§231-9.9  Filing and payment of taxes byelectronic funds transfer.  (a)  The director of taxation is authorized torequire every person whose tax liability for any one taxable year exceeds$100,000 and who files a tax return for any tax, including consolidated filers,to remit taxes by one of the means of electronic funds transfer approved by thedepartment; provided that for withholding taxes under section 235-62,electronic funds transfers shall apply to annual tax liabilities that exceed$40,000.  Notwithstanding the tax liability thresholds in this subsection, thedirector of taxation is authorized to require any person who is required toelectronically file a federal return or electronically remit any federal taxesto the federal government, to electronically file a state return andelectronically remit any state taxes under title 14 to the department.  Thedirector is authorized to grant an exemption to the electronic filing andpayment requirements for good cause.

(b)  Any person who files a tax return for anytax and is not required by subsection (a) to remit taxes by means of electronicfunds transfer may elect to remit taxes by one of the means of electronic fundstransfer approved by the department with the approval of the director oftaxation.

(c)  If a person who is required undersubsection (a) to file a return electronically or remit taxes by one of themeans of electronic funds transfer approved by the department fails to fileelectronically or to remit the taxes using an approved method on or before thedate prescribed therefor, unless it is shown that the failure is due toreasonable cause and not to neglect, there shall be added to the tax requiredto be so remitted a penalty of two per cent of the amount of the tax.  Thepenalty under this subsection is in addition to any penalty set forth insection 231-39.

(d)  No later than twenty days prior to theconvening of each regular session, the department shall submit a report to thelegislature containing:

(1)  The number of taxpayers who were assessed the twoper cent penalty pursuant to subsection (c);

(2)  The amounts of each assessment; and

(3)  The total amount of assessments collected for theprevious year. [L 1995, c 121, §1; am L 1997, c 177, §§1, 3; am L 2001, c 44,§1; am L 2004, c 113, §2; am L 2009, c 196, §2]

 

Note

 

  The 2009 amendment applies to returns and payments due afterMay 31, 2009.  L 2009, c 196, §8.