CHAPTER 297

FORMERLY

HOUSE BILL NO. 638

AN ACT TO AMEND CHAPTER 21, TITLE 30, DELAWARE CODE, RELATING TO OCCUPATIONAL AND BUSINESS LICENSES AND TAXES.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend Chapter 21, Title 30, Delaware Code, by striking Section 2105 in its entirety and substituting in lieu thereof a new Section 2105 which shall read as follows:

"§2105. Civil Penalties and Interest for Nonpayment or Delayed Payment of License Taxes

(a) Interest. - If any fee or tax imposed by Part III is not paid on or before the last date prescribed for payment (determined without regard to any extension of time), Interest on such amount at the rate of 1% per month or fraction thereof, shall be due and payable from the due date until date of payment.

(b) Failure to File Returns. - In case of failure to file any return required under Part III at the time prescribed for filing (determined with regard to any extension of time), unless such failure Is shown to be due to reasonable cause, there shall be added to the amount required to be shown on such return or statement 5% of the amount of such fee or tax for each month, or fraction thereof, during which such failure continues, not to exceed 50% in the aggregate.

(c) Failure to Pay. - In case of the failure to pay the amount of tax shown to be due on any return filed pursuant to this Part at the time prescribed (determined with regard to any extension of time), there shall be added to the tax 0.5% of the amount of the tax for each additional month or fraction thereof during which such failure continues, not to exceed 25% in the aggregate.

(d) Negligence Penalty. - If any part of a deficiency in any fee or tax imposed by this Part is due to negligence or intentional disregard of rules and regulations (but without intent to defraud), there shall be added to the fee or tax an amount equal to 10% of the deficiency.

(e) Fraud Penalty. - If any part of a deficiency in any fee or tax Imposed by this Part is due to fraud, there shall be added to the fee or tax an amount equal to 100% of the deficiency. This amount shall be in lieu of any amount determined under Subsection (b) and Subsection (d) above."

Section 2. This Act shall take effect on July 1, 1982.

Approved June 29, 1982.