Page:United States Statutes at Large Volume 118.djvu/1650

 118 STAT. 1620 PUBLIC LAW 108–357—OCT. 22, 2004 (b) INCREASED CRIMINAL PENALTY.—Section 7232 (relating to failure to register under section 4101, false representations of reg istration status, etc.) is amended by striking ‘‘$5,000’’ and inserting ‘‘$10,000’’. (c) ASSESSABLE PENALTY FOR FAILURE TO REGISTER.— (1) IN GENERAL.—Part I of subchapter B of chapter 68 (relating to assessable penalties), as amended by this Act, is amended by inserting after section 6718 at the end the following new section: ‘‘SEC. 6719. FAILURE TO REGISTER. ‘‘(a) FAILURE TO REGISTER.—Every person who is required to register under section 4101 and fails to do so shall pay a penalty in addition to the tax (if any). ‘‘(b) AMOUNT OF PENALTY.—The amount of the penalty under subsection (a) shall be— ‘‘(1) $10,000 for each initial failure to register, and ‘‘(2) $1,000 for each day thereafter such person fails to register. ‘‘(c) REASONABLE CAUSE EXCEPTION.—No penalty shall be imposed under this section with respect to any failure if it is shown that such failure is due to reasonable cause.’’. (2) CLERICAL AMENDMENT.—The table of sections for part I of subchapter B of chapter 68, as amended by this Act, is amended by inserting after the item relating to section 6718 the following new item: ‘‘Sec. 6719. Failure to register.’’. (d) ASSESSABLE PENALTY FOR FAILURE TO REPORT.— (1) IN GENERAL.—Part II of subchapter B of chapter 68 (relating to assessable penalties) is amended by adding at the end the following new section: ‘‘SEC. 6725. FAILURE TO REPORT INFORMATION UNDER SECTION 4101. ‘‘(a) IN GENERAL.—In the case of each failure described in subsection (b) by any person with respect to a vessel or facility, such person shall pay a penalty of $10,000 in addition to the tax (if any). ‘‘(b) FAILURES SUBJECT TO PENALTY.—For purposes of sub section (a), the failures described in this subsection are— ‘‘(1) any failure to make a report under section 4101(d) on or before the date prescribed therefor, and ‘‘(2) any failure to include all of the information required to be shown on such report or the inclusion of incorrect informa tion. ‘‘(c) REASONABLE CAUSE EXCEPTION.—No penalty shall be imposed under this section with respect to any failure if it is shown that such failure is due to reasonable cause.’’. (2) CLERICAL AMENDMENT.—The table of sections for part II of subchapter B of chapter 68 is amended by adding at the end the following new item: ‘‘Sec. 6725. Failure to report information under section 4101.’’. (e) EFFECTIVE DATE.—The amendments made by this section shall apply to penalties imposed after December 31, 2004. 26 USC 6719 note.

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