Sec. 10-228.01. Payment and assessment

The tax shall be paid by the person who sells, uses, stores, consumes, or steals the controlled dangerous substances subject to the tax. The tax is payable for each separate taxable event and every person who is a party to the event is jointly and severally liable for the payment of the tax, but the tax is not duplicated when there is in fact only one (1) transaction or event.

The tax shall be due upon the event of the sale, use, storage, or consumption of taxable controlled dangerous substances and is payable to the Director within fifteen (15) days following the taxable event.

When the tax is not timely paid, the Director shall give notice of assessment to each person deemed liable for the unpaid tax (including any penalty and interest due), stating the amount owed and demanding payment thereof, provided that the Director under reasonable standards, uniformly applied, determines that the giving of the notice and the collection of the amount due are practicable. Failure to give or receive notice does not relieve a taxpayer of the obligation and liability for payment of any tax, interest, and penalty due.

Notice of assessment, and notice of lien, under this Subdivision shall be given not more than three (3) years after the sale, use, storage, or consumption of the controlled substances; or after the seizure of records pursuant to an investigation of sales, use, storage, or consumption of such substances; or after the disposition of criminal charges, or arrest or indictment resulting from the sale, use, storage, or consumption of such substances, whichever occurrence is latest in time.

If written records, receipts, or other evidence or information demonstrate that controlled substances have been sold, used, stored, or consumed by any person, the Director may use such information to establish the amount of and to collect tax under the provisions of this Subdivision.

All taxes upon controlled substances which are not paid within fifteen (15) days following the due date shall be overdue, and from and after that date they shall bear interest at the rate of 2.5% for each month and fraction thereof, and penalty at the rate of 2.5% for each month and fraction thereof, until paid.

Taxes, penalties, and interest assessed under this Subdivision shall not abate by death of taxpayer.