(a) All taxes imposed and all money withheld or required to be withheld by employers under the provisions of this chapter and remaining unpaid after they become due shall bear interest at the rate of one and one-half percent (1.5%) per month or fraction thereof.
(b) In addition to interest as provided in subsection (a) hereof, penalties based on the unpaid tax are hereby imposed as follows:
(1) For failure to pay taxes due, other than taxes withheld; one and one-half percent (1.5%) per month or fraction thereof, with a minimum of twenty-five dollars ($25.00) per month.
(2) For failure to remit taxes withheld from employees, six percent (6%) per month or fraction thereof, with a minimum of twenty-five dollars ($25.00) per month.
(3) For failure to timely file a tax return due under this chapter, there shall be a late filing charge of fifty dollars ($50.00) imposed per return.
(4) For failure to file a declaration of estimated tax or failure to pay according to the filed declaration as required by Section 179.07, there shall be a penalty of fifty dollars ($50.00) per calendar year imposed.
(5) For any taxpayer who files a Declaration of Estimated Tax, and whose Declaration of Estimated Tax and payment of tax thereunder is less than ninety percent (90%) of the taxpayers total tax obligation for the tax year, a penalty of fifty dollars ($50.00) per tax year shall be imposed and paid at the time of filing tax return.
(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 thereon within the time prescribed by the Commissioner; 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.
(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. 30-02. Passed 12-23-02.)