(a) In addition to interest as provided in Section 791.39, penalties based on the unpaid tax are hereby imposed as follows:
(1) For failure to pay taxes due, other than taxes withheld, ten percent per annum or fraction thereof, with a minimum penalty as provided in paragraph (a)(4) hereof;
(2) For failure to remit taxes withheld from employees, ten percent per month or fraction thereof, with a minimum penalty as provided in paragraph (a)(4) hereof;
(3) For failure to pay estimated taxes due, other than taxes withheld, ten percent per annum or fraction thereof; and
(4) For failure of any person, corporation, employer or employee who is delinquent in the payment of taxes or taxes withheld from employees, the following minimum penalties shall be assessed when assessing penalties pursuant to paragraphs (a)(1) and (2) hereof:
A. For taxes other than estimated taxes:
1. Delinquent - first offense, twenty-five dollars ($25.00).
2. Delinquent - second offense, fifty dollars ($50.00).
3. Delinquent - third offense, one hundred dollars ($100.00).
B. For purposes of this section, taxes are delinquent if they are not paid by the due dates established by this chapter. A tax payment that is delinquent is deemed to be a single offense for purposes of this section regardless of the number of years that payment is delinquent. Each subsequent payment that is delinquent shall be a separate offense.
(b) A penalty shall not be assessed on any additional tax assessment against a taxpayer by the Administrator when a return has been filed in good faith and the tax paid thereon within the time prescribed by the Administrator. In the absence of fraud, neither penalty nor interest shall be assessed on any additional tax assessment resulting from a Federal audit, provided an amended return is filed and the additional tax is paid within three months after a final determination of the Federal tax liability.
(Ord. 84-43. Passed 6-18-84.)
(c) No penalties or interest shall be assessed on estimated payments if the taxpayer has remitted an amount equal to one hundred percent of the previous year’s tax liability, provided that the previous year reflected a twelve-month period, or if ninety percent of the actual liability has been received. (Ord. 2004-74. Passed 12-20-04.)