(1) Except as provided in subsection (2) of this section, if any user or seller is delinquent in remitting the tax provided by ORS § 319.530 on the date specified in ORS § 319.675, 319.681, 319.690 or 319.692, a penalty of 10 percent of the amount of the tax due shall be added to the amount due and the total shall immediately be due and payable.

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(2) If the Department of Transportation determines that the delinquency was due to reasonable cause and without any intent to avoid payment, the penalty provided by subsection (1) of this section may be waived.

(3)(a) If the excise tax imposed by ORS § 319.530 is not paid as required by ORS § 319.675, 319.681, 319.690 or 319.692, interest shall be charged at the rate of 0.0329 percent per day until the tax and interest have been paid in full.

(b) If the excise tax imposed by ORS § 319.530 is overpaid, the department may credit interest to the account of the taxpayer in the amount of 0.0329 percent per day up to a maximum amount that equals any interest assessed against the taxpayer under paragraph (a) of this subsection in any given audit period.

(4) No seller or user who incurs a tax liability as provided in ORS § 319.510 to 319.880 shall knowingly and willfully fail to report and pay the tax liability to the department as required by ORS § 319.510 to 319.880. [1959 c.188 § 18; 1963 c.226 § 8; 1971 c.149 § 3; 1987 c.158 § 51; 1987 c.610 § 18; 1999 c.769 § 14]