Whenever the Department, in examining and auditing the records of any taxpayer, or from other information, shall ascertain that the amount, or amounts, previously paid by any taxpayer for any period, is incorrect, the Department shall compute the correct amount of tax due. If it appears that the amount paid by the taxpayer is in excess of the correct amount due, such excess shall be refunded to the taxpayer under the rules and regulations of the Department. If it appears that the amount paid by such taxpayer is less than the amount due, the Department shall compute the amount of such deficiency and shall notify the taxpayer, and shall demand payment therefor. If such deficiency is not paid within thirty days from the date of such demand, the Department shall make an assessment against the taxpayer of the amount due and shall add a penalty of one-half of one percent per month from the date such taxes, or any part thereof, became due; provided, however, that if the Department be of the opinion that there was a wilful or fraudulent intent by the taxpayer to evade the tax due, it may assess a penalty of twenty-five percent of the tax.
Code 1950, § 58-838.16; 1984, c. 675.
Structure Code of Virginia
Chapter 16 - Forest Products Tax
§ 58.1-1602. Levy of tax for forest conservation
§ 58.1-1605. Alternative for rates
§ 58.1-1606. Optional rates for certain manufacturers and severers
§ 58.1-1607. Limitation on tax for certain manufacturers taxable under § 58.1-1605
§ 58.1-1609. Payment, collection, and disposition of tax
§ 58.1-1610. Alternative payment, collection and disposition of tax
§ 58.1-1611. Allocation of tax to localities
§ 58.1-1612. Returns to be filed by manufacturer and severers; time of payment of tax
§ 58.1-1615. When Department may make return for delinquent taxpayer; penalty
§ 58.1-1616. Absconding taxpayer
§ 58.1-1617. Records to be kept
§ 58.1-1618. Penalty for failure to make return, keep records, or permit examination of records
§ 58.1-1619. Penalty and interest for failure to pay tax when due
§ 58.1-1620. Refunds and deficiency payments; penalty for deficiency
§ 58.1-1621. Proceedings in case of previous incorrect payments