A. Interest On Underpayment, Nonpayment, Or Extensions Of Time For Payment Of Tax: If any amount of sales or use tax is not paid on or before the last date prescribed for payment, interest on the amount, at the rate imposed under section 2.7.1004 of this part, shall be paid for the period from the last date to the date paid. The last date prescribed for payment shall be determined without regard to any extension of time for payment and shall be determined without regard to any notice and demand for payment issued by the Director. In the case of a tax in which the last date for payment is not otherwise prescribed, the last date for payment shall be deemed to be the date the liability for the tax arises.
1. Interest prescribed under this section shall be paid upon notice and demand and shall be assessed, collected, and paid in the same manner as the tax to which it is applicable.
2. If any portion of a tax is satisfied by credit of an overpayment, then no interest shall be imposed under this section on the portion of the tax so satisfied for any period during which the overpayment is allowed.
3. Interest prescribed under this section on any sales or use tax may be assessed and collected at any time during the period within which the tax to which the interest relates may be assessed and collected.
B. Sales Or Use Tax; Deficiency Due To Negligence: If any part of the deficiency in payment of the sales or use tax is due to negligence or intentional disregard of the ordinances or of authorized rules and regulations of the City, but without intent to defraud, there shall be added a penalty of ten percent (10%) of the total amount of the deficiency, and in such case interest shall be collected at the rate as specified in section 2.7.1004 of this part, on the amount of the deficiency from the time the return was due, from the person required to file the return, which interest and penalty addition shall become due and payable within twenty (20) days after written notice and demand is made to the person by the Director.
C. Deficiency Due To Fraud: If any part of the deficiency is due to fraud with the intent to evade the tax, then there shall be added a penalty of one hundred percent (100%) of the total amount of the deficiency and in such case, the whole amount of the tax unpaid, including additions, shall become due and payable twenty (20) days after written notice and demand is made by the Director, and an additional three percent (3%) per month on the amount shall be added from the date the return was due until paid.
D. Sales Tax; Use Tax; Neglect Or Refusal To Make Return Or To Pay: If a person neglects or refuses to make a return in payment of the sales or use tax or to pay any sales or use tax as required, the Director shall make an estimate, based upon the information as may be available, of the amount of taxes due for the period for which the taxpayer is delinquent and shall add thereto a penalty equal to the sum of fifteen dollars ($15.00) for failure or ten percent (10%) of the delinquent tax, whichever is greater, and interest on the delinquent taxes at the rate imposed under section 2.7.1004 of this part plus one-half percent (1/2%) per month from the date when due, not exceeding eighteen percent (18%) interest in the aggregate. (Ord. 85-274; Ord. 91-161; Ord. 01-42)