453B.12 Civil and criminal penalties for violation of chapter — interest.
1. A dealer who violates this chapter is subject to a penalty equal to the amount of the tax imposed by section 453B.7, in addition to the tax imposed by that section. The dealer shall pay interest on the tax and penalty at the rate in effect under section 421.7, counting each fraction of a month as an entire month, computed from the date of assessment through the date of payment. The penalty and interest shall be collected as part of the tax.
2. In addition to the civil tax penalty and interest imposed by this section, a dealer distributing, offering to sell, or possessing taxable substances without affixing the appropriate stamps, labels, or other official indicia is guilty of a class “D” felony.
3. A person who possesses, prints, engraves, makes, issues, sells, or circulates a counterfeit taxable substance tax stamp, label, or other official indicia, or places or causes to be placed a counterfeit taxable substance tax stamp, label, or other official indicia on a taxable substance, is guilty of a class “D” felony.
4. A person who uses, sells, offers for sale, or possesses for use or sale a previously used or expired taxable substance tax stamp, label, or other official indicia, or attaches or causes to be attached a previously used or expired taxable substance tax stamp, label, or other official indicia to a taxable substance, is guilty of a class “D” felony.
5. Notwithstanding section 802.3, an indictment may be found or information filed upon any criminal offense specified in this chapter, in the proper court, within six years after the commission of the offense.
90 Acts, ch 1251, §48
C91, §421A.12
C93, §453B.12
2015 Acts, ch 29, §114
Referred to in §803.3
Structure Iowa Code
Chapter 453B - EXCISE TAX ON UNLAWFUL DEALING IN CERTAIN SUBSTANCES
Section 453B.2 - Administration — rules.
Section 453B.3 - Tax payment required for possession — payment due.
Section 453B.4 - Measurements.
Section 453B.5 - Defense or immunity.
Section 453B.6 - Chapter not applicable to lawful possession.
Section 453B.7 - Tax imposed — rate of tax.
Section 453B.8 - Price of stamps, labels, or other indicia.
Section 453B.9 - Assessments are jeopardy assessments.
Section 453B.10 - Confidential nature of information.
Section 453B.11 - Examination of records by director — subpoenas.
Section 453B.12 - Civil and criminal penalties for violation of chapter — interest.
Section 453B.13 - Credit for previously paid taxes.
Section 453B.14 - Revision of tax — refunds.
Section 453B.15 - Availability of records and information.
Section 453B.16 - Notice of conviction.
Section 453B.17 - Exemption — Iowa hemp Act — hemp and hemp products.
Section 453B.18 - Exemption — Iowa hemp Act — negligent violation program.