§ 1145. Penalties and interest. (a) (1) (i) Any person failing to file\na return or to pay or pay over any tax to the tax commission within the\ntime required by or pursuant to this article (determined with regard to\nany extension of time for filing or paying) shall be subject to a\npenalty of ten percent of the amount of tax due if such failure is for\nnot more than one month, with an additional one percent for each\nadditional month or fraction thereof during which such failure\ncontinues, not exceeding thirty percent in the aggregate. Provided,\nhowever, in the case of a failure to file such return within sixty days\nof the date prescribed for filing of such return by or pursuant to this\narticle (determined with regard to any extension of time for filing),\nthe penalty imposed by this subparagraph shall not be less than the\nlesser of one hundred dollars or one hundred percent of the amount\nrequired to be shown as tax on such return. For the purpose of the\npreceding sentence, the amount of tax required to be shown on the return\nshall be reduced by the amount of any part of the tax which is paid on\nor before the date prescribed for payment of the tax and by the amount\nof any credit against the tax which may be claimed upon the return. In\nthe case of a failure to file a return by a person required to register\nwith the tax commission as provided in section eleven hundred\nthirty-four, in no event shall the penalty for failure to file a return\nbe less than fifty dollars.\n (ii) If any amount of tax is not paid on or before the last date\nprescribed in this article for payment, interest on such amount at the\nrate of fourteen and one-half percent per annum or at the underpayment\nrate set by the commissioner pursuant to section eleven hundred\nforty-two of this part, whichever is greater, shall be paid for the\nperiod from such last date to the date paid, whether or not any\nextension of time for payment was granted. Interest under this\nsubparagraph shall not be paid if the amount thereof is less than one\ndollar.\n (iii) If the commissioner of taxation and finance determines that such\nfailure or delay was due to reasonable cause and not due to willful\nneglect, he shall remit all of such penalty and that portion of such\ninterest that exceeds the interest that would be payable if such\ninterest were computed at the underpayment rate set by the commissioner\nof taxation and finance pursuant to section eleven hundred forty-two.\nThe commissioner shall promulgate rules and regulations as to what\nconstitutes reasonable cause.\n (iv) Provided, however, in the case of a long-form, part-quarterly\nreturn, no penalty or interest shall be payable with respect to a return\nand payment of estimated tax required to be filed and paid under\nsubdivisions (a) and (b) of section eleven hundred thirty-seven-A for\nMarch, nineteen hundred seventy-six, nineteen hundred seventy-seven,\nnineteen hundred seventy-eight, nineteen hundred seventy-nine, nineteen\nhundred eighty, nineteen hundred eighty-one and nineteen hundred\neighty-two, if such returns are timely filed, accompanied by a payment\nof not less than ninety percent of the tax as finally determined to be\ndue and payable for March, nineteen hundred seventy-six, nineteen\nhundred seventy-seven, nineteen hundred seventy-eight, nineteen hundred\nseventy-nine, nineteen hundred eighty, nineteen hundred eighty-one and\nnineteen hundred eighty-two. Provided, further, that interest, at the\nrate authorized under subdivision nine of section eleven hundred\nforty-two, shall be payable upon the amount of any underpayment of the\ntax due with the returns due on March twentieth, nineteen hundred\nseventy-six, nineteen hundred seventy-seven, nineteen hundred\nseventy-eight, nineteen hundred seventy-nine, nineteen hundred eighty,\nnineteen hundred eighty-one and nineteen hundred eighty-two, for the\nperiod of such underpayment, but not beyond the due date of the next\npart-quarterly retur
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