§ 87 — Penalty for non‑payment of tax and enforcement of payment

87.—(1) Subject to subsection (2), if any tax is not paid within the periods prescribed in section 85 —(a)

a sum equal to 5% of the amount of tax payable is added thereto, and the provisions of this Act relating to the collection and recovery of tax apply to the collection and recovery of such sum;

(b)

the Comptroller must serve a demand note upon the person assessed and if payment is not made within one month from the date of the service of such demand note, the Comptroller may proceed to enforce payment as hereinafter provided;

(c)

despite paragraphs (a) and (b), if the amount of tax outstanding is not paid within 60 days of the imposition of the penalty as provided by paragraph (a), an additional penalty of 1% of the tax outstanding is payable for each completed month that the tax remains unpaid, but the total additional penalty must not exceed 12% of the amount of tax outstanding, and the provisions of this Act relating to the collection and recovery of tax apply to the collection and recovery of such additional penalty; and

(d)

penalties imposed under paragraphs (a), (b) and (c) are not deemed to be part of the tax paid for the purpose of claiming relief under any of the provisions of this Act.

(2) The Comptroller may for any good cause shown remit the whole or any part of the penalty due under subsection (1).

(3) In this section, “tax” includes any interest imposed under section 85(2).

—(1) Subject to subsection (2), if any tax is not paid within the periods prescribed in section 85 —(a)

a sum equal to 5% of the amount of tax payable is added thereto, and the provisions of this Act relating to the collection and recovery of tax apply to the collection and recovery of such sum;

(b)

the Comptroller must serve a demand note upon the person assessed and if payment is not made within one month from the date of the service of such demand note, the Comptroller may proceed to enforce payment as hereinafter provided;

(c)

despite paragraphs (a) and (b), if the amount of tax outstanding is not paid within 60 days of the imposition of the penalty as provided by paragraph (a), an additional penalty of 1% of the tax outstanding is payable for each completed month that the tax remains unpaid, but the total additional penalty must not exceed 12% of the amount of tax outstanding, and the provisions of this Act relating to the collection and recovery of tax apply to the collection and recovery of such additional penalty; and

(d)

penalties imposed under paragraphs (a), (b) and (c) are not deemed to be part of the tax paid for the purpose of claiming relief under any of the provisions of this Act.

(2) The Comptroller may for any good cause shown remit the whole or any part of the penalty due under subsection (1).

(3) In this section, “tax” includes any interest imposed under section 85(2).