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452A.65 Failure to promptly pay fuel taxes---refunds---interest and penalties---successor liability.

In addition to the tax or additional tax, the taxpayer shall pay a penalty as provided in section 421.27. The taxpayer shall also pay interest on the tax or additional tax at the rate in effect under section 421.7 counting each fraction of a month as an entire month, computed from the date the return was required to be filed. If the amount of the tax as determined by the appropriate state agency is less than the amount paid, the excess shall be refunded with interest, the interest to begin to accrue on the first day of the third calendar month following the date of payment or the date the return was due to be filed or was filed, whichever is the latest, at the rate in effect under section 421.7 counting each fraction of a month as an entire month under the rules prescribed by the appropriate state agency. In lieu of a refund allowed under this section, the licensee may request that the department allow the refund to be held as a credit for the licensee.

A report required of licensees or persons operating under division III, upon which no tax is due, is subject to a penalty of ten dollars if the report is not timely filed with the state department of transportation.

If a licensee or other person sells the licensee's or other person's business or stock of goods or quits the business, the licensee or other person shall prepare a final return and pay all tax due within the time required by law. The immediate successor to the licensee or other person, if any, shall withhold sufficient of the purchase price, in money or money's worth, to pay the amount of any delinquent tax, interest or penalty due and unpaid. If the immediate successor of the business or stock of goods intentionally fails to withhold any amount due from the purchase price as provided in this paragraph, the immediate successor is personally liable for the payment of the taxes, interest and penalty accrued and unpaid on account of the operation of the business by the immediate former licensee or other person, except when the purchase is made in good faith as provided in section 421.28. However, a person foreclosing on a valid security interest or retaking possession of premises under a valid lease is not an "immediate successor" for purposes of this paragraph. The department may waive the liability of the immediate successor under this paragraph if the immediate successor exercised good faith in establishing the amount of the previous liability.

Section History: Early form

[C27, 31, § 5093-a5; C35, § 5093-f9, -f11; C39, § 5093.09, 5093.11; C46, 50, 54, § 324.16, 324.19; C58, 62, 66, § 324.64; C71, 73, 75, 77, 79, 81, § 324.65; 81 Acts, ch 131, § 3; 82 Acts, ch 1180, § 1, 8]

Section History: Recent form

84 Acts, ch 1173, § 3; 86 Acts, ch 1246, § 30; 86 Acts, ch 1007, § 11--;13; 89 Acts, ch 251, § 7; 90 Acts, ch 1172, § 3, 4; 91 Acts, ch 159, §2 ~IC93, § 452A.65

Internal References

Referred to in § 421.26, 421.28, 452A.56


Personal liability of officers and partners; see § 421.26

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Last update: Mon Jan 27 16:05:08 CST 1997
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