(A) All taxes imposed and 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, in addition to the amount of the unpaid tax or withholdings, at the rate of 1.5% per month or fraction thereof, and the taxpayers upon whom such taxes were imposed by this chapter shall be liable in addition thereto, to a penalty of 10% of the amount of the unpaid tax.
(B) In addition to interest as provided in division (A) of this section, penalties for nonpayment of taxes due from taxpayers, moneys required to be withheld by employers under the provisions of this chapter, and for failure to timely file tax returns are hereby imposed as follows:
(1) In the case of taxpayers upon whom such taxes are imposed, 10% of the amount of unpaid tax if paid after the same has become due; provided that penalty shall not be assessed on an additional tax assessment made by the Tax Administrator or his or her delegate when a return has been filed in good faith and the tax paid thereon within the time prescribed by the Tax Administrator or his or her delegate; 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 the additional tax is paid within three months after final determination of the federal tax liability.
(2) In the case of taxpayers who fail to file tax returns when due as required by this chapter, the following penalties shall apply:
(a) Complete tax return, whether or not a tax be due thereon, is filed not more than 30 days late, penalty shall be $25.
(b) Complete tax return, whether or not a tax be due thereon, is filed more than 30 but not more than 120 days late, penalty shall be $50.
(c) Complete tax return, whether or not a tax be due thereon, is filed more than 120 days late, penalty shall be $100.
(3) Any annual withholding reconciliation, including employee W-2 information returns, not submitted on or before February 28 of each year, shall be subject to a penalty of $25 effective March 1 and increased by $25 the first day of each month thereafter that such employer remains in violation, to a maximum of $100. Upon written request to the Tax Administrator, a 30 day extension may be granted.
('80 Code, §§ 181.14, 181.16) (Ord. 100-90, passed 11-5-90; Am. Ord. 116-03, passed 11-17-03)