(a) If any taxpayer or employer required to file a return fails to make and file the return by the dates prescribed therein, including any extension of time granted by the Tax Commissioner, whether or not a tax is due, unless it is shown that the failure is due to reasonable cause, and not to willful neglect, a penalty of not less than fifty dollars ($50.00) shall be assessed by the Tax Commissioner. (Ord. 92-37. Passed 12-14-92.)
(b) If any employer or taxpayer fails to pay the amount of tax required to be paid by the dates described therein, unless it is shown that the failure is due to reasonable cause and not willful neglect, the higher of twenty-five dollars ($25.00) or five percent (5%) of the tax required to be shown on the return shall be assessed by the Tax Commissioner for each month or fraction thereof elapsing between the date prescribed for payment, including extensions, and the date of payment, up to twenty-five percent (25%) of the tax. In addition, the taxpayer will be liable for interest on the unpaid taxes. Such interest shall be equal to the rate established by the Internal Revenue Service. For purposes of this section the tax required to be shown on the return shall be reduced by the amount of any part of the tax which is paid on or before the date, including extensions thereof, prescribed for filing the return.
(Ord. 84-43. Passed 12-27-84.)
(c) A penalty shall not be assessed on an additional tax assessment made by the Commissioner when a return has been filed in good faith and the tax paid thereon within the time prescribed by the Commissioner; 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, providing an amended return is filed and additional tax is paid within three months after final determination of the Federal tax liability.
(d) Upon recommendation of the Commissioner, the Board of Review may abate such penalty or interest, or both, upon an appeal from the refusal of the Commissioner to recommend abatement of penalty and interest, the Board may nevertheless abate penalty or interest or both.