In addition to interest, as provided in Section 183.42, penalties based on the unpaid tax are hereby imposed as follows:
(a) For failure to pay taxes due, other than taxes withheld: one and one-half percent per month or fraction thereof or twenty-five dollars ($25.00), whichever is greater, for a first offense, or fifty dollars ($50.00), whichever is greater, for a second offense, or one hundred dollars ($100.00), whichever is greater, for a third and all subsequent offenses;
(b) For failure to remit taxes withheld from employees: ten percent per month or fraction thereof or fifty dollars ($50.00), whichever is greater, for a first offense, or one hundred dollars ($100.00), whichever is greater, for a second and all subsequent offenses;
(c) For the underpayment of estimated taxes, as required by Section 183.37, 183.38, 183.39 or 183.40, one and one-half percent for each month or fraction thereof or twenty-five dollars ($25.00), whichever is greater, for a first offense, or fifty dollars ($50.00), whichever is greater, for a second offense, or one hundred dollars ($100.00), whichever is greater, for a third and all subsequent offenses. However, no penalty shall be assessed if the aggregate installment payments of estimated taxes are at least eighty percent of the actual taxes due.
(d) For failure to file an annual return after the first notice to do so, whether or not taxes have been withheld or paid on a declaration of estimated tax, a twenty-five dollar ($25.00) penalty shall be assessed and, after a second notice, a fifty dollar ($50.00) penalty shall be assessed.
(Ord. 28-87. Passed 2-17-87.)