2005 Idaho Code - 67-2026A — FAILURE TO USE ELECTRONIC FUNDS TRANSFER

                                  TITLE  67
                      STATE GOVERNMENT AND STATE AFFAIRS
                                  CHAPTER 20
                           STATE BOARD OF EXAMINERS
    67-2026A.  FAILURE TO USE ELECTRONIC FUNDS TRANSFER. (1) Any payor
required under the provisions of section 67-2026, Idaho Code, to make a
payment by electronic transfer who makes the payment by check or other
nonelectronic means shall be liable for an additional amount of interest. The
interest shall be calculated at the annual rate of twelve per cent (12%)
simple interest for the period of time between the day the payment is due and
the day the funds become available to the state treasurer for investment.
Unless the payor establishes a contrary time, the time between receipt of a
payment by means other than electronic funds transfer and the time the funds
become available to the state treasurer for investment is presumed to be five
(5) days.
    (2)  If the agency administering the tax determines that a payor's failure
to use electronic funds transfer when required is due to the payor's
negligence or is the result of the payor's knowing disregard of the
requirement, the agency may assert a penalty, in addition to the interest
charged under subsection (1) of this section, of five hundred dollars ($500).
If the payor establishes that the failure is not due to his negligence or the
result of his knowing disregard of the requirement, the agency shall abate the
penalty, but it shall not abate the interest due under subsection (1) of this
section.
    (3)  Amounts due under this section shall be asserted by the agency
administering the tax in the same manner provided by law for a failure to pay
taxes or fees due.