Section 35-5-19 - Additional tax assessed as penalty on delinquency in payment of tax--Reduction or elimination for reasonable cause--Interest on tax not paid ondue date--Additional amount added for f - South Dakota Statutes

35-5-19. Additional tax assessed as penalty on delinquency in payment of tax--Reduction or elimination for reasonable cause--Interest on tax not paid on due date--Additional amount added for false return--Collection and enforcement of tax, penalty and interest--Application of amounts collected. Any person required to file returns or reports under this chapter, who fails to file a return or report within the month following the month the return or report is due is subject to an additional tax, assessed as a penalty, equal to ten percent of the tax or ten dollars, whichever is greater. However, for a reasonable cause shown, the secretary may reduce or eliminate such penalty. If the tax imposed by this chapter is not paid on the due date, the amount of the tax shall bear the interest at the Category D rate of interest as established in § 54-3-16 from the date of delinquency until paid. If any licensee files a false or fraudulent return, there shall be added to the tax an amount equal to the tax evaded, or attempted to be evaded. Penalty and interest are considered the same as tax for the purposes of collection and enforcement including liens, distress warrants and criminal violations. Any payment received for taxes, penalty, or interest is applied first to tax, beginning with the oldest delinquency, then to interest and then to penalty. No court of this state may enjoin the collection of any such tax or civil penalty.

Source: SDC 1939, § 5.0239 as added by SL 1963, ch 12, § 2; SDC Supp 1960, § 5.0238-1; SDCL, §§ 35-5-18, 35-7-7; SL 1971, ch 211, § 90; SL 1983, ch 28, § 48; SL 1983, ch 265; SL 1984, ch 319, § 22; SL 1988, ch 296.