Section 11-675. Interest on underpayment  


Latest version.
  • 1. General. If any amount of tax is
      not paid on or before the last date prescribed in whichever of the named
      subchapters  is  applicable  for payment, interest on such amount at the
      underpayment rate set by the commissioner of finance pursuant to section
      11-687 of this subchapter, or, if no rate is set, at the rate  of  seven
      and  one-half  percent  per annum shall be paid for the period from such
      last date to the date paid, whether or not any  extension  of  time  for
      payment  was  granted. Interest under this subdivision shall not be paid
      if the amount thereof is less than one dollar.
        2. Exception as to estimated tax. This section shall not apply to  any
      failure to pay estimated tax under subchapter two or subchapter three of
      this chapter.
        3.  Exception  for mathematical error. No interest shall be imposed on
      any underpayment of tax due solely to mathematical error if the taxpayer
      files a return within the time prescribed  in  whichever  of  the  named
      subchapters is applicable (including any extension of time) and pays the
      amount  of  underpayment  within three months after the due date of such
      return, as it may be extended.
        4. Suspension of interest on deficiencies. If a waiver of restrictions
      on assessment of a deficiency has been filed by  the  taxpayer,  and  if
      notice  and  demand  by  the commissioner of finance for payment of such
      deficiency is not made within thirty  days  after  the  filing  of  such
      waiver,  interest shall not be imposed on such deficiency for the period
      beginning immediately after such thirtieth day and ending with the  date
      of notice and demand.
        5.  Tax  reduced  by carry back. If the amount of tax under subchapter
      two for any taxable year is reduced by reason of a carryback  of  a  net
      operating loss or a capital loss, such reduction in tax shall not affect
      the  computation  of  interest  under this section for the period ending
      with the filing date for the taxable year in  which  the  net  operating
      loss  or  capital  loss  arises.  Such  filing  date shall be determined
      without regard to extensions of time to file.
        6. Interest treated as tax. Interest under this section shall be  paid
      upon  notice and demand and shall be assessed, collected and paid in the
      same manner as the taxes under the named subchapters. Any  reference  in
      this  subchapter  to the tax imposed by the named subchapters, or any of
      them, shall be deemed also to refer to interest imposed by this  section
      on such tax.
        7. Interest on penalties or addition to tax. Interest shall be imposed
      under  subdivision  one in respect to any assessable penalty or addition
      to tax only if such assessable penalty or addition to tax  is  not  paid
      within  ten  days  from the date of the notice and demand therefor under
      subdivision two of section  11-683  of  this  subchapter  in  such  case
      interest  shall  be  imposed  only  for the period from such date of the
      notice and demand to the date of payment.
        8. Payment within ten days after notice  and  demand.  If  notice  and
      demand  is  made  for  payment  of  any  amount under subdivision two of
      section 11-683 of this subchapter, and if such amount is paid within ten
      days after the date of such  notice  and  demand,  interest  under  this
      section  on the amount so paid shall not be imposed for the period after
      the date of such notice and demand.
        9. Limitation on assessment and collection. Interest prescribed  under
      this section may be assessed and collected at any time during the period
      within  which the tax or other amount to which such interest relates may
      be assessed and collected respectively.
        10. Interest on erroneous refund. Any portion of tax or  other  amount
      which  has  been  erroneously  refunded, and which is recoverable by the
      commissioner of finance, shall bear interest at  the  underpayment  rate
    
      set  by  the  commissioner of finance pursuant to section 11-687 of this
      subchapter, or, if no rate is set, at the rate  of  seven  and  one-half
      percent  per  annum from the date of the payment of the refund, but only
      if  it  appears  that  any  part of the refund was induced by fraud or a
      misrepresentation of a material fact.
        11. Satisfaction by credits. If any portion of a tax is  satisfied  by
      credit  of  an overpayment, then no interest shall be imposed under this
      section on the portion of the tax so satisfied  for  any  period  during
      which,  if  the  credit  had  not  been  made,  interest would have been
      allowable with respect to such overpayment.