58.1-1408 - Civil penalties and interest.
§ 58.1-1408. Civil penalties and interest.
When any person fails to make any return or pay the full amount of taxrequired by § 58.1-1402 within thirty days of the required filing and paymentdate, there shall be imposed, in addition to other penalties provided herein,a penalty to be added to the tax in the amount of six percent of the unpaidtax. An additional six percent of the tax due shall be charged for eachadditional thirty-day period, or fraction thereof, after sixty days, duringwhich the failure to make any return or pay the full amount of tax continues. Such additional penalty shall not exceed thirty percent in the aggregate.
If any such failure is due to providential or other good cause, shown to thesatisfaction of the Commissioner, the return, with remittance, shall beaccepted exclusive of such penalties, but with interest determined inaccordance with § 58.1-15.
In the case of a false or fraudulent return, where willful intent exists todefraud the Commonwealth of any tax due under this chapter, or in the case ofwillful failure to file a return with the intent to defraud the Commonwealthof any such tax, a penalty of fifty percent of the amount of the proper taxshall be assessed. It shall be prima facie evidence of intent to defraud theCommonwealth of any tax due under this chapter when any purchaser or user ofa watercraft reports the sale price or current market value of hiswatercraft, as the case may be, at fifty percent or less of the actualamount. It shall also be prima facie evidence of intent to defraud theCommonwealth of any tax due under this chapter when any dealer reports thegross receipts collected from the lease, charter or other use of watercraftat fifty percent or less of the actual amount received for such lease,charter or use.
All penalties and interest imposed by this chapter shall be payable by thepurchaser or user of the watercraft and collectible by the Commissioner inthe same manner as if they were a part of the tax imposed.
Interest, at a rate determined in accordance with § 58.1-15, on the unpaidamount of the tax from the day after the last day for timely filing andpayment of the tax shall accrue until the same is paid.
(Code 1950, §§ 58-685.42, 58-685.44; 1981, c. 405; 1984, c. 675; 1991, cc.316, 331.)