§ 8905. Collection of tax; education; appeals
(a) Every purchaser of a motor vehicle subject to a tax under subsection 8903(a) of this title shall forward the tax form to the Commissioner, together with the amount of tax due
at the time of first registering or transferring a registration to the motor vehicle
as a condition precedent to registration of the vehicle.
(b) Every person subject to a use tax under subsection 8903(b) of this title shall forward the tax form and the tax due to the Commissioner with the registration
application or transfer, as the case may be, and fee at the time of first registering
or transferring a registration to the motor vehicle as a condition precedent to registration
of the vehicle.
(c) If the tax due under subsection (a), (b), (e), or (f) of this section is not paid
as provided, a penalty of an additional one percent of taxable cost or $150.00, whichever
is smaller, shall be added to the tax due.
(d) Every person required to collect the use tax under subsection 8903(d) of this title shall forward the tax and a report of the tax on forms prescribed and furnished by
the Commissioner at the frequency determined by the Commissioner.
(e) Every lessor of a motor vehicle shall collect the tax imposed by subsection 8903(a)
or (b) of this title from the lessee and remit it to the Commissioner at the time
of registration of the motor vehicle, in the case of the first lease of a motor vehicle,
and within 30 days after any extension of the lease or any subsequent lease of the
motor vehicle. Every lessor of a motor vehicle shall collect the tax imposed by subsection 8903(f) of this title from the lessee and remit it to the Commissioner within 30 days after the end of
the motor vehicle lease contract. If the lessor fails to collect the tax imposed by
subsection 8903(a), (b), or (f) of this title, the lessee shall pay the tax directly
to the Commissioner within the time prescribed for payment.
(f) Every person subject to the tax imposed by subsection 8903(g) of this title shall forward the tax form and the tax due to the Commissioner along with the title
application and fee at the time of applying for a certificate of title to the motor
vehicle as a condition precedent to the titling of the motor vehicle.
(g) The Commissioner shall establish procedures for taxpayers to file an appeal regarding
the taxpayer’s liability for the tax due pursuant to section 8903 of this chapter
and compliance with the requirements of this section. The procedures shall include
a process by which a taxpayer can resolve the dispute prior to the issuance of a final
administrative decision on the appeal.
(h) The Commissioner shall create educational and outreach materials for taxpayers that
provide information regarding the appeal process established pursuant to subsection
(g) of this section and opportunities to resolve disputes. (Added 1959, No. 327 (Adj. Sess.), § 5, eff. March 1, 1960; 1966, No. 66 (Sp. Sess.), § 3; 1967, No. 6, § 1, eff. Feb. 17, 1967; 1969, No. 276 (Adj. Sess.), § 9; 1975, No. 96, § 2, eff. July 1, 1976; 1983, No. 251 (Adj. Sess.), § 4, eff. Jan. 1, 1985; 1989, No. 127 (Adj. Sess.), § 6, eff. March 15, 1990; amended 1995, No. 19, §§ 5, 6, eff. April 17, 1995; 2025, No. 66, § 36, eff. July 1, 2025.)