181.37 PENALTIES ON UNPAID TAXES; EXCEPTIONS.
   (a)   In addition to interest as provided in Section 181.36, penalties based on unpaid taxes are hereby imposed as follows:
      (1)   For failure to pay taxes when due, other than taxes withheld, there shall be penalty of one and one-half percent per month or fraction of a month thereof.
      (2)   For failure to remit taxes withheld from employees, and/or to remit them when due, there shall be a penalty of five percent per month or fraction of a month thereof.
   (b)   A penalty of $25 shall be assessed for failure to file a tax return as required by this chapter.
   (c)   A penalty shall not be assessed on an additional tax assessment made by the Tax Commissioner when a return has been filed in good faith and the tax paid thereon within the time prescribed by the Tax Commissioner, provided that in the absence of fraud, neither a penalty nor interest shall be assessed on any additional tax assessment against a taxpayer by the Tax Commissioner resulting from a Federal tax audit, and provided, further, that an amended return is filed and the additional tax is paid within three months after a final determination of the Federal tax liability.
(Ord. 7087. Passed 11-10-09.)