(A) All taxes imposed and moneys withheld or required to be withheld by employers under the provisions of this chapter and remaining unpaid ten days after they have become due shall bear interest at the rate of the federal short term interest rate for that taxable year as determined by the rate schedule thereof. (See http://apps.irs/gov/app/picklist/list/federalrates.html.)
(B) In addition to interest as provided in division (A) above, penalties based on the unpaid tax are imposed as follows:
(1) In the case of taxpayers failing to pay taxes due, the penalty of 15% of the amount of the taxes due shall be assessed, or fraction thereof, whichever is greater.
(2) In the case of taxpayers failing to timely file their required tax returns, the penalty shall be $25 per month on any portion thereof up to a maximum penalty for any filing period of $150.
(3) In the case of employers failing to remit taxes withheld from employees: a penalty of $50 or 4% per month, or fraction thereof, whichever is greater.
(4) Where the taxpayer has failed to file a declaration on which he or she has estimated and paid a tax equal to or greater than the tax paid for previous years, or has failed to file a declaration on which he or she has estimated and paid tax equal to or greater than 90% of the actual tax for the year, or has failed to file a final return and pay the total tax on or before the end of the month following the end of his or her taxable year: 10% of the difference between 90% of the actual tax for the year and the amount paid through withholding or declaration.
(C) Exceptions. A penalty shall not be assessed on an additional tax assessment made by the Director when a return has been filed in good faith and the tax paid thereon within the time prescribed by the Director; and provided further, 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.
(D) On recommendation of the Director, the Board of Adjudication may abate penalty or interest, or both.
(E) Any person required to withhold the tax who knowingly fails to withhold the tax or pay over the tax or who knowingly attempts in any manner to evade or defeat the tax or the payment thereof, shall, in addition to other penalties provided by law, be liable to a penalty equal to the total amount of the tax evaded, or not withheld, or not paid over. No other penalty under this section shall be applied to any offense to which this penalty is applied.
(F) Interest, but no penalty, will be assessed where an extension has been granted by the Director and the final tax paid within the period as extended.
('80 Code, § 93.10) (Ord. 741, passed 4-3-73; Am. Ord. 813, passed 5-18-76; Am. Ord. 89-10, passed 12-19-89; Am. Ord. 2004-15, passed 10-19-04; Am. Ord. 2015-04, passed 12-1-15) Penalty, see § 36.99