§ 58.1-2411. Civil penalties upon failure to make return, pay tax, etc
When any person fails to make any return and pay the full amount of the tax required by this chapter, there shall be imposed, in addition to other penalties provided herein, a penalty to be added to the tax in the amount of ten percent or ten dollars, whichever is greater; however, if the failure is due to providential or other good cause, shown to the satisfaction of the Commissioner, the return, with remittance, may be accepted exclusive of penalties. The ten-dollar minimum penalty levied herein shall be applied only in cases where the return or payment of tax is not received within the time prescribed in this chapter and shall not be considered for audit purposes.
In the case of a false or fraudulent return, where willful intent exists to defraud the Commonwealth of any tax due under this chapter, or in the case of a willful failure to file a return with the intent to defraud the Commonwealth of any such tax, a specific penalty of fifty percent of the amount of the proper tax shall be assessed. It shall be prima facie evidence of intent to defraud the Commonwealth of any tax due under this chapter when any person reports the sale price or gross proceeds from the rental of a motor vehicle at fifty percent or less of the actual amount. All penalties and interest imposed by this chapter shall be payable by the rentor and collectible by the Commissioner in the same manner as if they were a part of the tax imposed.
Interest at the rate of one and one-half of one percent per month, or a fraction thereof, shall accrue on both tax and penalty until paid.
(Code 1950, § 58-685.17:2; 1974, c. 477; 1982, c. 141; 1984, c. 675.)
Sections: Previous 58.1-2404 58.1-2405 58.1-2406 58.1-2407 58.1-2408 58.1-2409 58.1-2410 58.1-2411 58.1-2412 58.1-2413 58.1-2414 58.1-2415 58.1-2416 58.1-2417 58.1-2418 NextLast modified: April 3, 2009