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(a) The civil penalty under AS 43.05.220 will not be imposed if the taxpayer shows reasonable cause for delay in filing the return or paying the tax.
(b) A taxpayer who wishes to avoid the penalty established by AS 43.05.220 for failure to file a tax return or pay a tax must make an affirmative showing of all facts alleged as a reasonable cause for his or her failure to file the return or pay the tax on time in a written statement containing a declaration that it is made under penalty of perjury. The statement should be filed with the return or filed with the Department of Revenue as soon as possible thereafter. In determining whether the delinquency was due to reasonable cause and not to willful neglect, the department will apply the administrative and judicial interpretations of Internal Revenue Code Â§ 6651 and the Treasury Regulation Â§ 301.6651-1(c).
(c) Circumstances which may constitute reasonable cause under AS 43.05.220 include, but are not limited to, the following:
(1) war, riot, rebellion, act of God or other disaster which rendered it impossible to make the filing or payment or which made delay unavoidable in making the filing or payment; or
(2) acts or omissions by a third party which were beyond the control of the person making the filing or payment and which made delay unavoidable in making the filing or payment; or
(3) the person took in good faith all steps and precautions reasonably necessary to ensure the timeliness of the filing or payment.
History: Eff. 7/20/77, Register 63
Authority: AS 43.05.080
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Last modified 7/05/2006