58.1-1510 - Civil penalties.
§ 58.1-1510. Civil penalties.
When any person fails to make any return or pay the full amount of taxrequired by § 58.1-1502 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 during which the failure tomake any return or pay the full amount of tax continues. Such additionalpenalty 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, may beaccepted exclusive of such penalties but with interest charged at a rateequal to that established pursuant to § 58.1-15.
In the case of a false or fraudulent return, where willful intent exists todefraud this Commonwealth of any tax due under this chapter, or in the caseof willful failure to file a return with the intent to defraud thisCommonwealth of any such tax, a penalty of fifty percent of the amount of theproper tax shall be assessed. It shall be prima facie evidence of intent todefraud this Commonwealth of any tax due under this chapter when anypurchaser or user of an aircraft reports the sale price or current marketvalue of his aircraft, as the case may be, at fifty percent or less of theactual amount. 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 aircraft atfifty percent or less of the actual amount received for such lease, charteror use.
All penalties and interest imposed by this chapter shall be payable by thedealer, purchaser or user of the aircraft and shall be collected by theCommissioner in the 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, §§ 58-685.29:1, 58-685.30; 1974, c. 431; 1975, c. 424; 1977, cc.245, 396; 1984, c. 675; 1991, cc. 316, 331.)