58.1-2411 - Civil penalties upon failure to make return, pay tax, etc.
§ 58.1-2411. Civil penalties upon failure to make return, pay tax, etc.
When any person fails to make any return and pay the full amount of the taxrequired by this chapter, there shall be imposed, in addition to otherpenalties provided herein, a penalty to be added to the tax in the amount often percent or ten dollars, whichever is greater; however, if the failure isdue to providential or other good cause, shown to the satisfaction of theCommissioner, the return, with remittance, may be accepted exclusive ofpenalties. The ten-dollar minimum penalty levied herein shall be applied onlyin cases where the return or payment of tax is not received within the timeprescribed in this chapter and shall not be considered for audit purposes.
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 ofa willful failure to file a return with the intent to defraud theCommonwealth of any such tax, a specific penalty of fifty percent of theamount of the proper tax shall be assessed. It shall be prima facie evidenceof intent to defraud the Commonwealth of any tax due under this chapter whenany person reports the sale price or gross proceeds from the rental of amotor vehicle at fifty percent or less of the actual amount. All penaltiesand interest imposed by this chapter shall be payable by the rentor andcollectible by the Commissioner in the same manner as if they were a part ofthe tax imposed.
Interest at the rate of one and one-half of one percent per month, or afraction thereof, shall accrue on both tax and penalty until paid.
(Code 1950, § 58-685.17:2; 1974, c. 477; 1982, c. 141; 1984, c. 675.)