Penalty for failure to collect or pay commodities transaction tax: unpaid tax or daily penalty capped at unpaid tax. The provision penalises an assessee who fails to collect or to remit the commodities transaction tax: failure to collect attracts a penalty equal to the tax not collected, payable alongside the tax and any statutory interest; failure to remit attracts a continuing daily penalty alongside the tax and interest, subject to a cap that the total penalty may not exceed the unpaid tax.