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ARKANSAS STATUTES AND CODES
§ 26-55-232 - Failure to report or pay taxes promptly -- Penalties.
26-55-232. Failure to report or pay taxes promptly -- Penalties.
(a) When any distributor fails to file its monthly report with the Director of the Department of Finance and Administration on or before the time fixed in this subchapter for the filing thereof or when the distributor fails to submit the data outlined in 26-55-229 and 26-55-230 in the monthly report, or when the distributor fails to pay to the director the amount of excise taxes due to the State of Arkansas when the excise taxes are payable, the distributor shall forfeit two percent (2%) of the amount due if the taxes are not remitted or paid within ten (10) days after the due date, and an additional eight percent (8%) shall be forfeited if the taxes are not remitted or paid on or before the thirtieth day after the taxes become due.
(b) (1) If the tax and penalty are not paid within sixty (60) days after the tax and penalty become due, then the license of the distributor shall be suspended.
(2) Thereafter the tax and penalty shall bear interest at the rate of one percent (1%) per month until paid.
(3) At the end of the sixty (60) days, the director shall notify the bonding company of the delinquency and declare the bond forfeited and shall certify the delinquent account to the Office of Revenue Legal Counsel of the Revenue Division of the Department of Finance and Administration for collection.
(c) However, when failure to pay the tax or file the sworn reports required by this subchapter within the time prescribed by law or when errors or omissions in the reports or payments are the result of mistake or arise from circumstances beyond the control of the licensed distributor and the delinquency or inaccuracy was unavoidable and devoid of intent to evade the tax, the director in his or her discretion may waive the additional eight percent (8%) penalty and the interest prescribed in this section.
(d) Deposit in the United States mails, with postage prepaid of the report or remittance in payment of the taxes, in sufficient time to reach the director in the ordinary course of the mails on or before the twenty-fifth day of the month, shall be deemed compliance with this section, even though the report or remittance in fact shall not reach the director until after the twenty-fifth day of the month.
(a) When any distributor fails to file its monthly report with the Director of the Department of Finance and Administration on or before the time fixed in this subchapter for the filing thereof or when the distributor fails to submit the data outlined in 26-55-229 and 26-55-230 in the monthly report, or when the distributor fails to pay to the director the amount of excise taxes due to the State of Arkansas when the excise taxes are payable, the distributor shall forfeit two percent (2%) of the amount due if the taxes are not remitted or paid within ten (10) days after the due date, and an additional eight percent (8%) shall be forfeited if the taxes are not remitted or paid on or before the thirtieth day after the taxes become due.
(b) (1) If the tax and penalty are not paid within sixty (60) days after the tax and penalty become due, then the license of the distributor shall be suspended.
(2) Thereafter the tax and penalty shall bear interest at the rate of one percent (1%) per month until paid.
(3) At the end of the sixty (60) days, the director shall notify the bonding company of the delinquency and declare the bond forfeited and shall certify the delinquent account to the Office of Revenue Legal Counsel of the Revenue Division of the Department of Finance and Administration for collection.
(c) However, when failure to pay the tax or file the sworn reports required by this subchapter within the time prescribed by law or when errors or omissions in the reports or payments are the result of mistake or arise from circumstances beyond the control of the licensed distributor and the delinquency or inaccuracy was unavoidable and devoid of intent to evade the tax, the director in his or her discretion may waive the additional eight percent (8%) penalty and the interest prescribed in this section.
(d) Deposit in the United States mails, with postage prepaid of the report or remittance in payment of the taxes, in sufficient time to reach the director in the ordinary course of the mails on or before the twenty-fifth day of the month, shall be deemed compliance with this section, even though the report or remittance in fact shall not reach the director until after the twenty-fifth day of the month.
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