(A) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
APPLICABLE LAW. This chapter, the resolutions, ordinances, codes, directives, instructions and rules adopted by the municipality; provided such resolutions, ordinances, codes, directives, instructions and rules impose or directly or indirectly address the levy, payment, remittance, or filing requirements of a municipal income tax.
FEDERAL SHORT-TERM RATE. The rate of the average market yield on outstanding marketable obligations of the United States with remaining periods to maturity of three years or less, as determined under § 1274 of the Internal Revenue Code, for July of the current year.
INCOME TAX, ESTIMATED INCOME TAX and WITHHOLDING TAX. Any income tax, estimated income tax and withholding tax imposed by a municipal corporation pursuant to applicable law, including at any time before January 1, 2016.
INTEREST RATE. The federal short-term rate, rounded to the nearest whole number percent, plus 5%. The rate shall apply for the calendar year next following the July of the year in which the FEDERAL SHORT-TERM RATE is determined in accordance with this section.
RETURN. Any tax return, report, reconciliation, schedule and other document required to be filed with a Tax Administrator or municipal corporation by a taxpayer, employer, any agent of the employer or any other payer pursuant to applicable law, including at any time before January 1, 2016.
UNPAID ESTIMATED INCOME TAX. Estimated income tax due but not paid by the date the tax is required to be paid under applicable law.
UNPAID INCOME TAX. Income tax due but not paid by the date the income tax is required to be paid under applicable law.
UNPAID WITHHOLDING TAX. Withholding tax due but not paid by the date the withholding tax is required to be paid under applicable law.
WITHHOLDING TAX. Amounts an employer, any agent of an employer or any other payer did not withhold in whole or in part from an employee’s qualifying wages, but that, under applicable law, the employer, agent or other payer is required to withhold from an employee’s qualifying wages.
(B) (1) This section shall apply to the following:
(a) Any return required to be filed under applicable law for taxable years beginning on or after January 1, 2016; and
(b) Income tax, estimated income tax and withholding tax required to be paid or remitted to the municipality on or after January 1, 2016 for taxable years beginning on or after January 1, 2016.
(2) This section does not apply to returns required to be filed or payments required to be made before January 1, 2016, regardless of the filing or payment date. Returns required to be filed or payments required to be made before January 1, 2016, but filed or paid after that date shall be subject to the ordinances or rules, as adopted from time to time before January 1, 2016 of this municipality.
(C) The municipality shall impose on a taxpayer, employer, any agent of the employer, and any other payer, and will attempt to collect, the interest amounts and penalties prescribed in this section when the taxpayer, employer, any agent of the employer, or any other payer for any reason fails, in whole or in part, to make to the municipality timely and full payment or remittance of income tax, estimated income tax, or withholding tax or to file timely with the municipality any return required to be filed.
(1) Interest shall be imposed at the rate defined as INTEREST RATE as described in division (A) of this section, per annum, on all unpaid income tax, unpaid estimated income tax and unpaid withholding tax. This imposition of interest shall be assessed per month, or fraction of a month.
(2) With respect to unpaid income tax and unpaid estimated income tax, a penalty equal to 15% of the amount not timely paid shall be imposed.
(3) With respect to any unpaid withholding tax, a penalty not exceeding 50% of the amount not timely paid shall be imposed.
(4) For tax years ending on or before December 31, 2022, with respect to returns other than estimated income tax returns, the municipality may impose a penalty of $25 for each failure to timely file each return, regardless of the liability shown thereon for each month, or any fraction thereof, during which the return remains unfiled regardless of the liability shown thereon. The penalty shall not exceed $150 for each failure.
(5) For tax years ending on or after January 1, 2023, with respect to returns other than estimated income tax returns, the municipality may impose a penalty not exceeding $25 for each failure to timely file each return, regardless of the liability shown thereon, except that the municipality shall abate or refund the penalty assessed on a taxpayer's first failure to timely file a return after the taxpayer files that return.
(D) With respect to income taxes, estimated income taxes, withholding taxes and returns, the municipality shall not impose, seek to collect, or collect any penalty, amount of interest, charges or additional fees not described in this section.
(E) With respect to income taxes, estimated income taxes, withholding taxes and returns, the municipality shall not refund or credit any penalty, amount of interest, charges, or additional fees that were properly imposed or collected before January 1, 2016.
(F) The Tax Administrator may, in the Tax Administrator’s sole discretion, abate or partially abate penalties or interest imposed under this section when the Tax Administrator deems such abatement or partial abatement to be appropriate. Such abatement or partial abatement shall be properly documented and maintained on the record of the taxpayer who received benefit of such abatement or partial abatement.
(G) The municipality shall impose on the taxpayer, employer, any agent of the employer or any other payer the municipality’s post-judgment collection costs and fees, including attorney’s fees.
(Prior Code, § 880B.10) (Ord. 2015-15, passed 11-10-2015; Ord. 2017-28, passed 12-12-2017; Ord. 2023- 13, passed 12-12-2023)