Okla. Admin. Code § 710:90-3-17

Current through Vol. 42, No. 6, December 2, 2024

Section 710:90-3-17 - Penalty and interest

(a) If an employer fails to file a return or to pay the Commission the withholding tax when due, there shall be imposed on such employer a penalty of ten percent (10%) of the amount of tax, or ten percent (10%) of the amount of the underpayment of tax, if such failure is not corrected within fifteen (15) days after the tax becomes delinquent.

(1) There is also imposed upon the employer interest at the rate of one and one-quarter percent (1 1/4%) per month.

(2) If any portion of the deficiency is due to fraud with intent to evade tax, a penalty of fifty percent (50%) shall be assessed.

(b) At the discretion of the Commission, the interest or penalty may be waived, provided the taxpayer's failure to file a report or return or to pay the tax is satisfactorily explained or provided the taxpayer can demonstrate that the failure to pay the tax resulted from a mistake by the taxpayer of either law or fact or inability to pay such interest or penalty resulting from insolvency. Requests for waiver must be made in writing to theIncome Tax Accounts Division and must include all pertinent facts to support the request.

Okla. Admin. Code § 710:90-3-17

Amended at 23 Ok Reg 2870, eff 6-25-06

Amended by Oklahoma Register, Volume 31, Issue 24, September 2, 2014, eff. 9/12/2014

Amended by Oklahoma Register, Volume 38, Issue 23, August 16, 2021, eff. 9/1/2021