(a) All taxes imposed and moneys withheld or required to be withheld by employers under the provisions of this chapter, remaining unpaid after they become due, shall bear interest at the rate of one percent (1%) per month.
(b) In addition to interest as provided in subsection (a) herein, penalties for failure to pay taxes and to withhold and remit taxes pursuant to the provisions of this chapter are hereby imposed as follows:
(1) In the case of taxpayers failing to pay the full amount of tax due, a penalty of the higher of five dollars ($5.00) or one percent per month or fraction thereof of the amount of the unpaid tax, if the tax is paid during the first six months after such tax became due; a penalty of two percent per month, or fraction thereof of the unpaid tax, if such tax is paid between the seventh and twelfth months after such tax became due; and a penalty of four percent per month, or fraction thereof of the amount of the unpaid tax, if such tax is paid later than twelve months after it became due. The percentages herein specified when used shall apply from the first month of delinquency.
(2) In the case of employers who fail to withhold and remit to the Tax Commissioner the taxes to be withheld from employees, a penalty of the higher of ten dollars ($10.00) or two percent per month, or fraction thereof of the unpaid withholding, if paid during the first three months after it was due; a penalty of four percent per month, or fraction thereof of the unpaid withholding if paid curing the fourth to sixth month, inclusive, after it was due; and a penalty of five percent per month or fraction thereof of the unpaid withholding if paid later than six months after it was due.
(c) In addition to interest and penalties as provided in subsections (a) and (b) hereof, penalties for failure to file any return required by this chapter, whether annual or for any shorter period, within the times permitted by this chapter are imposed as follows:
Penalty | Complete Tax Return is Filed |
$25.00 | Not more than 30 days after due date. |
50.00 | More than 30 days but less than 120 days after due date. |
100.00 | More than 120 days after due date. |
(Ord. 29-93. Passed 11-3-93.)