CHAPTER 7. PENALTIES

IC 6-5.5-7
    Chapter 7. Penalties

IC 6-5.5-7-1
Failure to make payment; underpayments
    Sec. 1. (a) The penalty prescribed by IC 6-8.1-10-2.1(b) shall beassessed by the department on a taxpayer who fails to makepayments as required in IC 6-5.5-6. However, no penalty shall beassessed for a quarterly payment if the payment equals or exceeds:
        (1) twenty percent (20%) of the final tax liability for the taxableyear; or
        (2) twenty-five percent (25%) of the final tax liability for thetaxpayer's previous taxable year.
    (b) The penalty for an underpayment of tax on a quarterly returnshall only be assessed on the difference between the actual amountpaid by the taxpayer on the quarterly return and the lesser of:
        (1) twenty percent (20%) of the taxpayer's final tax liability forthe taxable year; or
        (2) twenty-five percent (25%) of the taxpayer's final tax liabilityfor the taxpayer's previous taxable year.
As added by P.L.347-1989(ss), SEC.1. Amended by P.L.1-1991,SEC.55.

IC 6-5.5-7-2
Violation of article; violation of preparing or filing return
    Sec. 2. A taxpayer who:
        (1) violates IC 6-5.5; or
        (2) fails to comply with the request of the department madeunder IC 6-5.5-6;
commits a Class C infraction.
As added by P.L.347-1989(ss), SEC.1.

IC 6-5.5-7-3
False entries in books; multiple books; failure to make return; falsereturns
    Sec. 3. A taxpayer who:
        (1) makes false entries in the taxpayer's books;
        (2) keeps more than one (1) set of books;
        (3) fails to make a return required to be made under thischapter; or
        (4) makes a false return or false statement in a return;
with intent to defraud the state or to evade the payment of a taximposed under this article commits a Class D felony.
As added by P.L.347-1989(ss), SEC.1.

IC 6-5.5-7-4
Failure to permit examination of books, records, or property;refusal to testify or produce records
    Sec. 4. A person who knowingly:
        (1) fails to permit the examination of any book, paper, account,

record, or other data by the department or its authorized agents;
        (2) fails to permit the inspection or appraisal of any property bythe department or its authorized agents; or
        (3) refuses to offer testimony or produce a record;
required under this article commits a Class D felony.
As added by P.L.347-1989(ss), SEC.1.

IC 6-5.5-7-5
Concurrent jurisdiction of attorney general
    Sec. 5. The attorney general has concurrent jurisdiction withprosecuting attorneys in instituting and prosecuting actions undersections 2 through 4 of this chapter.
As added by P.L.347-1989(ss), SEC.1.