175.1502 PENALTIES ON UNPAID TAX.

   In addition to interest as provided in Section 175.1501, penalties based on the unpaid tax or installments of estimated tax are hereby imposed as follows:

   (a)    For failure to pay taxes or estimated taxes due, other than taxes withheld: ten percent (10%) per annum, or fraction thereof, with a minimum penalty as provided in subsection (c) hereof.

   (b)    For failure to remit taxes withheld from employees: ten percent (10%) per month or fraction thereof, but the accumulated penalty shall not exceed fifty percent (50%) upon any unpaid amount with a minimum penalty as provided in subsection (c) hereof.

   (c)    For failure of any person, corporation, employer, or employee who was delinquent in the payment of taxes or taxes withheld from employees the following minimum penalty shall be assessed when assessing penalties pursuant to subsections (a) and (b) hereof:

      (1)    For taxes other than estimated taxes:

         A.    Delinquent - first offense - twenty-five dollars ($25.00);

         B.    Delinquent - second offense - fifty dollars ($50.00);

         C.    Delinquent - third offense - one hundred dollars ($100.00).

      (2)    For purposes of this section, taxes are delinquent if they are not paid by the due dates established by the 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 the payment is delinquent. Each subsequent payment that is delinquent shall be a separate offense.

         (Ord. 87-27. Passed 9-21 -87.)