Section 43.75.055. Security for collection of taxes.

   (a) An applicant for a license under this chapter shall, in or with the application, state under oath the amount of each of the products that the applicant expects to produce during the license year. The applicant shall further state the extent of lienable real property owned by the applicant in the state against which the tax may be collected and other information with respect to description, location, and value of the property that the department prescribes.
   (b) Except as provided in (c) and (e) of this section, if the lienable value of the property is not equal to three times the amount of the tax for which the applicant will probably be liable under this section, the department may not issue the license until the applicant files with the department a surety bond approved by the attorney general in a penal sum equal to twice the probable amount of the tax for which the applicant will be liable, conditioned upon payment of the tax in full when due, with interest and penalties if not paid before delinquency.
   (c) An applicant may elect to avoid the requirements of (a) and (b) of this section if the applicant
        (1) files a report as prescribed by the department and pays the taxes due under this chapter on or before the 15th day of the month following the month in which liability for the payment of the taxes was incurred;
        (2) pays the taxes and assessments for which the applicant is liable under AS 16.51, AS 43.76, and AS 43.77 on or before the 15th day of the month following the month in which the liability for the payment of the taxes or assessments was incurred;
        (3) remits to the department the taxes and assessments that the applicant is required to collect under AS 43.76 on or before the 15th day of the month following the month in which the taxes or assessments were required to be collected; and
        (4) either
             (A) files a bond in the amount of $50,000; or
             (B) provides the department with proof that the applicant is the owner of lienable real property in the state of a value of at least $100,000.
   (d) A bond filed under (c) of this section must be conditioned upon the payment of the taxes under (c)(1) of this section in full when due.
   (e) The department may waive the bond requirement under (b) or (c) of this section if the applicant posts other security in the form of collateral acceptable to the department or prepays the estimated tax.
   (f) An applicant that fails to pay amounts due under this section is subject to civil penalties set out under AS 43.05.220.
   (g) Real property, a surety bond, or other security being used to secure payment of the tax for the year preceding the application year may also be used to secure payment of the estimated tax for the application year if the security is acceptable to the department and the applicant has not failed to pay a tax under this chapter in a timely manner during any of the three years preceding the application year.

Authorities

43.75.030

Notes

Recent Bills that will modify this

SB 198 ROYALTY ON STATE SEAFOOD

References

AS 43.75.030 Filing return and payment of tax.

History

(Sec. 4 ch 84 SLA 1967; am Sec. 8 ch 79 SLA 1979; am Sec. 1 ch 42 SLA 2001; am Sec. 2, 3 ch 55 SLA 2003; am Sec. 3 ch 24 SLA 2005)