§ 44-11-26. Pecuniary penalty for failure to file return or to pay tax or for negligence.
(a) In the case of any failure to file a return within the time prescribed by law, there shall be added to the tax five percent (5%) if the failure is for not more than one month, with an additional five percent (5%) for each additional month or fraction of a month during which the failure continues, not exceeding twenty-five percent (25%) in the aggregate, except that when a return is filed after the time prescribed by law and it is shown that the failure to file the return at the prescribed time was due to reasonable cause and not due to willful neglect, no addition to the tax shall be made.
(b) In the case of any failure to pay the tax as imposed by this chapter with the return on or before the date prescribed by law (determined with regard to any extension of time for payment), there shall be added to the amount shown as tax on the return five-tenths percent (0.5%) of the amount of the tax if the failure is for not more than one month, with an additional five-tenths percent (0.5%) for each additional month or fraction of a month during which the failure continues, not exceeding twenty-five percent (25%) in the aggregate, except that when the failure is due to reasonable cause and not to willful neglect, no addition to the tax shall be made.
(c) In the case of any failure to pay any amount in respect of any tax required to be shown on a return, which is not shown, including an assessment made as a result of mathematical error, within thirty (30) days of the date of the notice and demand, there shall be added to the amount of tax stated in the notice and demand five-tenths percent (0.5%) of the amount of the tax if the failure is for not more than one month, with an additional five-tenths percent (0.5%) for each additional month or fraction of a month during which the failure continues, not exceeding twenty-five percent (25%) in the aggregate, except that when the failure is due to reasonable cause and not to willful neglect, no addition to the tax shall be made.
(d) If any part of a deficiency is due to negligence or intentional disregard of the Rhode Island business corporation tax law or rules or regulations hereunder, but without intent to defraud, five percent (5%) of that part of the deficiency shall be added to the tax. This amount shall be in lieu of any other additional amount imposed by subsection (b) of this section.
History of Section.G.L. 1938, ch. 37, § 12; P.L. 1947, ch. 1887, art. 1, § 1; G.L. 1956, § 44-11-26; P.L. 1975, ch. 188, art. 1, § 1.
Structure Rhode Island General Laws
Chapter 44-11 - Business Corporation Tax
Section 44-11-1. - Definitions.
Section 44-11-2. - Imposition of tax.
Section 44-11-2.2. - Pass-through entities — Definitions — Withholding — Returns.
Section 44-11-2.3. - Pass-through entities — Election to pay state income tax at the entity level.
Section 44-11-3. - Filing of returns — Due date.
Section 44-11-4. - Returns of affiliated groups of corporations.
Section 44-11-4.1. - Combined reporting.
Section 44-11-5. - Extension of time for filing of returns.
Section 44-11-6. - Determination and payment of tax due — Hearings and redeterminations.
Section 44-11-7. - Interest on delinquency payments.
Section 44-11-7.1. - Limitations on assessment.
Section 44-11-8. - Lien on real estate.
Section 44-11-9. - Records, statements, and rules and regulations.
Section 44-11-10. - Returns and statements required to show whether corporation liable.
Section 44-11-11. - “Net income” defined.
Section 44-11-11.2. - Definition of “treatment facility”.
Section 44-11-11.3. - Accelerated amortization deductions for certain manufacturers.
Section 44-11-12. - Dividends and interest excluded from net income.
Section 44-11-13. - Entire net income of business wholly within state.
Section 44-11-14. - Allocation of income from business partially within state.
Section 44-11-14.1. - Certified facility apportionment exclusion.
Section 44-11-14.3. - Credit card banks — Allocation and apportionment of income.
Section 44-11-14.4. - Allocation and apportionment — Retirement and pension plans.
Section 44-11-14.5. - International investment management service income.
Section 44-11-14.6. - Allocation and apportionment — Manufacturers.
Section 44-11-15. - Variation of method of allocating income.
Section 44-11-16 - — 44-11-18. Repealed.
Section 44-11-19. - Supplemental returns — Additional tax or refund.
Section 44-11-20. - Claims for refund — Hearing upon denial.
Section 44-11-22. - Tax administrator’s power to summon witnesses and evidence.
Section 44-11-23. - Service of summons.
Section 44-11-24. - Enforcement of summons.
Section 44-11-25. - Determination of tax without return.
Section 44-11-26. - Pecuniary penalty for failure to file return or to pay tax or for negligence.
Section 44-11-27. - Pecuniary penalty for fraud.
Section 44-11-28. - Collection of pecuniary penalties.
Section 44-11-29. - Notice to tax administrator of sale of assets — Tax due.
Section 44-11-29.1. - Letters of good standing — Fees.
Section 44-11-30. - Examination of taxpayer’s records — Witnesses.
Section 44-11-31. - Examinations as to liability of transferee.
Section 44-11-32. - Violations by corporations.
Section 44-11-33. - Violations by individuals.
Section 44-11-34. - Criminal penalty for failure to file return.
Section 44-11-36. - Liability of fiduciaries.
Section 44-11-37. - General collection powers.
Section 44-11-38. - Collection by writ of execution.
Section 44-11-39. - Tax as debt to state.
Section 44-11-40. - Severability.
Section 44-11-43. - Passive investment treatment.
Section 44-11-44. - Annual Rhode Island corporate income and tax data report.