SF 3709

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to taxation; civil penalties; modifying 
  1.3             penalty for failure to pay tax; amending Minnesota 
  1.4             Statutes 1998, section 289A.60, subdivision 1. 
  1.5   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.6      Section 1.  Minnesota Statutes 1998, section 289A.60, 
  1.7   subdivision 1, is amended to read: 
  1.8      Subdivision 1.  [PENALTY FOR FAILURE TO PAY TAX.] If a tax 
  1.9   other than a withholding, income or franchise, or sales or use 
  1.10  tax is not paid within the time specified for payment, a penalty 
  1.11  must be added to the amount required to be shown as tax.  The 
  1.12  penalty is three percent of the tax not paid on or before the 
  1.13  date specified for payment of the tax if the failure is for not 
  1.14  more than 30 days, with an additional penalty of three percent 
  1.15  of the amount of tax remaining unpaid during each additional 30 
  1.16  days or fraction of 30 days during which the failure continues, 
  1.17  not exceeding 24 percent in the aggregate. 
  1.18     If a withholding or sales or use tax is not paid within the 
  1.19  time specified for payment, a penalty must be added to the 
  1.20  amount required to be shown as tax.  The penalty is five percent 
  1.21  of the tax not paid on or before the date specified for payment 
  1.22  of the tax if the failure is for not more than 30 days, with an 
  1.23  additional penalty of five percent of the amount of tax 
  1.24  remaining unpaid during each additional 30 days or fraction of 
  1.25  30 days during which the failure continues, not exceeding 15 
  2.1   percent in the aggregate.  
  2.2      If an income or franchise tax is not paid within the time 
  2.3   specified, a penalty must be added to the amount required to be 
  2.4   shown as tax, in the manner provided in subdivision 4, provided 
  2.5   the amount of tax not paid for the period meets the criteria of 
  2.6   a substantial understatement as that term is defined in 
  2.7   subdivision 4.