Alaska Administrative Code › Title 15 - Revenue › Chapter 05 - Administration of Revenue Laws › Article 2 - General Provisions › 15 AAC 05.210 - Failure to file or pay

Current through May 31, 2024
(a) A failure-to-file penalty will be added
				to a tax at the rate of five percent for each 30-day period or fraction of a
				30-day period during which the taxpayer fails to file at the time or times
				required by law or regulation a return or report as required by AS 43, unless
				it is shown that the failure is due to a reasonable cause, as defined in
				15 AAC 05.200, and not to wilful
				neglect. A failure-to-file penalty will not exceed 25 percent for any one
				return or report required to be filed. The failure-to-file penalty is computed
				only on the unpaid balance of the tax liability as determined by the
				department. The penalty provided in
				AS
				43.55.030(d) will be
				assessed in addition to this penalty.
(b) A failure-to-pay penalty will be added to
				a tax at the rate of five percent for each 30-day period or fraction of a
				30-day period during which the taxpayer fails to pay the full amount of the
				tax, a portion of the tax, or a deficiency of the tax, as required by AS 43,
				and as reported by the taxpayer or assessed by the department, unless it is
				shown that the failure is due to a reasonable cause, as defined in
				15 AAC 05.200, and not to wilful
				neglect. The failure-to-pay penalty will not exceed 25 percent for any one
				return or report required to be filed. The failure-to-pay penalty is computed
				from the date the payment is due, on the unpaid balance of the total tax
				liability as shown on the return or report filed or on an audit assessment
				notice. The penalty provided for in
				AS
				43.56.160 for failure to pay the tax under AS
				43.56 is in place of the failure-to-pay penalty provided in this
				subsection.
(c) If, with respect to
				the same return or report, a failure to file and a failure to pay occur during
				different periods of time, a penalty for each period may be imposed. If a
				failure to file and a failure to pay occur during the same period of time, only
				the penalty for failure to file will be imposed for that period. The combined
				rate imposed under this section for the failure-to-file and the failure-to-pay
				penalties with respect to the same return or report will not exceed 25
				percent.
(d) The obligation to file
				is separate from the obligation to pay. An approved extension to file is not an
				extension to pay.
(e) For purposes
				of calculating a penalty for failure to file or failure to pay, the first
				30-day period or fraction of a 30-day period begins on the day following the
				day the obligation arises and ends when the obligation is met or 30 calendar
				days later, whichever occurs first. Each additional 30-day period or fraction
				of a 30-day period begins on the day following the expiration of the preceding
				period and ends when the obligation is met or 30 calendar days later, whichever
				occurs first. If the 30th calendar day is a holiday, it is excluded and the
				next business day is considered the 30th day.
(f) If a properly filed, amended return
				reduces the total tax liability or the tax required to be paid, or the
				department reduces the tax liability, the related penalty will be reduced
				accordingly. However, if the reduction results from the application of a
				carryback provision provided in AS 43, the penalties will not be
				reduced.
(g) If an additional
				penalty for negligence or intentional disregard is imposed under
				AS
				43.05.220(b), then a
				failure-to-pay penalty under this section will also be imposed on the total
				amount of the tax deficiency.
Authority:
AS
					 01.10.080
AS 01.10.220(a)
AS
					 43.05.080