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2006 Georgia Code - 3-2-11
3-2-11. Except as otherwise provided in this
title: (1) When any person
required to file a report as provided by this title fails to file
the report within the time prescribed, he shall be assessed a
penalty of $50.00 for each failure to file. (2) In the event the commissioner determines,
upon inspection of the invoices, books, and records of a licensed
wholesale dealer or importer or from any other information obtained
by him or his authorized agents, that the licensed wholesale dealer
or importer has not paid the proper tax or the proper amount of
taxes, the wholesale dealer or importer shall be assessed for the
taxes due. After assessment, the person assessed shall be provided
with notice and an opportunity for a hearing as provided for
contested cases by Chapter 13 of Title 50, the 'Georgia
Administrative Procedure Act.' (3) When any person fails to pay any tax or
license fee due as provided by this title, the person shall be
assessed a penalty the same as that provided for in Code Section
48-2-44. (4) When any person
fails to file a return, files a false or fraudulent return, or when
a tax deficiency or any part of a tax deficiency is due to a
fraudulent intent to evade any tax imposed or authorized by this
title, the person shall be assessed a specific penalty of 50
percent of the tax due. (5)
When any person fails to pay the tax or any part of the tax due as
provided by this title, the person shall pay interest on the unpaid
tax at the rate of 1 percent per month from the time the tax became
due until paid or at the rate specified in Code Section 48-2-40,
whichever is greater. Interest shall be computed on a monthly basis
for any portion of a month during which payment is
delinquent. (6) All penalties
and interest imposed by this title shall be payable to and
collected by the commissioner in the same manner as if they were a
part of the taxes imposed by this title.
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