Section 1416. Interest and civil penalties  


Latest version.
  • (a) If the commissioner of
      taxation and finance determines that there has been  an  overpayment  of
      tax,  interest  at the overpayment rate set by the commissioner shall be
      paid by the comptroller to the grantor or grantee, on  any  refund  paid
      pursuant  to  the  provisions of section fourteen hundred twelve of this
      article.  If  the  commissioner  determines  that  there  has  been   an
      underpayment  of  tax,  the grantor or grantee shall pay interest to the
      commissioner at the underpayment rate set by  the  commissioner  on  the
      amount  of  any  tax  not  paid. The commissioner shall set the rates of
      interest to be paid on underpayment and overpayment of the taxes imposed
      by this article at the underpayment and overpayment  rates  of  interest
      prescribed  in subsection (e) of section one thousand ninety-six of this
      chapter.
        (b) Any grantor or grantee failing to file a return or to pay any  tax
      within  the  time required by this article shall be subject to a penalty
      of ten per centum of the amount of tax due plus an interest  penalty  of
      two  per  centum  of  such  amount  for  each month of delay or fraction
      thereof after the expiration of the first month after  such  return  was
      required to be filed or such tax became due, such interest penalty shall
      not  exceed twenty-five per centum in the aggregate. If the commissioner
      of taxation and finance determines that such failure or delay was due to
      reasonable cause and not due to willful neglect, the commissioner  shall
      remit, abate or waive all of such penalty and such interest penalty.
        (c)  If  any  amount  of  tax  is  not paid on or before the last date
      prescribed in section fourteen hundred ten of this chapter for  payment,
      interest at the underpayment rate set by the commissioner on such amount
      shall  be  paid for the period from such last date to the date paid. The
      commissioner  shall  set  the  rate  of  interest  to  be  paid  at  the
      underpayment  rate  of  interest prescribed in subsection (e) of section
      one thousand ninety-six of this chapter. Interest under this subdivision
      shall not be paid if the amount thereof is less than one dollar.
        (d) The penalties and interest provided for in this section  shall  be
      paid   to  the  commissioner  of  taxation  and  finance  and  shall  be
      determined, assessed, collected and distributed in the  same  manner  as
      the tax imposed by this article and any reference to tax in this article
      shall  be  deemed to refer to the penalties and interest imposed in this
      section.