(a) In the event that any person fails to deposit taxes deducted and withheld under §§ 30278, 30280, 30281, and 30391(b)(3) of this title within the term established by law, unless it is shown that such omission is due to a reasonable cause, a penalty shall be imposed on such person, equal to two percent (2%) of the amount of the insufficiency if such omission persists for thirty (30) days or less, and an additional two percent (2%) for each additional period of thirty (30) days or fraction thereof in which such omission persists, not to exceed twenty-four percent (24%) in total.
(b) For purposes of this section, the term “insufficiency” means the excess of the amount of taxes that should have been deposited over the amount, if any, of such taxes which was deposited not later than the date prescribed therefor.
(c) Limitation.— For purposes of subsection (a), the omission shall not be deemed to persist after the date (determined without regard to any extensions) prescribed in § 30278(b)(1) of this title for the payment of taxes or after the date such taxes are paid, whichever date is the earliest.
History —Jan. 31, 2011, No. 1, § 6041.12, retroactive to Jan. 1, 2011; Dec. 10, 2011, No. 232, § 163.