§ 58.1-635. Failure to file return; fraudulent return; civil penalties.
A. When any dealer fails to make any return and pay the full amount of thetax required by this chapter, there shall be imposed, in addition to otherpenalties provided herein, a specific penalty to be added to the tax in theamount of six percent if the failure is for not more than one month, with anadditional six percent for each additional month, or fraction thereof, duringwhich the failure continues, not to exceed thirty percent in the aggregate.In no case, however, shall the penalty be less than ten dollars and suchminimum penalty shall apply whether or not any tax is due for the period forwhich such return was required. If such failure is due to providential orother good cause shown to the satisfaction of the Tax Commissioner, suchreturn with or without remittance may be accepted exclusive of penalties. Inthe 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. All penalties and interestimposed by this chapter shall be payable by the dealer and collectible by theTax Commissioner in the same manner as if they were a part of the tax imposed.
B. It shall be prima facie evidence of intent to defraud the Commonwealth ofany tax due under this chapter when any dealer reports his gross sales, grossproceeds or cost price, as the case may be, at fifty percent or less of theactual amount.
C. Interest at a rate determined in accordance with § 58.1-15, shall accrueon the tax until the same is paid, or until an assessment is made, pursuantto § 58.1-15, after which interest shall accrue as provided therein.
(Code 1950, § 58-441.27; 1966, c. 151; 1972, c. 355; 1973, c. 269; 1975, c.52; 1977, c. 396; 1984, c. 675; 1991, cc. 316, 331.)
§ 58.1-635. Failure to file return; fraudulent return; civil penalties.
A. When any dealer fails to make any return and pay the full amount of thetax required by this chapter, there shall be imposed, in addition to otherpenalties provided herein, a specific penalty to be added to the tax in theamount of six percent if the failure is for not more than one month, with anadditional six percent for each additional month, or fraction thereof, duringwhich the failure continues, not to exceed thirty percent in the aggregate.In no case, however, shall the penalty be less than ten dollars and suchminimum penalty shall apply whether or not any tax is due for the period forwhich such return was required. If such failure is due to providential orother good cause shown to the satisfaction of the Tax Commissioner, suchreturn with or without remittance may be accepted exclusive of penalties. Inthe 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. All penalties and interestimposed by this chapter shall be payable by the dealer and collectible by theTax Commissioner in the same manner as if they were a part of the tax imposed.
B. It shall be prima facie evidence of intent to defraud the Commonwealth ofany tax due under this chapter when any dealer reports his gross sales, grossproceeds or cost price, as the case may be, at fifty percent or less of theactual amount.
C. Interest at a rate determined in accordance with § 58.1-15, shall accrueon the tax until the same is paid, or until an assessment is made, pursuantto § 58.1-15, after which interest shall accrue as provided therein.
(Code 1950, § 58-441.27; 1966, c. 151; 1972, c. 355; 1973, c. 269; 1975, c.52; 1977, c. 396; 1984, c. 675; 1991, cc. 316, 331.)
§ 58.1-635. Failure to file return; fraudulent return; civil penalties.
A. When any dealer fails to make any return and pay the full amount of thetax required by this chapter, there shall be imposed, in addition to otherpenalties provided herein, a specific penalty to be added to the tax in theamount of six percent if the failure is for not more than one month, with anadditional six percent for each additional month, or fraction thereof, duringwhich the failure continues, not to exceed thirty percent in the aggregate.In no case, however, shall the penalty be less than ten dollars and suchminimum penalty shall apply whether or not any tax is due for the period forwhich such return was required. If such failure is due to providential orother good cause shown to the satisfaction of the Tax Commissioner, suchreturn with or without remittance may be accepted exclusive of penalties. Inthe 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. All penalties and interestimposed by this chapter shall be payable by the dealer and collectible by theTax Commissioner in the same manner as if they were a part of the tax imposed.
B. It shall be prima facie evidence of intent to defraud the Commonwealth ofany tax due under this chapter when any dealer reports his gross sales, grossproceeds or cost price, as the case may be, at fifty percent or less of theactual amount.
C. Interest at a rate determined in accordance with § 58.1-15, shall accrueon the tax until the same is paid, or until an assessment is made, pursuantto § 58.1-15, after which interest shall accrue as provided therein.
(Code 1950, § 58-441.27; 1966, c. 151; 1972, c. 355; 1973, c. 269; 1975, c.52; 1977, c. 396; 1984, c. 675; 1991, cc. 316, 331.)
