(a) All taxes imposed on individuals and businesses, and all monies withheld or required to be withheld by employers under the provisions of this Tax Code which remain unpaid after they become due shall bear interest as follows:
(1) For all tax imposed on individuals and businesses remaining unpaid after it becomes due, one percent (1%) per month or fraction thereof, until paid.
(2) For all tax withheld or required to be withheld by employers remaining unpaid after it becomes due, one and one-half percent (1-1/2%) per month or fraction thereof, until paid.
(b) In addition to interest as provided in subsection (a) hereof, penalties are hereby imposed as follows based on the tax remaining unpaid after it becomes due:
(1) For failure to pay taxes imposed on individuals and businesses, ten percent (10%), or twenty-five dollars ($25.00) whichever is greater.
(2) For failure to remit taxes withheld or required to be withheld from employees, fifteen percent (15%), or twenty-five dollars ($25.00) whichever is greater.
(3) Where the taxpayer has failed to file a return by the due date or by the date resulting from extension, twenty-five dollars ($25.00) even if no tax is found to be due.
(4) Where the taxpayer has failed to pay an estimated tax equal to a minimum of eighty percent (80%) of the actual tax for the current year or an amount equal to one hundred percent (100%) of the actual tax of the prior year, ten percent (10%) of the difference between the actual tax for the current year and the amount paid through withholding and estimates.
(5) No penalty or interest shall be charged against a taxpayer for the late payment or nonpayment of estimated tax if the taxpayer is an individual who resides in the municipal corporation but was not domiciled there on the first day of January of the tax year to which the estimates would be applied.
(c) Exceptions. A penalty shall not be assessed on an additional tax assessment made by the Tax Administrator when a return has been filed in good faith and the tax paid thereon within the time prescribed by the Tax Administrator; 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 (3) months after the final determination of the federal tax liability.
(d) The Tax Administrator may waive any such interest or penalties as he, in his discretion, would deem proper.
(1) Any person aggrieved by a decision by the Tax Administrator may appeal the decision in writing to the Board of Review within thirty (30) days after the Tax Administrator has issued the decision.
(Ord. 2007-3443. Passed 6-7-07.)