(a) In addition to interest as provided in Section 890.38, penalties based on the unpaid tax or installments of estimated tax are hereby imposed as follows:
(1) For failure to pay taxes or estimated taxes due, other than taxes withheld, eighteen 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, eighteen 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, eighteen percent per annum or fraction thereof; and
(Ord. 1990-7. Passed 2-21-90.)
(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, including estimated taxes, due after the end of the taxable year:
1. Delinquent-first offense, fifty dollars ($50.00) or fifty percent of the amount owed, whichever is less;
2. Delinquent-second offense, one hundred dollars ($100.00);
3. Delinquent-third offense, one hundred fifty dollars ($150.00).
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.
(Ord. 1990-174. Passed 12-5-90.)
(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.
(c) (1) Effective January 1, 2003, the declaration of estimated tax to be paid to the City by taxpayers who are individuals shall be accompanied by a payment of at least one-fourth of the declaration amount and at least a similar amount shall be paid on or before July 31 and October 31 of the taxable year, and January 31 of the following year.
(2) Effective January 1, 2003, such declaration of estimated tax to be paid to the City by corporations and associations shall be accompanied by a payment of at least one-fourth of the declaration amount and at least a similar amount shall be paid on or before June 15, September 15 and December 15. In the case of a fiscal year taxpayer the second, third and fourth quarterly estimated payments shall be due on the fifteenth day of the sixth, ninth and twelfth months of the taxable year, respectively.
(Ord. 1966-230. Passed 12-30-66; Ord. 2005-028. Passed 3-2-05.)