(a) All taxes imposed and all monies withheld or required to be withheld by employers under the provisions of this Chapter and remaining unpaid after they become due shall bear interest at the rate of one percent (1%) per month or fraction 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 when due, other than taxes withheld: three percent (3%) per month, or ten dollars ($10.00), whichever is greater.
(2) For failure to remit taxes withheld, or required to be withheld from employees: three percent (3%) per month, or ten dollars ($10.00), whichever is greater.
(3) An underpayment penalty shall be imposed, if the estimated tax payments and withholding equal less than ninety percent (90%) of the final tax liability, except when payment due on the final return is less than one hundred dollars ($100.00).
(4) When the estimated declaration payments and withholding equal or exceeds the previous tax year's liability, no penalty shall be due.
(5) A minimum charge of ten dollars ($10.00) shall be imposed for failure to file any return that the City requires to be filed by provisions of this Chapter.
(6) A taxpayer that currently resides in the City, but was not domiciled in the City on the first day of January of the current calendar year, is not subject to any penalty and interest charges for the late payment or non-payment of estimated tax liability. (Section 718.08(e) of the Ohio Revised Code).
(c) Exceptions. A penalty shall not be assessed on an additional tax assessment made by the Tax Administrator when a return has been filed in good faith and the tax paid thereon within the time prescribed by the Tax Administrator. In the absence of fraud, neither penalty nor 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 (3) months after final determination of the federal tax liability.
(d) Upon recommendation of the Tax Administrator, the Board of Review may abate penalty or interest, or both, or upon an appeal from the refusal of the Tax Administrator to recommend abatement of penalty and interest, the Board may abate penalty or interest, or both.
(Ord. 2-05-O. Passed 2-14-05.)