15-70-418. Fraudulent returns — penalty. If a distributor files a false or fraudulent return with intent to evade the tax imposed by this part, there is added to the amount of deficiency determined by the department of transportation a penalty equal to 25% of the deficiency, together with interest at the rate of 1% a month, prorated daily, on the deficiency from the date the tax was due to the date of payment, in addition to all other penalties prescribed by law.

Terms Used In Montana Code 15-70-418

  • Department: means the department of transportation. See Montana Code 15-70-401
  • Distributor: means :

    (i)a person who engages in the business in this state of producing, refining, manufacturing, or compounding gasoline or special fuel for sale, use, or distribution;

    (ii)an importer who imports gasoline or special fuel for sale, use, or distribution;

    (iii)a person who engages in the wholesale distribution of gasoline or special fuel in this state and chooses to become licensed to assume the Montana state gasoline tax or special fuel tax liability;

    (iv)an exporter;

    (v)a dealer licensed as of January 1, 1969, except a dealer at an established airport; or

    (vi)a person in Montana who blends ethanol with gasoline. See Montana Code 15-70-401