193.10 INTEREST AND PENALTIES.

   (a)   All taxes imposed and all moneys 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 and one-half percent (1.5%) per month or fraction thereof.

   (b)   In addition to interest as provided in subsection (a) hereof, penalties based on the unpaid tax are imposed as follows:

      (1)   For failure to pay taxes due, other than taxes withheld, ten dollars ($10.00) or one and one-half percent (1 1/2%) per month or fraction thereof, whichever sum is greater.

      (2)   For failure to remit taxes withheld from employees, five percent (5%) per month or twenty-five dollars ($25.00), whichever is greater.

   (c)   Exceptions. 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 within the time prescribed by the Tax Administrator; and provided, in the absence of fraud, neither penalty nor interest shall be assessed on any additional tax assessment resulting from a federal audit, provided an amended return is filed, and the additional tax is paid within three months after the final determination of the federal tax liability.

   (d)   In addition to any other interest or penalties provided herein, there shall be a penalty of ten dollars ($10.00) imposed for the failure to file a return when due.

(1979 Code 98.11; Ord. 2006-098. Passed 11-21-06.)