(A) All taxes paid directly by the taxpayer under the provisions of this subchapter and remaining unpaid after they become due, shall bear interest at the rate of 1% per month or fraction thereof, with a minimum interest imposed of $25 per year or part thereof.
(B) On taxes withheld by employers under the provisions of this subchapter and remaining unpaid after they become due, shall bear interest at the rate of 10% per month or fraction thereof, with a minimum interest imposed of $50 per year or part thereof.
(C) In addition to the interest as imposed by divisions (A) and (B) above, the following penalties shall be imposed:
(1) For failure to pay taxes due other than taxes withheld by an employer: 2% per month or fraction thereof with a minimum of $25; and
(2) For failure of an employer to remit withheld payroll tax due: 10% per month of fraction thereof, with a minimum of $50, and the employer shall be liable for any tax which should have been withheld from employees but was not so withheld.
(D) Exception: a penalty shall not be assessed or an additional tax assessment made by the Administrator when a return has been filed in good faith and the tax paid thereon within the time prescribed by the Administrator; and provided further, that, in the absence of fraud, neither penalty not interest shall be assessed on any additional tax assessment resulting from a federal audit, providing an amended return is filed and the additional tax is paid within three months after final determination of the federal tax liability.
(E) Upon recommendation of the Administrator, the Board of Review may abate the penalty or interest, or both, or upon an appeal from the refusal of the Administrator to recommend abatement or penalty and interest, the Board may nevertheless abate the penalty or interest or both.
(Ord. 538, passed 12-7-1953; Ord. 11-1963, passed 10-21-1963; Ord. 7-1968, passed 3-4-1968; Ord. 13-1968, passed 6-3-1968; Ord. 14-1973, passed 3-19-1973; Ord. 29-1982, passed 10-4-1982; Ord. 32-1987, passed 12-21-1987) Penalty, see § 36.999