Ind. Admin. Code tit. 45, § 15-11-4 - Fraudulent Intent to Evade Tax

Current as of January 1, 1970

45 Iac 15-11-4 - Fraudulent Intent to Evade Tax45 Iac 15-11-4 - Fraudulent Intent to Evade Tax

45 Iac 15-11-3 - Preparation of Return by the Department 45 Iac 15-11-5 - Bad Checks; Penalty

45 IAC 15-11-4 Fraudulent intent to evade tax

Authority: IC 6-8.1-3-3

Affected: IC 6-8.1-10-4

Sec. 4. The penalty for failure to file a return or to make full payment with that return with the fraudulent intent of evading the tax is one hundred percent (100%) of the tax owing. Fraudulent intent encompasses the making of a misrepresentation of a material fact (See 45 IAC 15-5-7(f)(3)) which is known (See 45 IAC 15-5-7(f)(3)(B)) to be false, or believed not to be true, in order to evade taxes. Negligence, whether slight or great, is not equivalent to the intent required. An act is fraudulent if it is an actual, intentional wrongdoing, and the intent required is the specific purpose of evading tax believed to be owing.

(Department of State Revenue; 45 IAC 15-11-4; filed Oct 1, 1987, 1:30 pm: 11 IR 544)

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