49-1035. Interest; penalty; lien
(Conditionally Rpld.)
A. If the tax, or any portion of the tax, is not paid on or before the date
prescribed for its payment, the director shall collect, as part of the tax, interest on
the unpaid amount at the rate determined pursuant to section 42-1123 from the date
prescribed for payment until the full amount is paid.
B. If a taxpayer fails to make and file a return as required under this article on
or before the due date as extended by the director, unless the failure is due to
reasonable cause and not due to wilful neglect, a penalty of five per cent of the tax
found to be remaining due shall be added to the tax for each month or fraction of a month
elapsing between the due date of the return and the date on which it is filed. The total
penalty shall not exceed twenty-five per cent of the tax remaining due. The penalty so
added to the tax is due and payable on notice and demand by the director.
C. If any tax, interest or penalty imposed by this article is not paid when due,
the unpaid amounts are a lien from the date the amounts became due on all real and
personal property and rights to property belonging to the taxpayer. The lien may be
perfected by recording a notice of lien in the county in which the property is
located. The notice shall specify the nature of the tax, the amount of tax, interest and
penalty due, the taxable period for which the amounts are due and the name and last known
address of the taxpayer who is liable for the amounts.
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