(a) Any person who, in violation of the provisions of § 32103 of this title, fails to remit the sales and use tax in the time and manner established therein, shall be subject to a penalty of not less than twenty-five percent (25%) nor greater than fifty percent (50%) of the insufficiency, as determined.(b) As for repeat offenses, the penalty provided herein shall be one hundred percent (100%) of the amount of the insufficiency, as determined.(c) For purposes of this section, the term 'insufficiency' means the excess of the amount of taxes that should have been deposited over the amount, if any, of such taxes which were deposited not later than the date established therefor.(d) The Secretary may exempt from the penalty established herein, any person who shows that the noncompliance with the provisions of § 32103 of this title was due to circumstances beyond his/her control. For such purposes, the lack of funds of the merchant shall not be considered a circumstance out of the control of the person. History —Jan. 31, 2011, No. 1, § 6043.04, retroactive to Jan. 1, 2011; Sept. 30, 2015, No. 159, § 32.