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Ch. 14
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778
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LAWS OF MARYLAND
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DEALER ARE INADEQUATE OR INCORRECT AND THAT THE AMOUNT OF
EXCISE TAX COLLECTED FOR THE ADMINISTRATION ON THESE
SALES CANNOT BE DETERMINED ACCURATELY FROM THE RECORDS:
(1) THE ADMINISTRATION SHALL DETERMINE THE
TAXABLE SALES OF THE DEALER FOR THE PERIOD INVOLVED AND
COMPUTE THE TAX FROM THE BEST INFORMATION AVAILABLE; AND
(2) THE DETERMINATION AND COMPUTATION OF THE
ADMINISTRATION ARE PRIMA FACIE CORRECT.
(D) DEFICIENCY ASSESSMENT,
(1) IF, UNDER SUBSECTION (C) OF THIS SECTION,
THE ADMINISTRATION DETERMINES THE SALES OF VEHICLES AND
COMPUTES THE TAX DUE, IT SHALL:
(I) LEVY A DEFICIENCY ASSESSMENT AGAINST THE
DEALER IN THE AMOUNTS SPECIFIED IN ARTICLE 81, §345(1)
AND (2) OF THE CODE; AND
(II) NOTIFY THE DEALER OF THE TAX DUE AND OF
THE AMOUNT OF THE DEFICIENCY ASSESSMENT.
(2) IF THE DEALER FAILS TO PAY THE TAX AND
ASSESSMENT WITHIN 10 DAYS AFTER RECEIVING THE NOTICE FROM
THE ADMINISTRATION, THE ADMINISTRATION MAY LEVY, IN
ADDITION TO THE TAX AND ASSESSMENT, A PENALTY EQUAL TO
25 PERCENT OF THE TAX DUE.
(E) COMPUTATION OF TAX IN ABSENCE OF RECORDS.
IF A DEALER FAILS TO KEEP ANY RECORDS OF SALES OF
VEHICLES, THE ADMINISTRATION MAY COMPUTE THE TAX DUE AS
PROVIDED IN ARTICLE 81, § 357(B) OF THE CODE.
(F) MANNER OF CREDITING AMOUNTS RECEIVED FROM
DEALER.
ALL AMOUNTS RECEIVED FROM ANY DEALER UNDER THIS
SECTION SHALL BE CREDITED:
(1) FIRST, TO ANY PENALTY AND INTEREST
ACCRUED UNDER THIS SECTION; AND
(2) THEN, TO THE TAX DUE.
REVISOR'S NOTE: This section presently appears as
Art. 66 1/2, §§3-113(d) and 3-832.
Throughout this section, present references to
a statute "as amended from time to time" are
deleted as unnecessary in light of Art. 1, §21
of the Code.
In subsection (a) of this section, the term
"licensed dealer" is substituted for the
present reference to "any dealer" for clarity.
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