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(a) No person shall:
(1) Fail, neglect or refuse to make any return or declaration required by this chapter; or
(2) Make any incomplete, false or fraudulent return; or
(3) Knowingly fail or refuse to pay the tax, penalties or interest imposed by this chapter; or
(4) Knowingly fail or refuse to withhold the tax from his or her employees and remit such withholding to the Superintendent; or
(5) Refuse to permit the Superintendent or any duly authorized agent or employee to examine his or her or his or her employer's books, records, papers and copies of Federal income tax returns relating to the income or net profits of a taxpayer; or
(6) Fail to appear before the Superintendent and to produce his or her or his or her employer's books, records, papers or copies of Federal income tax returns relating to the income or net profits of a taxpayer upon order or subpoena of the Superintendent; or
(7) Refuse to disclose to the Superintendent any information with respect to the income or net profits of a taxpayer; or
(8) Fail to comply with the provisions of this chapter or any order or subpoena of the Superintendent; or
(9) Attempt to do anything whatever to avoid the payment of the whole or any part of the tax, penalties or interest imposed by this chapter.
(b) Any person subject to the provisions of this chapter, who has failed to file or has filed an incorrect return or has failed to pay the full amount of tax due, shall not be deemed to have committed an offense punishable under the provisions of this section until the assessment issued against him or her under the provisions of Section 193.08 has become due and payable.
(c) Any person who has filed a return under the provisions of this chapter, indicating the amount of tax due, and who has failed to pay said tax, together with any penalties or interest that may have accrued thereon, shall not be deemed to have committed an offense for having knowingly failed to pay the tax, penalties or interest due as provided in paragraph (a)(3) hereof until the date of the filing of such return.
(d) The term "person," as used in this section, shall, in addition to the meaning prescribed in Section 193.02, include, in the case of an association or corporation not having any partner, member or officer within the City of Brookville, any employee or agent of such association or corporation who can be found within the corporate limits of the City of Brookville.
(e) All prosecutions under this section must be commenced within the periods provided for in Ohio R.C. 718.12.
(f) The failure of any employer or taxpayer or other person to receive or procure a return, declaration or other required form shall not excuse him or her from making any information return, return or declaration, from filing such forms, or from paying the tax.
(Ord. 2004-16. Passed 12-21-04.)