CHAPTER 41

An Act to amend and reenact § 58-749 of the Code of Virginia, as amended,
relating to the waiver of certain penalties for failing to file certain
reports or pay certain taxes on the resale of fuel for certain aircraft
and motor vehicles.

[S 96}

Approved February 20, 1968

Be it enacted by the General Assembly of Virginia:

1. That § 58-749, as amended, of the Code of Virginia be amended and
reenacted as follows:

§ 58-749. When any supplier shall: (1) Fail to submit its monthly
report to the Commissioner by the last day of the following month, (2)
fail to submit the data required by § 58-746 in such monthly report, or (3)
fail to pay to the Commissioner the amount of taxes hereby imposed when
the same shall be payable, or when any user-seller or user shall acquire
fuel for resale or use for the propulsion of an aircraft or a motor vehicle
upon which the tax has not been paid and fails to report as required by
§ 58-739.3 or pay the tax when due as required by § 58-746 and payment
of the tax is not sent to the Commissioner of the Division of Motor Vehi-
cles by United States mail in an envelope bearing a postmark showing that
it was mailed on the last day of the month except, in instances where the
last day of the calendar month falls on a Sunday or a legal holiday, on the
first day of the month following the last day of the month in which it
became due, there shall be automatically added thereto a penalty equal to
ten per centum of the tax, to be paid by such supplier, user-seller or user.
Thereafter the tax and penalty shall bear interest at the rate of one per
centum per month until the tax * and penalty are paid. The Commissioner
may, not more than once within a twelve month period for a particular
taxpayer, waive such penalty upon presentation of satisfactory proof
of mailing within the first three days of the month following the last day
of the month in which the tax became due.