If any check, money order, or electronic funds in payment of any amount receivable for payment of taxes under any provision of law is not duly paid, in addition to any other penalties provided by law, there shall be paid as a penalty by the person who tendered such check, money order, or electronic funds, upon notice and demand by the commissioner, or his or her delegate, or other taxing authority, in the same manner as tax, an amount equal to 10 percent of the amount of such check, money order, or electronic funds, except that if the amount of such check, money order, or electronic funds is less than five hundred dollars ($500), the penalty under this section shall be ten dollars ($10) or the amount of such check, money order, or electronic funds, whichever is the lesser. This section shall not apply if the person tendered such check, money order, or electronic funds in good faith and with reasonable cause to believe that it would be duly paid, and settlement is made by the taxpayer within 10 days after notification of receipt of a bad check, money order, or non-payable electronic funds by the department or other taxing authority.
Structure Code of Alabama
Title 40 - Revenue and Taxation.
Chapter 29 - Enforcement of Tax Laws.
Article 4 - Additions to Tax and Penalties.
Section 40-29-70 - Non-Payable Checks, Money Orders, or Electronic Funds.
Section 40-29-71 - Automatic Refund.
Section 40-29-72 - Rules for Application of Assessable Penalties; "Person" Defined.
Section 40-29-73 - Failure to Collect and Pay Over Tax, or Attempt to Evade or Defeat Tax.
Section 40-29-74 - Fraudulent Statement or Failure to Furnish Statement to Employee.
Section 40-29-75 - False Information With Respect to Withholding.