§440. Penalty for failure to file report or remit tax
A. In case of any failure to make a report required or to make payment of the tax
imposed by R.S. 22:439, a penalty of ten percent of the amount of tax due shall be paid to
the commissioner with the tax due.
B. The commissioner may waive the payment of the penalty if all of the following
occur:
(1) There is satisfactory evidence to show that the failure to report or pay pursuant
to R.S. 22:439 was due to an unforeseen or unavoidable reason other than mere neglect.
(2) The delinquency is for no more than thirty days after the due date of the report
required by or for the payment of the tax imposed by R.S. 22:439.
C. After the lapse of thirty days, until the report is filed and the delinquent tax paid,
the commissioner may suspend or revoke the license of the delinquent surplus lines broker
to do business in this state.
D. Any penalty collected by the commissioner pursuant to this Section shall be paid
to the state treasurer and credited to the general fund.
Acts 1958, No. 125. Amended by Acts 1966, No. 176, §1; Redesignated from R.S.
22:1266 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009; Acts 2009, No. 503, §1; Acts 2021, No.
32, §1, eff. July 1, 2021.
NOTE: Former R.S. 22:440 redesignated as R.S. 22:169 by Acts 2008, No.
415, §1, eff. Jan. 1, 2009.