(a) Beginning January 1, 1982 all taxes, including estimated taxes, imposed and all money withheld or required to be withheld by employers under this chapter and remaining unpaid after they become due shall bear interest at the rate of one percent (1%) per month or fraction of a month thereof.
(b) Beginning January 1, 1982, and in addition to interest as provided in subsection (a) hereof, penalties based upon the unpaid tax are hereby imposed as follows:
(1) For failure to pay tax due, other than tax withheld, one percent (1%) per month or fraction of a month thereof, with a minimum of ten percent (10%);
(2) For failure to remit taxes withheld from employee, three percent (3%) per month or fraction of a month thereof, with a minimum of ten percent (10%);
(3) For failure to file a return in cases where an office subpoena of the Commissioner is authorized, as authorized by Section 890.09(b), twenty- five dollars ($25.00).
(4) For failure to file a timely return when there is a tax liability, the amount of the tax liability or twenty-five dollars ($25.00), whichever is less.
(5) When any check or other negotiable instrument used in the payment of any tax liability due pursuant to this chapter is dishonored, an additional charge shall be added to the tax liability of the person owing the same. The amount of such charge shall be determined by Council from time to time.
(c) A penalty shall not be assessed on an additional tax assessment made by the Commissioner when a return has been filed in good faith and the tax paid therein within the time prescribed by the Commissioner. 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 (3) months after final determination of the federal tax liability.
(d) Upon recommendation of the Commissioner, the Board of Review may abate penalty or interest, or both, or upon an appeal from the refusal of the Commissioner to recommend abatement of penalty and interest, the Board may nevertheless abate penalty or interest, or both.
(Ord. 104-2015. Passed 11-17-15.)