§ 50A-5. Tax due dates and delinquencies.  


Latest version.
  • The cannabis operations gross receipts tax shall be due and payable and, if not paid shall become delinquent, as follows:

    (a)

    Due Dates. The amount of the gross receipts tax shall be due and payable by first day of January, April, July and October, and shall become delinquent if not remitted to the treasurer-tax collector on or before 5:00 p.m. on the last day of each of those months.

    (b)

    Original Delinquency. For any delinquent payment, the person subject to the tax shall pay ten percent of the amount of the tax in addition to the amount of the tax.

    (c)

    Continued Delinquency. Any person who fails to remit any delinquent remittance on or before a period of thirty days following the date on which the remittance first became delinquent shall pay a second delinquency amount of ten percent of the amount of the tax in addition to the amount of the tax and the ten percent amount first imposed upon the original delinquency.

    (d)

    Cancellation of Delinquency Amounts. The treasurer-tax collector may cancel the original delinquency and/or continued delinquency amounts imposed on any person if the person provides evidence satisfactory to the treasurer-tax collector that failure to pay timely was due to circumstances beyond the control of the person and occurred notwithstanding the exercise of ordinary care and the absence of willful neglect.

    (e)

    Fraud. If the treasurer-tax collector determines that the nonpayment of any remittance due under this chapter is due to fraud, an amount of twenty-five percent of the amount of the tax shall be added thereto in addition to the delinquency amounts stated in subsections (b) and (c) of this section.

    (f)

    Interest. In addition to the delinquency and/or fraud amounts imposed, any person who fails to timely remit any tax imposed by this chapter shall pay interest at the rate of one-half of one percent per month or fraction thereof on the amount of the tax.

    (g)

    Delinquency, Fraud, and Interest Amounts Merged with Tax. Every delinquency and fraud amount imposed and such interest as accrues under the provisions of this section shall become part of the tax herein required to be paid.

    (h)

    Criminal Penalty. Any person or persons who make any material misrepresentation of fact for the purpose of avoiding all or any part of the tax imposed by this chapter shall be guilty of a misdemeanor.

(Ord. No. 5026, § 1, 2-13-2018)