(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-half of 1% per month or fraction thereof.
(b) In addition to interest as provided in division (a) hereof, penalties based on the unpaid tax are hereby imposed as follows:
(1) For failure to pay taxes due other than taxes withheld: 1-1/2% per month or fraction thereof.
(2) For failure to remit taxes withheld from employees: 5% per month or fraction thereof.
(c) A penalty shall not be assessed on an additional tax assessment made by the Administrator when a return has been filed in good faith and the tax paid thereon within the time prescribed by the Administrator, and, provided, further, that, in the absence of fraud, neither penalty nor interest shall be assessed on any additional tax assessment resulting from a federal audit, provided that an amended return is filed and the additional tax is paid within three months after final determination of the federal tax liability. Interest, penalty or other similar assessment or charge against a taxpayer for the late payment or nonpayment of estimated tax liability shall not be imposed in either of the following circumstances.
(1) The taxpayer is an individual who resides in the municipal corporation but was not domiciled there on the first day of January of the current calendar year;
(2) The taxpayer has remitted an amount at least equal to 100% of the taxpayer’s liability for the preceding year provided that the return for the preceding year reflected a 12-month period and the taxpayer filed a return for the preceding year.
(d) Upon recommendation of the Administrator, the Board of Review may abate penalty or interest, or both, or upon an appeal from the refusal of the Administrator to recommend abatement of penalty and/or interest, the Board may nevertheless abate penalty or interest, or both.
(Ord. 73-O-66, passed 11-20-1973; Ord. 04-O-2146, passed 7-6-2004)