§251-4  Return and payments; penalties. (a)  On or before the last day of each calendar month, every person taxableunder this chapter during the preceding calendar month shall file a swornreturn with the director in such form as the director shall prescribe togetherwith a remittance for the amount of the surcharge tax in the form required bysection 251-5.  Sections 237-30 and 237-32 shall apply to returns andpenalties made under this chapter to the same extent as if the sections wereset forth specifically in this section.

(b)  Notwithstanding subsection (a), thedirector, for good cause, may permit a person to file the person's returnrequired under this section and make payments thereon:

(1)  On a quarterly basis during the calendar orfiscal year, the return and payment to be made on or before the last day of thecalendar month after the close of each quarter, to wit:  for calendar yeartaxpayers, on or before April 30, July 31, October 31, and January 31 or, forfiscal year taxpayers, on or before the last day of the fourth month, seventhmonth, and tenth month following the beginning of the fiscal year and on orbefore the last day of the month following the close of the fiscal year;provided that the director is satisfied that the grant of the permit will notunduly jeopardize the collection of the surcharge taxes due thereon and thatthe person's total surcharge tax liability for the calendar or fiscal yearunder this chapter will not exceed $4,000; or

(2)  On a semiannual basis during the calendar orfiscal year, the return and payment to be made by or before the last day of thecalendar month after the close of each six-month period, to wit:  for calendaryear taxpayers, on July 31 and January 31 or, for fiscal year taxpayers, on orbefore the last day of the seventh month following the beginning of the fiscalyear and on or before the last day of the month following the close of thefiscal year; provided that the director is satisfied that the grant of thepermit will not unduly jeopardize the collection of the surcharge taxes duethereon and that the person's total surcharge tax liability for the calendar orfiscal year under this chapter will not exceed $2,000.

The director, for good cause, may permit aperson to make monthly payments based on the person's estimated quarterly orsemiannual liability; provided that the person files a reconciliation return atthe end of each quarter or at the end of each six-month period during thecalendar or fiscal year, as provided in this section.

(c)  If a person filing the return on aquarterly or semiannual basis, as provided in this section, becomes delinquentin either the filing of the return or the payment of the surcharge taxes duethereon, or if the liability of a person, who possesses a permit to file thereturn and to make payments on a semiannual basis exceeds $2,000 in surchargetaxes during the calendar year or exceeds $4,000 in surcharge taxes during thecalendar year if making payments on a quarterly basis, or if the directordetermines that any such quarterly or semiannual filing of return would undulyjeopardize the proper administration of this chapter, including the assessmentor collection of the surcharge tax, the director, at any time, may revoke aperson's permit, in which case the person then shall be required to file theperson's return and make payments thereon as provided in subsection (a).

(d)  Section 232-2 does not apply to a monthly,quarterly, or semiannual return. [L 1991, c 263, pt of §1; am L 1993, c 39, §4;am L Sp 2001 3d, c 8, §5]