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(a) All taxes imposed and all monies withheld or required to be withheld by employers under the provisions of this chapter and remaining unpaid ten days after they become due shall bear interest at the rate of one and one-half percent per month or any portion thereof.
(b) In addition to interest as provided in subsection (a) hereof, penalties based on the unpaid tax are hereby imposed as follows:
(1) For failure to pay taxes due, other than taxes withheld: one-half of one percent per month or fraction thereof, or ten percent, whichever is greater.
(2) For failure to remit taxes withheld from employees: three percent per month or fraction thereof, or ten percent, whichever is greater.
(3) Where the taxpayer has failed to file a declaration on which he or she has estimated and paid a tax equal to or greater than the tax paid for the previous year, or has failed to file a declaration on which he or she has estimated and paid tax equal to or greater than ninety percent of the actual tax for the year, or has failed to file a final return and pay the total tax on or before the end of the month following the end of his or her taxable year: ten percent of the difference between ninety percent of the actual tax for the year and the amount paid through withholding or declaration.
(4) Except in the case of fraud, the penalty shall not exceed fifty percent of the unpaid tax.
(c) A penalty shall not be assessed on an additional tax assessment made by the Superintendent when a return has been filed in good faith and the tax paid thereon within the time prescribed by the Superintendent, provided that, in the absence of fraud, neither penalty nor interest shall be assessed on any additional tax assessment resulting from a Federal audit, provided an amended return is filed and the additional tax is paid within three months after final determination of the Federal tax liability.
(d) Upon recommendation of the Superintendent, the Board of Adjudication may abate penalty or interest, or both.
(e) In no case shall penalty and interest charges be levied when the total of such penalty and interest amounts to less than five dollars ($5.00).
(f) Any person required to withhold the tax who knowingly fails to withhold such tax, or to pay over such tax, or knowingly attempts in any manner to evade or defeat such tax or the payment thereof, shall, in addition to other penalties provided by law, be liable to a penalty equal to the total amount of the tax evaded, or not withheld, or not paid over. No other penalty under this section shall be applied to any offense to which this penalty is applied.
(g) Interest but no penalty will be assessed where an extension has been granted by the Superintendent and the final tax paid within the period as extended.
(h) A late filing fee of twenty-five dollars ($25.00) is hereby established, with this charge to be assessed for failure to or refusal to file a City income tax return each year whether or not a tax is due. This late fee shall not be assessed against an individual taxpayer for the first year for which a return was required to be filed, providing the taxpayer files a complete return within six months after notification by the Superintendent to the taxpayer of the filing requirement.
(Ord. 2004-16. Passed 12-21-04.)