# HVUT Form 2290 Penalties

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## Form 2290 Penalties

Penalties for Highway tax non-compliance are costly to motor carriers. The penalty for failing to file IRS Form 2290 by August 30th is equivalent to 4.5 percent of total tax due, assessed on a monthly basis up to five months. Late filers not making a highway use tax payment also face an additional monthly penalty equal to 0.5 percent of total tax due. Additional interest charges of 0.54 percent per month accumulate as well.

Based on these rates, a Highway use tax liability that was originally $550 would climb to over $700 by the end of the five-month period of negligence. In addition to these federal penalties, many states suspend the registrations of vehicles for which proof of HVUT payment has not been provided.

HVUT evasion penalties can be even more significant, resulting in fines and imprisonment, as illustrated in the case of one owner of a small trucking company who was found guilty of HVUT evasion through the continuous re-titling of his vehicle. This case is highlighted on the HVUT Evasion Cases page. For his crime, the owner of the small trucking company was sentenced to serve four months in prison and an additional four months of electronically monitored home confinement. He was also ordered to pay a $2,000 fine.

Furthermore, penalties for HVUT non-compliance for states are even more costly. The Secretary of Transportation has the authority to withhold up to 25 percent of the state's Interstate Maintenance funds if it fails one of its periodic compliance reviews. For instance, in fiscal year 2008, SAFETEA-LU authorized $5.2 billion in contract authority to states for the Interstate Maintenance Program. Thus, it is imperative that states comply with the HVUT requirement.

When an examiner detects non-compliance, any findings should be presented to management in the FHWA division office. Based on the assessment performed by FHWA division management, the matter may need to be brought to the attention of the U.S. DOT Office of Inspector General (OIG). If the OIG launches an investigation, the compliance review report will be delayed because information presented within it could be used as evidence during the criminal investigation.

Once all criminal investigations and prosecutions are complete, a finding of non-compliance may be made public. The procedures for dealing with a finding of non-compliance are detailed in 23 CFR 369.12-369.17. In the event that a state is found to be in non-compliance, the following procedures are followed:

- The Division Administrator notifies the Governor via certified mail of the finding of nonconformity
- The state is given 30 days to request a meeting to present evidence to overturn the nonconformity finding or to identify steps taken to bring the registration program into conformity

- The state has the option to present evidence in written form

- If the finding is changed to compliant, the Administrator issues a final decision and the matter is concluded

- A finding of nonconformity requires the authorization of the Secretary of Transportation and must be served on the Governor or his or her designee

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