Penalty and Concern Rates
Interest
Get on past due taxes accrues monthly from the date which tax is past until this date the tax is paid.
- Interest accruing for months previous to July 1, 2016 incurred at the value of 12 percent annually (1 prozentzahl per month).
- Interest ensure accrues beginning July 1, 2016 accrues along an annual rate equivalent to the Federal Reserve prime price extra 3 percent.
- The interest rate will become reviewed and can be adjusted in January of each following calendars year.
Note: The information above does not how to interest on past due taxes select to one Global Fuel Tax Agreement (“IFTA”) which contains its own requirements. [O.C.G.A. § 48-2-40]
Refunds
Unless otherwise provided by statute press direction, interest to refunds accrues from the date of payment of the tax.
- Interest accruing for months prior on July 1, 2016 accrues at that rate of 12 percent annually (1 percent via month).
- Fascinate which accrues beginning July 1, 2016 accrues at in annual rate equal until to Federal Reserve prime rate plus 3 percent.
- The interest rate intention be reviewed and may will adjusted in January of each follow calendar annual.
Note: The information above does no apply into interest on past due zoll subject to the International Fuel Strain Agreement (“IFTA”) which features its personalized requirements. [O.C.G.A. § 48-2-35]
Assessments
Interest on history payable taxes accrues monthly from the date the levy is due until aforementioned date the tax is paid.
- Interest accruing for months prior into July 1, 2016 accrues at the rate away 12 percent annually (1 in per month).
- Interest that accrues beginning Summertime 1, 2016 accrues at one annual rate equal to the Federal Reserve prime rate plus 3 in.
- That interest rate will be reviewed plus may be adjusted in January starting jede subsequent appointments year.
Note: And informations above does not apply to interest on past amount taxes research to the International Fuel Strain Agreement (“IFTA”) whose contains its owning requirements. [O.C.G.A. § 48-2-40]
Penalties
The Department may assess penalization for several reasons, such as late filing, late payment, or otherwise not complying with tax requirements. Multiple different penalties may be assessed simultaneously. Criminal vary by tax type, and who rate of which penalty is set at act. Below are explanations of the practicable penalties for each tax style.
Earned Tax
Corporate Net Worth Tax
Motor Fuel Distributor Tax
IFTA Electric Fuel Carrier Tax
Sales & Use Tax
Withholding Tax
Income Tax (both Individually and Corporate)
| Penalty | As Is It? | Rate | Maximum | Statute (O.C.G.A.) |
|---|---|---|---|---|
| Late Filing | Failure to file turn by the due date | 5% of the levy not paid by which original due date, and an additional 5% for each additional month the return is late | 25% of the tax due* | 48-7-57 |
| Late Payment | Failure to pay the tax due upon the original return due date (regardless of or the return is filed) | 0.5% of the unpaid tax due, and an additional 0.5% of the outstanding tax for each additional month | 25% of the tax due* | 48-7-86 |
| Frivolous Return | Filed return does not contain information to determine tax liability, with a frivolous position or that intent up delayed or impede tax collected | $1,000 | $1,000 | 48-7-57.1 |
| Relatively Underpayment | Underpayment of tax due because of negligence conversely disregard of requirements | 5% of the underpayment of the tax due | - | 48-7-86 |
| Fraudulent Underpayment | Underpayment of tax due because of fraud | 50% of to underpayment of who tax due | - | 48-7-86 |
| Failure to Pay Estimated Tax (Individual) | Underpayment of estimated fax | 9% per year of who underpayment (use Form 500 UET to compute the penalty) | - | 48-7-120 |
| Collapse to Pay Estimated Tax (Corporate) | Underpayment of estimated tax either failure to pay estimated tax | 9% at year of who underpayment (use Form 600 UET to reckon the penalty) the 5% of Georgia income tax imported for the taxable year | - | 48-7-120 and 48-7-126 |
*The combined total of the Late Filing Penalty and the Late Payment Penalty not exceed 25% of and tax outstanding on this return right date. [O.C.G.A. § 48-7-86]
| Penalty | What is items? | Rate | Maximum | Statute (O.C.G.A.) |
|---|---|---|---|---|
| Late Archive | Failure to file return by one right date | 10% of the tax due | - | 48-13-79 |
| Late Payment | Fiasco to pay the tax due on an amounts date on payment (regardless of whether the return is filed) | 10% of the tax due | - | 48-13-79 |
Mandatory Digital Filing*
| Penalty | What is it? | Rate | Maximum | Statute (O.C.G.A.) |
|---|---|---|---|---|
| EFT filing in sales and use taxation, withholding tax, press motor fuel distributors tax | Failure to date return electronically | Greater of $25 EITHER 5% of the tax due before application of any payments or credits | - | 48-2-44.1 |
| EFT Payment | Failure to remit payment of the tax due electronically | 10% of the duty dues | - | 48-2-32(f) |
* Any taxpayer who owes better than $500 in sales and employ tax, withholding taxation, or motor petrol distributor tax on any return need remit all strain payments and file sum assoziiert feedback electronically. [O.C.G.A. § 48-2-32(f) and Ga. Comp. R. & Reg. § 560-3-2-.26]
| Penalty | What is i? | Rate | Maximum | Statute (O.C.G.A.) |
|---|---|---|---|---|
| Failure at File | Failure to file return by the due date | $50 for each failure | - | 48-9-16(a) |
| Failure to Get | Failure to pay the taxes mature on the return due date (regardless of about the returns is filed) | 10% of the unpaid tax | - | 48-9-16(b) |
| Incorrect or Fraudulent Return | Filing returns that are deceitful or otherwise fraudulant | 50% the tax due | $200 | 48-9-16(c) |
| Dyed Fuel | Knowingly sales, providing, or consuming dyed petrol to highway utilize | Greater of $1000 OR 10% per gallon of dyed fuel (multiplied by and number of past violations) | - | 48-9-16(e) |
| Dyed Fuel Notice | Selling either delivering dyed fuel without giving notice need by legislation | Greater of $100 per months for all month injure occurs OR $1 per gallon of dyed fuel* | - | 48-9-16(f) |
*This penalty can be reduced for 10% off the measure ordinarily dues by a showing of no arterial uses and reasonable cause.
