(Amended by Ord. No. 179,984, Eff. 8/3/08.)
(a) Delinquent Dates: (Amended by Ord. No. 181,857, Eff. 10/4/11.) Unless otherwise specifically provided for in other provisions of this Article, all business taxes required to be paid shall be deemed delinquent if not paid on or before or within the time prescribed in this Article:
1. Annual Business Taxes – on or before the close of business on the last day of the month following the month in which the tax is due.
2. Quarterly Business Taxes – on or before the close of business on the last day of the month in which the tax is due.
3. Monthly Business Taxes – on or before the close of business on the last day of the month for which the tax is due.
4. Daily Business Taxes – on or before the close of business on each day for which the tax is due.
5. Business Taxes Unpaid When a Business Has Been Discontinued, Dissolved or Otherwise Terminated – within 45 days of the termination of the business.
6. Deficiency Determinations – within 60 days of the date on which the Office of Finance provides notice of determination on an assessment or notice of the decision of an Assessment Review Officer, if applicable, or within 30 days of the date on which the Office of Finance provides notice of the decision of a Board of Review, whichever is later.
7. Notwithstanding any other provisions in this Code, any business tax owed for business activity conducted during the 2020 Calendar Year shall not be due until February 28, 2022, for the following business tax classifications: (Added by Ord. No. 187,119, Eff. 8/7/21.)
(a) Section 21.53 (Amusement Park).
(b) Section 21.62 (Billiards, Etc.).
(c) Section 21.63 (Amusement Machines).
(d) Section 21.64 (Coin Operated Phonographs and Music Machines).
(e) Section 21.65.1 (Coin Operated Scales and Service Machines).
(f) Section 21.70 (Bowling Alley, Skee-ball Shuffleboard, Etc.).
(g) Section 21.74 (Circuses).
(h) Section 21.83 (Dance Hall).
(i) Section 21.85 (Public Dance).
(j) Section 21.94 (Rides).
(b) Penalties:
1. Original Delinquency. Any person who fails to pay any tax required to be paid by this article, except deficiency determinations made by the Director of Finance under Subsection (i) of Section 21.15 of this article, within the time required shall pay a penalty of 5% of the amount of the tax in addition to the amount of the tax.
2. Continued Delinquency. Any person who fails to pay any delinquent tax, except deficiency determinations made by the Director of Finance under Subsection (i) of Section 21.15 of this article, on or before the last day of:
(i) The first month in which the tax first became delinquent, shall pay a second penalty of 5% of the amount of the tax in addition to the amount of the tax and the 5% penalty first imposed;
(ii) The second month in which the tax first became delinquent, shall pay a third penalty of 5% of the amount of the tax in addition to the amount of the tax and the 10% in accumulated penalties previously imposed;
(iii) The third month in which the tax first became delinquent, shall pay a fourth penalty of 5% of the amount of the tax in addition to the amount of the tax and the 15% in accumulated penalties previously imposed.
(iv) The fourth month in which the tax first became delinquent, shall pay a fifth penalty of 20% of the amount of the tax in addition to the amount of the tax and the 20% in accumulated penalties previously imposed.
3. Deficiency Determinations. Any person who fails to pay a deficiency determination within 30 days after the Director of Finance has notified him or her of the amount of the deficiency, shall pay a penalty of 20% of the amount of the deficiency determination in addition to the amount of the deficiency determination. Notice of a deficiency determination shall be given in writing in the manner provided for the service of notices of assessment in Subsection (b) of Section 21.16.
4. Overpayment. For the purpose of allowing overpayments as credit against underpayments of the above-mentioned taxes, whenever the overpayment has been received by the City within the three years prior to an underpayment, or during any year for which the taxpayer, at the request of the Director of Finance, has executed a waiver of the defense of the statute of limitations with regard to any claim the City may have for business tax, the Director of Finance, when making determinations of the amount of taxes due the City, shall make an allowance of credit for any overpayment. Overpayments shall be applied to underpayments in the oldest period(s) before applying to a later period(s). Whenever an overpayment has been made prior to an underpayment, no penalty or interest shall apply upon the amount of the underpayment satisfied by the prior overpayment.
(c) Negligence. If the Director of Finance determines that the nonpayment of any tax due under this article or Article 1.6 is due to negligence or willful disregard of the provisions of this article or Article 1.6, a penalty of 10% of the amount of the tax shall be added to the tax due in addition to the penalties stated in Subdivisions 1. and 2. of Subsection (b) of this section. If the Director of Finance determines that any part of the deficiency of a deficiency determination is due to negligence or willful disregard of the provisions of this article or Article 1.6, a penalty of 10% of the amount of the deficiency determination shall be added in addition to the penalties stated in Subdivision 3. of Subsection (b) of this section.
(d) Fraud. If the Director of Finance determines that the nonpayment of any tax due under this article or Article 1.6 is due to fraud, a penalty of 25% of the amount of the tax shall be added, in addition to the penalties stated in Subdivisions 1. and 2. of Subsection (b) of this section. If the Director of Finance determines that any part of the deficiency determination is due to fraud, a penalty of 25% of the amount of the deficiency determination shall be added, in addition to the penalties stated in Subdivision 3. of Subsection (b) of this section.
(e) Interest. In addition to the penalties imposed, any person who fails to pay any tax required to be paid by this article or Articles 1.1, 1.3, 1.7, or 1.15 of this chapter shall pay interest on the amount of the tax, exclusive of any penalty, from the date on which the tax first became delinquent until the date it is paid, during each calendar year at the rate per month, or fraction of the month, determined by dividing by 12 the sum of the average Federal short-term rate during the months of July, August and September of the prior calendar year plus three percentage points. Unless the monthly rate is evenly divisible by one-tenth of a percentage point, it shall be rounded up to the next highest one-tenth of a percentage point. Interest shall run during any period of time for which the Director of Finance has granted an extension of time. Interest required by any of the provisions of this section shall not be subject to waiver or compromise other than in accordance with the provisions of Subsections (f) and (g) of Section 21.15 of this article, or as the Council may direct.
(f) Penalties and Interest Merge With Tax For Collection Purposes. For collection purposes only, every penalty imposed and the interest that is accrued under the provisions of this section shall become a part of the tax required to be paid.