Alaska Administrative Code › Title 15 - Revenue › Chapter 55 - Oil and Gas Production Tax and Oil Surcharge › Article 6 - General Provisions › 15 AAC 55.840 - Penalties

Current through May 31, 2024
(a) The department will not assess a civil
				penalty under
				AS
				43.05.220(a) or (b) for an
				underpayment of an installment payment of estimated tax required to be paid
				before February 1, 2011, under
				AS
				43.55.020(a)(1) or (4), as
				the provisions of those paragraphs read on June 30, 2007, or under
				AS
				43.55.020(a)(1) or (3), in
				effect on December 20, 2007, except in cases of intentional disregard of law or
				regulation. However, this section does not apply to a taxpayer's failure to pay
				a remaining unpaid amount of a required installment payment after March 31 of
				the year following the calendar year of production.
(b) If, 30 days after a report required to be
				filed under
				AS
				43.55.030 is due, the department has not
				notified the person required to file the report that the person has failed to
				comply with the applicable requirement of
				AS
				43.55.030, the department will not assess,
				for failure to file the report, a penalty under
				AS
				43.55.030(d) that begins
				earlier than a date specified in a written notice to the person, except in case
				of the person's fraud or willful concealment. In that notice, the department
				will specify a date that is at least 10 days after the date of the department's
				delivery of the notice or, if the notice is mailed, at least 13 days after the
				date of mailing. Nothing in this subsection affects the person's obligation to
				file a complete and accurate report.
(c) If a person fails to file a report,
				statement, or other document required to be filed under
				AS
				43.55.040, the department will provide
				written notice of the failure to the person and will specify in the notice a
				date beginning on which the person will be liable for a penalty under
				AS
				43.55.040(7) if the person
				does not remedy the failure before that date. The department will specify a
				date that is at least 10 days after the date of the department's delivery of
				the notice or, if the notice is mailed, at least 13 days after the date of
				mailing. If, 30 days after the date specified, the department has not assessed
				a penalty or otherwise notified the person in writing that the person has
				failed to remedy the failure before the date specified, the department will not
				assess a penalty under
				AS
				43.55.040(7) for the
				failure, except in case of the person's fraud or willful concealment. Nothing
				in this subsection limits the department's right to require the additional or
				more complete and accurate filing of a report, statement, or other
				document.
(d) In determining the
				amount of a penalty under
				AS
				43.55.030(d) or
				43.55.040(7), the
				department will consider the
(1) extent to
				which the person's failure to file was a willful or knowing act or omission or
				occurred despite a good faith attempt to comply;
(2) importance of the required information
				and of its timeliness to the department in the performance of its duties and
				functions;
(3) benefits, if any,
				derived by the person from failing to file;
(4) history of compliance or noncompliance by
				the person with AS 43.55 and this chapter;
(5) need to deter future noncompliance by the
				person and by others; and
(6)
				effort made by the person to correct the noncompliance and to ensure future
				compliance.