26B-3-404.  Penalties and interest.

(1)  The penalty for failure to file a return or pay the assessment due within the time prescribed by this part is the greater of $50, or 1% of the assessment due on the return.

(2)  For failure to pay within 30 days of a notice of deficiency of assessment required to be paid, the penalty is the greater of $50 or 5% of the assessment due.

(3)  The penalty for underpayment of the assessment is as follows:

(a)  If any underpayment of assessment is due to negligence, the penalty is 25% of the underpayment.

(b)  If the underpayment of the assessment is due to intentional disregard of law or rule, the penalty is 50% of the underpayment.

(4)  For intent to evade the assessment, the penalty is 100% of the underpayment.

(5)  The rate of interest applicable to an underpayment of an assessment under this part or an unpaid penalty under this part is 12% annually.

(6)  The department may waive the imposition of a penalty for good cause.

Renumbered and Amended by Chapter 306, 2023 General Session