Idaho Admin. Code r. 35.01.02.123 - ADDITIONS AND PENALTIES

Sections 63-3046, 63-3075, 63-3076, 63-3077, Idaho Code All additions and penalties provided by Sections 63-3046, 63-3075, 63-3076 and 63-3077, Idaho Code, are incorporated in the Sales Tax Act. (3-31-22)

01. Substantial Underpayment. For purposes of enforcing the substantial underpayment penalty provided by Section 63-3046(d), Idaho Code, the term taxable year, is for purposes of the Sales Tax Act, the twelve (12) month calendar period for which an annual reconciliation is required. The return, for purposes of such taxable year, are the returns required to be filed under Rule 105 of these rules. The taxpayer's entire calendar year or fiscal tax year is any fraction of a twelve (12) month period occurring prior to filing a final report. (3-31-22)

02. Repeated or Intentional Invalid Exemption Claims. A buyer who repeatedly or intentionally claims exemption from tax on purchases that are not exempt and has not reported and paid use tax on the purchases, owes the tax plus the interest prescribed in Rule 122 of these rules and may also be assessed a penalty of five percent (5%) of the purchase price of the goods or services, or two hundred dollars ($200), whichever is greater. (3-31-22)

Notes

Idaho Admin. Code r. 35.01.02.123