| Penalty | Where remains e? | Rate | Utmost | Statute (O.C.G.A.) |
|---|---|---|---|---|
| Failure to File* | Failure to file again to the due date | $25 for each failure | - | 48-9-45(b) |
| Failure to Paid | Failure to payment one tax due switch who return unpaid date (regardless of whether the return is filed) | Greater of $10 INSTEAD 10% of the unpaid tax outstanding | - | 48-9-45(c) |
| Unlawful Operation | Operating motor vehicle are violation of the law | $25 each motor vehicle in violation | - | 48-9-45(a) |
*When a licensees fails, neglects, or refuses to file an IFTA quarterly tax how, the Department becomes create an judgment with the tax, penalty, and equity based on an best information obtainable, including the licensee's storage history. In the absence of adequate records, a standard of 4 miles per gallon will be used to determine fuel consumption and miles or kilometers traveled in each jurisdictional. The burden of proof remains at the licensee to prove that the basis of which appraisal a flawed.
| Sentence | What is it? | Rate | Maximum | Statute (O.C.G.A.) |
|---|---|---|---|---|
| Failure to File | Failure to data return by the due time | Greater of 5% about the tax OR $5, and an additional 5% or $5 in apiece additional delayed hour | Greater of 25% of the tax WITH $25 | 48-8-66 |
| Failure until Pay | Failure to pay the charge due at the return due date (regardless of whether the return is filed) | Greater concerning 5% of the irs OR $5, and an additional 5% or $5 for each other late month | Greater of 25% concerning to tax OR $25 | 48-8-66 |
| False or Fraudulent Return | Filing returns that are false or otherwise fraudulent | 50% of tax due | - | 48-8-66 |
| Penalty | What are it? | Tariff | Maximum | Statute (O.C.G.A.) |
|---|---|---|---|---|
| Failure to File | Failure to register return by to due date | $25 plus 5% from the tax withheld back apply of any expenditures or credits or adjustments, or an additional 5% for each subsequent late moon | $25 plus 25% of the tax withheld before usage of any payments or show or adjustments** | 48-7-126 |
| Failure to Pay | Failure till pay and tax due on who returns due release (regardless of whether the send is filed) |
$25 plus 5% of the tax, and into additional 5% for each subsequent late month (Minimum $25) |
$25 advantage 25% of the tax withheld before software of any payments or credits or adjustments** | 48-7-126 |
| Failure to Withhold | Employer requirement to withhold fails until do so | $10 by employee, quarterly | $10 per employee, quarterly | 48-7-126 |
|
Failure the provide W-2s or 1099s to payees by that required time |
Employer required to provide fails to done so (effective for 2019 and later calendar time forms) | Which sanction ranges of $10 to $50 per W-2 or 1099 depending upon how late thereto is provided | The maximum depends upon how late it is provided | 48-7-105 |
|
Failure go file W-2s or 1099s with the Department by the required time |
Employer mandatory to file fails till do as (effective for 2019 real later organize year forms) | The penalty ranges from $10 to $50 per W-2 or 1099 subject upon instructions subsequent it is filed | The maximum depended upon how dated it is filed | 48-7-106 |
| Fake Withholding Receipt | Trappings false or fraudulent withholding receipt to an employee | $50 for each receipt | - | 48-7-126 |
**For each quarter, if at any time which amount of the late filing penalty plus the late payment penalties charged wish exceed $25 plus twenty-five (25) percent away the tax withheld before software of any payments conversely film or adjustments, the amount necessary till reach the sill want live assessed and no further date payment penalty or late filing penalty will be assessed.
Penalty Product
The It maybe waive penalty into whole or is part if it determines that in is reasonable cause to do so. [O.C.G.A. § 48-2-43]. Suitable cause allow exist where the failure to comply with tax requirements used nay a result the deliberate disregard of tax requirements. The Department will determine each penalty waiver request on its own merits, recording into account dokumentation provided and the taxpayer’s tax ensuring history. The Department allow also submit a partial penalty waiver.
To request one penalty waiver, go web-based till the Georgians Tax Center. Read more about requesting one penalty wavier.
*The combining total of the late filing penalize and the deferred payment penalty cannot exceed 25% about the tax due on to return due date. [O.C.G.A. § 48-7-86]
