provisions of
this section has been satisfied, the commissioner, upon request of any interested party,
shall issue a certificate discharging such lien, which certificate shall be recorded in the
same office in which the lien is recorded. Any action for the foreclosure of such lien
shall be brought by the Attorney General in the name of the state in the superior court
for the judicial district in which the property subject to such lien is situated, or, if such
property is located in two or more judicial districts, in the superior court for any one
such judicial district, and the court may limit the time for redemption or order the sale
of such property or make such other or further decree as it judges equitable.
(1961, P.A. 575, S. 11; 1967, P.A. 23, S. 4; 1969, P.A. 388, S. 16; P.A. 76-322, S. 17, 27; P.A. 77-614, S. 139, 610;
P.A. 80-307, S. 25, 31; P.A. 81-64, S. 16, 23; 81-411, S. 35, 42; P.A. 82-172, S. 10, 14; P.A. 88-314, S. 40, 54; May Sp.
Sess. P.A. 94-4, S. 61, 85; P.A. 95-160, S. 64, 69.)
History: 1967 act deleted provision for charging interest on penalties and allowed waiver of penalties if failure to fulfill
requirements "due to reasonable cause" rather than if failure "not wilful"; 1969 act increased interest rate from 0.5% to
0.75% per month; P.A. 76-322 increased interest rate to 1%; P.A. 77-614 substituted commissioner of revenue services
for tax commissioner, effective January 1, 1979; P.A. 80-307 temporarily increased interest rate to 1.25% for taxes due
on or after July 1, 1980, but not later than June 30, 1981; P.A. 81-64 amended penalty provisions, including a minimum
penalty of $50 rather than $10, and revised waiver provision to conform with other sections; P.A. 81-411 continued interest
applicable to tax not paid when due at 1.25% per month, effective July 1, 1981, and applicable to taxes becoming due on
or after that date; P.A. 82-172 added Subsec. (b) re collection of tax, re lien against real estate related to overdue taxes and
re lien foreclosure procedure; P.A. 88-314 amended Subsec. (a) by a technical restatement concerning the imposition of
penalty for failure to pay the tax reported to be due within the time specified, effective July 1, 1988, and applicable to any
tax which first becomes due and payable on or after said date, to any return or report due on or after said date, or in the
case of any ongoing obligation imposed in accordance with said act, to the tax period next beginning on or after said date;
May Sp. Sess. P.A. 94-4 in Subsec. (a) reduced interest rate from 1.25% to 1%, provided that such interest may only be
applied on the tax rather than on the tax and any penalty and provided for the commissioner to make a return for a taxpayer
who fails to file a return within one month after the specified due date, effective July 1, 1995, and applicable to taxes due
and owing on or after said date; P.A. 95-160 revised effective date of May Sp. Sess. P.A. 94-4 but without affecting
this section.