(a) All taxes imposed and monies withheld or required to be withheld by employers under the provisions of this Tax Code and remaining unpaid after they become due shall bear interest at one and one-half percent (1.5%) per month or fraction thereof.
(b) In addition to interest as provided in subsection (a) hereof, penalties are hereby imposed as follows based on the tax remaining unpaid after it becomes due:
(1) For failure to pay taxes due, other than taxes withheld, one and one-half percent (1-1/2%) per month or fraction thereof.
(2) For failure to remit taxes withheld or required to be withheld from employees; three percent (3%) per month or fraction thereof.
(3) In addition to the penalty as provided in paragraph (2) above, a penalty of one percent (1%) of the Municipal income tax required to be withheld and remitted by an employer may be imposed on employers who are required to remit payment of withholding taxes electronically and who fail to do so.
(4) Where the taxpayer has failed to file a declaration on which he has estimated and paid a tax equal to or greater than the tax paid for the previous year, or where he has filed a previous return and has failed to file a declaration on which he has estimated and paid a tax equal to or greater than ninety percent (90%) of the actual tax for the year, or has failed to file a return and paid the total tax on or before the end of the month following the end of the taxable year or by December 15 for taxpayers who are not individuals; ten percent (10%) of the difference between ninety percent (90%) of the actual tax for the year and the amount paid through withholding and declaration.
(5) No penalty or interest shall be charged against a taxpayer for the late filing, late payment or nonpayment of estimated tax liability if the taxpayer is an individual who resides in the municipal corporation but was not domiciled there on the first day of January of the current calendar year.
(6) Except in the case of fraud, the late payment penalty shall not exceed fifty percent (50%) of the unpaid tax.
(7) Where the taxpayer has failed to file a return or any required filing as prescribed by Section 141.05 of this chapter by the due date or by the date resulting from an extension, a fee is imposed as follows:
A. For return filings or documentation received within sixty days from the due date, a fee of twenty-five dollars ($25.00) is assessed.
B. For return filings or documentations received more than sixty days after the due date, a fee of fifty dollars ($50.00) is assessed.
(c) Exceptions. A penalty shall not be assessed on an additional tax assessment made by the Tax Administrator when a return has been filed in good faith and the tax paid thereon within the time prescribed by the Tax Administrator; 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 the final determination of the federal tax liability.
(d) A return check fee will be assessed in an amount set periodically in the rules and regulations promulgated by the Tax Administrator.
(e) Any employer required to file employee wage and tax statements and reconciliation of returns in accordance with Section 141.06, who fails to file such returns or statements, or files incomplete returns or statements shall be subject to a penalty of fifty dollars ($50.00) per return or statement up to a maximum of one thousand dollars ($1,000). An employer required to file employee wage and tax statements who fail to report electronically when required by the Tax Administrator will be assessed a penalty of one dollar ($1.00) per record.
(f) Upon recommendation of the Tax Administrator, the Board of Review may abate penalty or interest, or both. The Tax Administrator may abate penalty subject to Rules and Regulations as approved by the Board of Review.
(Ord. A-2383. Passed 4-26-04; Ord. A-2430. Passed 3-28-05; Ord. A-2535. Passed 11-26-07; Ord. A-2616. Passed 7-27-09; Ord. A-2809. Passed 12-8-14.)