[Editor's note: This section takes effect only if a ballot issue is approved by the people at the next regular general election in November 2020. See the editor's note following the article heading.] (1) Beginning January 1, 2021, it is unlawful for any distributor to sell and distribute any nicotine products in this state without a license as required in section 39-28.6-105, or to willfully make any false or fraudulent return or false statement on any return, or to willfully evade the payment of the tax, or any part thereof, as imposed by this article 28.6. Any distributor or agent thereof who willfully violates any provision of this article 28.6 is subject to punishment as provided by section 39-21-118.
(2) (a) If a person neglects or refuses to make a return as required by this article 28.6 and no amount of tax is due, the executive director of the department shall impose a penalty in the amount of twenty-five dollars.
If a person fails to pay the tax in the time allowed in section 39-28.6-107, a penaltyequal to ten percent of the tax plus one-half of one percent per month from the date when due, together with interest on such delinquent taxes at the rate computed under section 39-21-110.5, applies.
In computing and assessing the penalty, penalty interest, and interest pursuant tosubsection (2)(b) of this section, the executive director of the department may make an estimate, based upon information as may be available, of the amount of taxes due for the period for which the taxpayer is delinquent.
Source: L. 2020: Entire article added, (HB 20-1427), ch. 248, p. 1203, § 18, effective (see editor's note).