Mississippi Code 1972 (2023) › Title 71 - LABOR AND INDUSTRY (§§ 71-1-1 — 71-17-7) › Chapter 5 - UNEMPLOYMENT COMPENSATION (§§ 71-5-1 — 71-5-547) › Article 7 - CONTRIBUTIONS (§§ 71-5-351 — 71-5-391) › Section 71-5-365 - Failure to make reports and pay contributions

If any employer fails to make and file any report as and when required by the terms and provisions of this chapter or by any rule or regulation of the commission for the purpose of determining the amount of contributions due by him or her under this chapter, or if any report which has been filed is deemed by the executive director or his or her designee within the department to be incorrect or insufficient, and such employer, after having been given notice by the executive director or his or her designee within the department to file such report, or a corrected or sufficient report, as the case may be, shall fail to file such report within fifteen (15) days after the date of such notice, the executive director or his or her designee within the department may (a) determine the amount of contributions due from such noncompliant employer on the basis of the best information that may be readily available to the department, which determination shall be prima facie correct, (b) assess such noncompliant employer with the amount of contribution so determined as due, to which amount may be added and assessed by the executive director or his or her designee within the department in his or her discretion, as damages, in an amount equal to ten percent (10%) of the assessed amount, and (c) immediately give notice to such noncompliant employer of such determination, assessment, and penalties, if any, added and assessed, demanding payment of same together with interest, as herein provided, on the amount of contributions owed from the date when same were due and payable. Such determination and assessment by the executive director or his or her designee within the department shall be final at the expiration of fifteen (15) days from the date of such notice thereof demanding payment, unless:
(a)
Such employer shall have filed with the department a written protest and petition for a hearing, specifying his or her objections thereto. Upon receipt of such petition within the fifteen (15) days allowed, the department shall fix the time and place for a hearing and shall notify the petitioner thereof. At any hearing held before the department as herein provided, evidence may be offered to support such determination and assessment or to prove that it is incorrect, and the commission shall have all the power provided in Sections
71-5-137
and
71-5-139
. Immediately after such hearing a final decision in the matter shall be made by the commission, and any contributions or deficiencies in contributions found and determined by the commission to be due shall be assessed and paid, together with interest, within fifteen (15) days after notice of such final decision and assessment, and demand for payment thereof by the department shall have been sent to such employer.
(b)
The department, in its discretion, determines on the basis of information submitted by the employer that such assessment should be amended and adjusted to reflect the correct amount of taxes.
Sixty (60) days after the due date of the contributions, together with interest and damages, or upon issuance of a warrant, whichever occurs first, the department, in its discretion, may assess an additional sum not exceeding one hundred percent (100%) of the amount of the unpaid contributions due as penalties for failure to pay.
Codes, 1942, § 7424; Laws, 1940, ch. 295, § 12; Laws, 1948, ch. 412, § 9b; Laws, 1958, ch. 533, § 7b; Laws, 1968, ch. 561, § 3b; Laws, 1991, ch. 511, § 2; Laws, 1995, ch. 507, § 4; Laws, 2007, ch. 606, § 11, eff. 7/1/2007.
Amended by Laws, 2021, ch. 360, SB 2124,§ 2, eff. 7/1/2021.