(A) Time for payment. In the event a determination has been made that a tax is due and owing, through audit, assessment, or other bill sent, the tax must be paid within the time frame otherwise indicated.
(B) Interest. The village hereby provides for the amount of interest to be assessed on a late payment, underpayment, or nonpayment of the tax, to be 5% per annum, based on a year of 360 days and the number of days elapsed.
(C) Late filing and payment penalties. If a tax return is not filed within the time and manner provided by the controlling tax ordinance, a late filing penalty of 5% of the amount of tax required to be shown as due on a return shall be imposed; and a late payment penalty of 5% of the tax due shall be imposed. If no return is filed within the time or manner provided by the controlling tax ordinance and prior to the village issuing a notice of tax delinquency or notice of tax liability, then a failure to file penalty shall be assessed equal to 25% of the total tax due for the applicable reporting period for which the return was required to be filed. A late filing or payment penalty shall not apply if a failure to file penalty is imposed by the controlling ordinance.
(D) Abatement of penalties. The Local Tax Administrator shall have the authority to waive or abate any late filing penalty, late payment penalty, or failure to file penalty if the Local Tax Administrator shall determine reasonable cause exists for delay or failure to make a filing.
(E) Error in past collections.
(1) Notwithstanding anything herein to the contrary, no taxpayer is liable for any error in past collections and payments that was unknown by it prior to the audit process, unless:
(a) The error was due to negligence by the taxpayer in the collection or processing of required date; and
(b) The village had not failed to respond in writing on an accurate and timely basis to any written request of the taxpayer to review and correct information used by the taxpayer to collect the village’s locally imposed and administered tax if a diligent review of such information by the village reasonably could have been expected to discover such error.
(2) If, however, an error in past collections or payments resulted in a customer, who should not have owed a locally imposed and administered tax to the village, having paid a tax to the village, then the customer may, to the extent allowed by § 9-252 of the Public Utilities Act, being 220 ILCS 5/9-252, recover the tax from the taxpayer, and any amount so paid by the taxpayer may be deducted by that taxpayer from any taxes then or thereafter owed by the taxpayer to the village.
(Ord. 10-7, passed 8-17-2010)