35-5-19. Interest and penalty for delinquency in filing return or payment of tax--Reduction of penalty for reasonable cause--Additional amount added for false return--Collection and enforcement. Any person required to file returns or reports under this chapter, who fails to file a return or report or pay the tax when due is subject to interest and penalty at the rates set forth in § 10-59-6. However, for a reasonable cause shown, the secretary may reduce or eliminate the penalty. If any licensee files a false or fraudulent return, an amount equal to the tax evaded, or attempted to be evaded, shall be added to the tax. Penalty and interest are considered the same as tax for the purposes of collection and enforcement including liens, distress warrants, and criminal violations. Any payment received for taxes, penalty, or interest is applied first to tax, beginning with the oldest delinquency, then to interest and then to penalty. No court may enjoin the collection of the tax or civil penalty.
Source: SDC 1939, § 5.0239 as added by SL 1963, ch 12, § 2; SDC Supp 1960, § 5.0238-1; SDCL §§ 35-5-18, 35-7-7; SL 1971, ch 211, § 90; SL 1983, ch 28, § 48; SL 1983, ch 265; SL 1984, ch 319, § 22; SL 1988, ch 296; SL 2018, ch 213, § 120.
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