, 1959-10-06
THE 81 rR0IX AVIS
LEGISLATIVE RECORD CONTINUED
Section Az. Report and payment Of tax

(a) Every person, partnership, firm, corporation or
other business association required to pay tax under the
provisions Of sections AZ and 43 Of this chapter, as well as
every person, partnership, firm, corporation or other bust
ness association exempt from payment OF the gross re-
ceipts tax solely by virtue of the three-hundred-dollar
exemption set forth in the foregoing section, shall file a
report monthly with the Tax Division of the Department
Of Finance, on forms to be- provided by said Division,
showing the dollar value OF his taxable imports and such
other records as may berequired by the Departmental
Finance, and accompanied by payment to cover the
amount ofrtaxes due on said reports for the period. The
reports and payment Of each calendar month shall be due
within thirty 800. days after the end Of such month.
l) Upon receipt by the Tax Division Of the reports
and invoices required to be submitted by taxpayers under
subsection (a) Of this section, the Head OF the Tax Divi-
sion shall cause said reports to be examined and the APP
plicable tax computed He shall thereafter notify the tax
payer and the Commissioner of Finance OF any deficiency
that may be due thereon and after such notice, the amount
Of the deficiency plus penalties shall be a liensi in favortof
the Government Of the Virgin Islands upon all property
or rights to property, whether real or personal, belonging
to- such taxpayers and the amount may be collected by
seizure and sale of such property.
Section 45. Penalty for failure to file report or pay
tax; arbitrary assessment by Commits
sioner; waiver Of penalties
() Every person, partnership, firm, corporation, or
other business association failing to file reports or pay the
total amount Of tax within the time required by this chap
ter is liable-for penalty at the rate of five $50 per cent
per n~ontTbor any fraction of a month, but not exceeding
twenty-five $500 per cent in the aggregate; provided,
that if the gross receipts tax or excise tax report is not
received within thirty 800 days after the due date OF such
report, the Commissioner of Finance shall make an arbi-
trary determination of the tax due for the delinquent tax
payer, and after giving him due notice, proceedt to collect
the tax plus penalties as provided by this charter The re-
port shall consist Of an estimated amount Of tax due and
~chargeable against the delinquent taxpayer.
CD When the arbitrary determination Of tax due is
made, as provided in subsection (a) Of this section, the
taxpayer shall be billed for said amount and may be pro-
ceeded against in any way that any other delinquent tax
payer may be proceeded against, including the levy and
attachment and sale of property, whether real or personal;
provided, however, that the taxpayer may file a petition
in the Municipal Court asking that such execution be
stayed, pending determination of the actual amount due.
The Court shall advance such petition and shall hear such
relevant evidence as the taxpayer and tax administration
authority may produce and shall, in the light Of such evi-
dence, arrive at the amount the taxpayer should have
paid had he complied with the law. Whereupon, the tax
payer shall be required to pay such amount plus any ac-
crued penalty and Court costs.
cl The Commissioner of Finance after arbitrarily
determining the amount Of tax due may, upon the tax