31.06.04.04

.04 Interest and Penalties.

A. Each taxpayer is subject to the assessment of a penalty of 5 percent of the amount not paid when due and interest at the rate specified in Tax-General Article, §13-604(b)(1), Annotated Code of Maryland, from the date the tax was due until payment is made to the Commissioner when the taxpayer fails to remit or remits less than:

(1) The amount due with:

(a) The declaration of estimated annual tax in accordance with Regulation .02C of this chapter; or

(b) Each quarterly payment report in accordance with Regulation .02D of this chapter; or

(2) The total premium tax due to be paid with the Final Report in accordance with Regulation .03 of this chapter.

B. Notwithstanding §A(1) of this regulation, the Commissioner may not assess a penalty or interest under §A(1) if:

(1) The taxpayer's declaration of estimated annual tax is at least 90 percent of the premium liability for the current year or 100 percent of the premium tax liability due for the prior tax year as shown on the Final Report on the line stating "Premium Tax Due—Entire Calendar Year"; and

(2) The taxpayer pays at least 25 percent of the estimated annual tax on or before April 15, June 15, September 15, and December 15 of the tax year.

C. Interest will be assessed at the rate of 6 percent per year from the due date of the Final Report until payment is made to the Commissioner if, following an audit by the Commissioner, an additional amount of premium tax is found to be due.

D. Penalties for Failure to Pay Retaliatory Tax.

(1) The Commissioner shall assess a penalty of 5 percent of the amount not paid when due and interest at the rate specified in Tax-General Article, §13-604(b)(1), Annotated Code of Maryland, if the taxpayer fails to pay the retaliatory tax under COMAR 31.06.02 within 30 days after the Commissioner issues a notice to the taxpayer specifying the amount due.

(2) The penalty and interest imposed under §D(1) of this regulation shall be from the 31st day after the Commissioner issues the notice until the tax is paid to the Commissioner.

E. Notwithstanding §A, B, C, or D of this regulation, the Commissioner may not impose a penalty or interest if the total amount of the interest and penalty is less than $20.