(a) A tax not paid when a report or declaration is due to be filed is subject to a penalty of 5% and interest at the rate determined under § 13-604(b) of the Tax - General Article from the date that the report or declaration was due.
(b) If an additional amount is found to be due after a report or declaration has been filed, the additional amount is subject to interest at 6% per year from the due date of the report or declaration until payment is made to the Commissioner.
(c) (1) Subject to paragraph (2) of this subsection, if an insurer that is required under § 2-113 of this article to pay a premium tax on or before the due date in immediately available funds fails to do so, the Commissioner shall assess a penalty and interest as provided in subsection (a) of this section on the unpaid tax from the date the tax is due to the date on which the funds from the tax payment become available to the State.
(2) The Commissioner may waive the penalty and interest on late payments under this subsection if the insurer proves that it:
(i) made a good faith effort to comply with the requirements of § 2-113 of this article; and
(ii) exercised due diligence to initiate payment correctly and on a timely basis.
(3) This subsection does not affect any other requirement of law for the payment of premium taxes or licensing fees by an insurer.
Structure Maryland Statutes
Section 6-101 - Scope of Subtitle
Section 6-102 - Imposition of Premium Tax
Section 6-102.1 - Recoupment of Aggregate Amount of Health Insurance Provider Fees
Section 6-103.1 - Annual Distribution to Advance Directive Program Fund
Section 6-103.2 - Annual Distribution to Maryland Health Benefit Exchange Fund
Section 6-104 - Computation of Tax
Section 6-105 - Credit for Neighborhood and Community Assistance Contributions
Section 6-105.2 - Credit for Certified Rehabilitation
Section 6-106 - Declaration of Estimated Tax
Section 6-107 - Report of Gross Direct Premiums
Section 6-108 - Penalty and Interest
Section 6-109 - Audit of Report; Assessment; Failure to File Report
Section 6-110 - Appeal to Tax Court
Section 6-111 - Dissolution or Retirement
Section 6-112 - Local Tax Prohibited
Section 6-113 - Compliance With Filing Requirement
Section 6-114 - Job Creation Tax Credit
Section 6-115 - Credit for Wages, Child Care, and Transportation for Employees With Disability
Section 6-116 - Credit for New or Expanded Business Premises
Section 6-117 - Credit for Long-Term Care Insurance
Section 6-119 - Credits for One Maryland Start-Up Costs
Section 6-120 - Credits for Cost of Commuter Benefits
Section 6-121 - Transfer of Funds to the Medical Assistance Program Account
Section 6-122 - Tax Credit for Investment of Designated Capital