191.12 INTEREST AND PENALTIES.
     (a)   Interest.  All taxes imposed and all moneys withheld or required to be withheld by Employers under the provisions of this Chapter and remaining unpaid after they have become due shall bear interest at the rate of one-and-one-half percent (1-1/2%) per month, or fraction thereof, on the unpaid balance.
   (b)   Penalties.  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 taxes due on a final return, ten percent (10%) per annum for each year, or fraction thereof, on the unpaid balance, with a minimum penalty of twenty-five dollars ($25.00) for failure to make timely payment of City Income Tax due with an annual City Income Tax Return; or
      (2)   For failure to pay taxes on declaration in accordance with Section 191.16, ten percent (10%) per annum, on the unpaid balance, with a minimum penalty of ten dollars ($10.00) per quarter for failure to file a declaration and/or pay taxes due pursuant to a required declaration; or
      (3)   For failure to file a timely annual City Income Tax Return, twenty-five dollars ($25.00), regardless of whether any City Income Tax is due with such Return; or
(4)   For failure to remit taxes withheld from Employees when due, the greater of three percent (3%) per month, or fraction thereof, on the unpaid balance, or ten dollars ($10.00) per month for each month, or fraction thereof, that the tax remains unpaid.
   (c)   Exceptions.  A penalty shall not be assessed on an additional tax assessment made by the Administrator when a return has been filed in good faith and the tax paid thereon within the time prescribed by the Administrator, and provided further that in the absence of fraud, a penalty shall not be assessed on any additional City Income Tax assessment resulting from a federal or state audit, provided that an amended City Income Tax return is filed and the additional City Income Tax, if any, is paid within 30 days after final determination of the Federal or State Income Tax liability as set forth at Section 191.15(h).  Interest on any additional City Income Tax due will be assessed from the original due date of the return at the rate of one-and-one-half percent (1-1/2%) per month, or portion thereof, on the unpaid balance.  Interest will be paid on any overpayment of City Income Tax from the date of such overpayment to the date of the refund of such overpayment, at the rate and pursuant to the terms set forth in Ohio R.C. 718.12(D) and Ohio R.C. 5703.47.
   (d)   Abatement. The Administrator may abate penalty or interest, or both, for good cause shown under guidelines established by the Board.  The Board may abate penalty and/or interest of a Taxpayer who appeals for such abatement under the provisions of Section 191.08 subsequent to a denial of such abatement by the Administrator.
(Ord. 05-100.  Passed 6-13-05.)