Ga. Comp. R. & Regs. R. 560-7-8-.09 - Addition to Tax in Case of Nonpayment

(1) If the amount of tax shown on a return as being due (after consideration of allowable credits) or any part thereof, is not paid by the date prescribed for such payment, a penalty, as hereinafter provided, shall be added to and collected as part of such tax, unless the taxpayer proves to the satisfaction of the Commissioner that there is reasonable cause for such delinquency. An extension of time for payment of tax is not provided for in O.C.G.A. § 48-7-86. An extension of time to file a return does not extend the time for payment of tax. The taxpayer who has an approved Federal extension of time to file must pay the Georgia tax due on or before the statutory date prescribed for payment.

(2) If the amount of tax specified in a notice and demand for any tax required to be shown on a return which is not so shown is not paid within 10 days from the date thereof, a penalty, as hereinafter provided, shall be added to and collected as a part of such tax, unless the taxpayer proves to the satisfaction of the Commissioner that there is reasonable cause for such delinquency.

(3) The penalty cited in paragraphs (1) and (2) above shall be 1/2 of 1% for each month or fractional part thereof of delinquency. For purposes of this section, the term "month" shall be the period from the date of the month on which the return is due to the same day in the next succeeding month and thereafter to the corresponding date of each succeeding month.

(4) The maximum late payment penalty and late filing penalty imposed by O.C.G.A. § 48-7-57 shall not exceed 25% of the tax not paid by the due date (excluding extensions).

(5) Penalty for Negligence. If all or any part of a deficiency in tax is determined by the Commissioner to be attributable to either negligence or to an intentional disregard of the Georgia Law and the Rules and Regulations thereunder, a penalty of 5% of such deficiency shall be assessed and collected as a part of such tax.

(6) Penalty for Fraud. If all or any part of a deficiency in tax is determined by the Commissioner to be attributable to fraud, a penalty of 50% of such deficiency shall be assessed and collected as a part of such tax. If a penalty for fraud is asserted with respect to any tax, no further penalty shall be assessed on such tax.

Notes

Ga. Comp. R. & Regs. R. 560-7-8-.09

O.C.G.A. Secs. 48-2-12, 48-7-86, 92-3005, 92-3006, 92-8405, 92-8406, 92-8409, 92-8427.

Original Rule entitled "Extension of Time for Returns" adopted. F. and eff. June 30, 1965. Amended: F. Sept. 1, 1967; eff. Sept. 20, 1967. Repealed: New Rule entitled "Extensions of Time" adopted. F. Feb. 16, 1972; eff. Mar. 7, 1972. Repealed: New Rule entitled "Addition to Tax in Case of Nonpayment" adopted. F. May 4, 1976; eff. May 24, 1976. Amended: F. Dec. 6, 2010; eff. Dec. 26, 2010.