§ 38.11  INTEREST AND PENALTIES.
   (A)   All taxes imposed and all monies 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 .6667% per month or fraction thereof.
   (B)   In addition to interest as provided in division (A) above, penalties based on the unpaid tax are hereby imposed as follows:
      (1)   For failure to pay taxes due, other than taxes withheld; 1-1/2% per month or fraction thereof.
      (2)   For failure to remit taxes withheld from employees; 5% per month or fraction thereof.
   (C)   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 thereof within the time prescribed by the 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 3 months after final determination of the federal tax liability.
   (D)   Upon recommendation of the administrator, the board of review may abate penalty or interest, or both, or upon an appeal from the refusal of the administrator to recommend abatement of penalty or interest, the board may nevertheless abate penalty or interest, or both.
(Ord. 1202, passed 8-15-77; Am. Ord. 1276, passed 12-17-79)