(A) As used in this section:
(1) "Applicable law" means this ordinance, resolutions, ordinances, codes, directives, instructions, and rules adopted by the Village of Columbus Grove provided they impose or directly or indirectly address the levy, payment, remittance, or filing requirements of the Village of Columbus Grove.
(2) "Federal short term rate" means the rate of the average market yield on outstanding marketable obligations of the United States with remaining periods to maturity of three years or less, as determined under Section 1274 of the Internal Revenue Code, for July of the current year.
(3) "Income tax" "estimated income tax," and "withholding tax" means any income tax, estimated income tax, and withholding tax imposed by the Village of Columbus Grove pursuant to applicable law, including at any time before January 1, 2016.
(4) "Interest rate as described in division (A) of this section" means the federal short-term rate, rounded to the nearest whole number percent, plus five percent (5%). The rate shall apply for the calendar year next following the July of the year in which the federal short-term rate is determined in accordance with division (A)(2) of this section.
(5) "Return" includes any tax return, report, reconciliation, schedule, and other document required to be filed with the Tax Administrator or the Village of Columbus Grove by a taxpayer, employer, any agent of the employer, or any other payer pursuant to applicable law, including at any time before January 1, 2016.
(6) "Unpaid estimated income tax" means income tax due but not paid by the date the income tax is required to be paid under applicable law.
(7) "Unpaid income tax" means income tax due but not paid by the date the income tax is required to be paid under applicable law.
(8) "Unpaid withholding tax" means withholding tax due but not paid by the date the withholding tax is required to be paid under applicable law.
(9) "Withholding tax" includes amounts an employer, any agent of an employer, or any other payer did not withhold in whole or in part from an employee's qualifying wages, but that, under applicable law, the employer, agent, or other payer is required to withhold from an employee's qualifying wages.
(B) (1) This section applies to the following:
(a) Any return required to be filed under applicable law for taxable years beginning on or after January 1, 2016.
(b) Income tax, estimated income tax, and withholding tax required to be paid or remitted to the Village of Columbus Grove on or after January 1, 2016.
(C) Should any taxpayer, employer, agent of the employer, or any other payer for any reason fails, in whole or in part, to make timely and full payment or remittance of income tax, estimated income tax, or withholding tax or to file timely with the Village of Columbus Grove any return required to be filed, the following penalties and interest apply:
(1) Interest shall be imposed at the rate of one and one-half percent (1.5%) per month on all unpaid income tax liability.
(2) (a) With respect to unpaid income tax and unpaid estimated income tax, [Municipality/City/Village] may impose a penalty equal to fifteen percent (15%) of the amount not timely paid.
(b) With respect to any unpaid withholding tax, Columbus Grove, Ohio may impose a penalty equal to fifty percent (50%) of the amount not timely paid.
(3) (a) For tax years ending on or before December 31, 2022, with respect to returns other than estimated income tax returns, Columbus Grove may impose a penalty of $25 for each failure to timely file each return, regardless of the liability shown thereon for each month, or any fraction thereof, during which the return remains unfiled regardless of the liability shown thereon. The penalty shall not exceed $150 for each failure.
(b) For tax years ending on or after January 1, 2023, with respect to returns other than estimated income tax returns, Columbus Grove may impose a penalty not exceeding $25 for each failure to timely file each return, regardless of the liability shown thereon, except that Columbus Grove shall abate or refund the penalty assessed on a taxpayer's first failure to timely file a return after the taxpayer files that return.
(D) Nothing in this section requires the Village of Columbus Grove to refund or credit any penalty, amount of interest, charges, or additional fees that the Village of Columbus Grove has properly imposed or collected before January 1, 2016.
(E) Nothing in this section limits the authority of the Village of Columbus Grove to abate or partially abate penalties or interest imposed under this section when the Tax Administrator determines, in the Tax Administrator's sole discretion, that such abatement is appropriate.
(F) The Village of Columbus Grove may impose on the taxpayer, employer, any agent of the employer, or any other payer the Village of Columbus Grove's post judgment collection costs and fees, including attorney's fees. (Ord. 2023-06. Passed 12-11-23.)