§ 39.006 INTEREST AND PENALTIES.
   (A)   Interest. All taxes imposed and monies withheld or required to be withheld by employers under the provisions of this chapter, remaining unpaid after they become due, shall bear interest at the rate of 1.5% per month.
   (B)   Penalties. In addition to interest as provided in division (A) above, penalties for failure to pay taxes and to withhold and remit taxes pursuant to the provisions of this chapter are imposed as follows:
      (1)    In the case of taxpayers failing to pay the full amount of tax due or failing to file a tax return when required to do so by this chapter, a penalty of $75 shall be imposed.
      (2)   In the event that an employer shall fail to withhold or fail to remit to the Finance Director the taxes withheld from employees, a penalty of $50 shall be imposed.
      (3)   In the case of taxpayers failing to pay after a minimum of three attempts by the Tax Department to comply, a warrant block will be placed on the taxpayer's driver's license, and a processing fee of $15 will be applied to the balance due for the submission of information to the BMV.
   (C)   Legal procedures. Further legal action may be enforced to uphold this chapter as hereby provided.
   (D)   Exceptions. A penalty shall not be assessed or an additional tax assessment made by the Finance Director when a return has been filed in good faith and the tax paid thereon within the time prescribed by the Finance Director; 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 three months after final determination of the federal tax liability.
   (E)   Abatement by Board of Review. On an appeal from the refusal of the Finance Director to recommend abatement of penalty and interest, the Board of Review may abate such penalty or interest, or both.
(‘74 Code, § 93.98) (Ord. 384-A, passed 4-1-71; Am. Ord. 83-756, passed 12-6-83; Am. Ord. 90-914, passed 2-20-90; Am. Ord. 01-1348, passed 1-16-01; Am. Ord. 05-1469, passed 12-21-05; Am. Ord. 08-1549, passed 12-16-08; Am. Ord. 12-1632, passed 2-21-12; Am. Ord. 12-1643, passed 7-17-12)