Sec. 12-735. Failure to pay tax or make return. Penalty. Waiver of penalties. Penalty for failure to file statement of payment to another person.
Sec. 12-735. Failure to pay tax or make return. Penalty. Waiver of penalties.
Penalty for failure to file statement of payment to another person. (a) If any person
fails to pay the amount of tax reported to be due on his return within the time specified
under the provisions of this chapter there shall be imposed a penalty equal to ten per
cent of such amount due and unpaid. Such amount 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.
(b) If any person has not made a return within three months 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 according to the form
prescribed. The making of a return by the commissioner pursuant to the authority conferred under this section shall not constitute the filing of a return by such person for
purposes of subsection (c) of section 12-733 or subsection (a) of section 12-737. To the
tax imposed upon the basis of such return, there shall be added 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 until
the date of payment. No taxpayer shall be subject to a penalty under both subsections
(a) and (b) of this section in relation to the same tax period.
(c) 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.
(d) In case of each failure to file a statement of payment to another person required
under the authority of this chapter, including the duplicate statement of tax withheld on
wages on the date prescribed therefor, determined with regard to any extension of time
for filing, unless it is shown that such failure is due to a reasonable cause and not to
wilful neglect, there shall be paid upon notice and demand by the commissioner by the
person so failing to file the statement, a penalty of five dollars for each statement not
so filed, but the total amount imposed on the delinquent person for all such failures
during any calendar year shall not exceed two thousand dollars.
(June Sp. Sess. P.A. 91-3, S. 86, 168; May Sp. Sess. P.A. 92-17, S. 16, 59; May Sp. Sess. P.A. 94-4, S. 66, 85; P.A.
95-26, S. 44, 52; 95-160, S. 64, 69; P.A. 00-174, S. 45, 83.)
History: June Sp. Sess. P.A. 91-3, S. 86, effective August 22, 1991, and applicable to taxable years of taxpayers
commencing on or after January 1, 1991; May Sp. Sess. P.A. 92-17 amended Subsec. (b) to impose a $50 minimum penalty,
effective June 19, 1992, and applicable to taxable years of taxpayers commencing on or after January 1, 1992; May Sp.
Sess. P.A. 94-4 amended Subsec. (b) to reduce interest rate from 1.25% to 1% and to provide that interest may only be
applied on the tax rather than on tax and penalty, effective July 1, 1995, and applicable to taxes due and owing on or after
said date; P.A. 95-26 amended Subsec. (a) to lower interest rate from 1.25% to 1%, effective July 1, 1995, and applicable
to taxes due and owing on or after July 1, 1995, whether or not those taxes first became due before said date; P.A. 95-160
revised effective date of May Sp. Sess. P.A. 94-4 but without affecting this section; P.A. 00-174 amended Subsec. (b) to
provide that commissioner's making of a return under this section shall not constitute a filing under Sec. 12-733(c) or 12-737(a), effective May 26, 2000, and applicable to returns for taxable years commencing on or after January 1, 1999.