(a) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(1) “Applicable law” means this Part 18, the resolutions, ordinances, codes, directives, instructions, and rules adopted by the City of Brook Park provided such resolutions, ordinances, codes, directives, instructions, and rules impose or directly or indirectly address the levy, payment, remittance, or filing requirements of a municipal income tax.
(2) “Federal short-term rate” means the rate of the average market yield on outstanding marketable obligations of the United States with remaining periods to maturity of three years or less, as determined under Section 1274 of the Internal Revenue Code, for July of the current year.
(3) “Income tax,” “estimated income tax,” and “withholding tax” mean any income tax, estimated income tax, and withholding tax imposed by a Municipal Corporation pursuant to applicable law, including at any time before January 1, 2016.
(4) “Interest rate as described in division (a) of this section” means the federal short-term rate, rounded to the nearest whole number per cent, plus five per cent (5%). The rate will apply for the calendar year next following the July of the year in which the federal short-term rate is determined in accordance with division (a)(2) of this section.
(5) “Return” includes any tax return, report, reconciliation, schedule, and other document required to be filed with the Tax Director or Municipal Corporation by a taxpayer, employer, any agent of the employer, or any other payer pursuant to applicable law, including at any time before January 1, 2016.
(6) “Unpaid estimated income tax” means estimated income tax due but not paid by the date the tax is required to be paid under applicable law.
(7) “Unpaid income tax” means income tax due but not paid by the date the income tax is required to be paid under applicable law.
(8) “Unpaid withholding tax” means withholding tax due but not paid by the date the withholding tax is required to be paid under applicable law.
(9) “Withholding tax” includes amounts an employer, any agent of an employer, or any other payer did not withhold in whole or in part from an employee's qualifying wages, but that, under applicable law, the employer, agent, or other payer is required to withhold from an employee's qualifying wages.
(b) (1) This section applies to the following:
A. Any return required to be filed under applicable law for taxable years beginning on or after January 1, 2016;
B. Income tax, estimated income tax, and withholding tax required to be paid or remitted to the City of Brook Park on or after January 1, 2016 for taxable years beginning on or after January 1, 2016.
(2) This section does not apply to returns required to be filed or payments required to be made before January 1, 2016, regardless of the filing or payment date. Returns required to be filed or payments required to be made before January 1, 2016, but filed or paid after that date shall be subject to the City of Brook Park's ordinances the were effective before January 1, 2016.
(c) The City of Brook Park will impose on a taxpayer, employer, any agent of the employer, and any other payer, and will attempt to collect, the interest amounts and penalties prescribed in this section when the taxpayer, employer, agent of the employer, or any other payer for any reason fails, in whole or in part, to make to the City of Brook Park timely and full payment or remittance of income tax, estimated income tax, or withholding tax or to file timely with the City of Brook Park any return required to be filed.
(1) Interest shall be imposed at the rate defined as “interest rate as described in division (a) of this section”, per annum, on all unpaid income tax, unpaid estimated income tax, and unpaid withholding tax. This imposition of interest shall be assessed per month, or fraction of a month.
(2) With respect to unpaid income tax and unpaid estimated income tax, a penalty equal to fifteen percent (15%) of the amount not timely paid shall be imposed.
(3) With respect to any unpaid withholding tax, the City of Brook Park may impose a penalty not exceeding fifty percent (50%) of the amount not timely paid.
(4) With respect to returns other than estimated income tax returns, the City of Brook Park shall impose a monthly penalty of twenty-five dollars ($25.00) for each failure to timely file each return, regardless of the liability shown thereon, except that a municipal corporation shall abate or refund the penalty assessed on a taxpayer's first failure to timely file a return after the taxpayer files that return. [HB 33 - 2023].
(d) With respect to income taxes, estimated income taxes, withholding taxes, and returns, the City of Brook Park will not refund or credit any penalty, amount of interest, charges or additional fees that were properly imposed or collected before January 1, 2016.
(e) The Tax Director may, in the Tax Director's sole discretion, abate penalties or interest imposed under this section when the Tax Director deems such abatement or partial abatement to be appropriate. Such abatement or partial abatement shall be properly documented and maintained on the record of the taxpayer who received benefit of such abatement or partial abatement.
(f) The City of Brook Park may impose on the taxpayer, employer, any agent of the employer, or any other payer the City of Brook Park's post-judgment collection costs and fees, including attorney's fees.
(Ord. 9984-2015. Passed 12-15-15; Ord. 11012-2018. Passed 1-23-18; Ord. 11375-2023. Passed 12-12-23.)