453A.28  Assessment of tax by department--interest--penalty.

If after any audit, examination of records, or other investigation the department finds that any person has sold cigarettes without stamps affixed thereto as required by this division, the department shall fix and determine the amount of tax due, and shall assess the tax against the person, together with a penalty as provided in section 421.27. The taxpayer shall pay interest on the tax or additional tax at the rate determined under section 421.7 counting each fraction of a month as an entire month, computed from the date the tax was due. If any person fails to furnish evidence satisfactory to the director showing purchases of sufficient stamps to stamp unstamped cigarettes purchased by the person, the presumption shall be that the cigarettes were sold without the proper stamps affixed thereto. Within two years after the return is filed or within two years after the return became due, whichever is later, the department shall examine the return and determine the correct amount of tax.

Section History: Early form

  [C24, 27, 31, 35, § 1568; C39, § 1556.23; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 98.28]

Section History: Recent form

  84 Acts, ch 1173, § 1; 86 Acts, ch 1007, § 7; 90 Acts, ch 1172, § 1

  C93, § 453A.28

Internal References

  Referred to in § 453A.29

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