(a) All taxes imposed and moneys 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 twelve percent (12%) per annum.
(b) In addition to interest as provided in subsection (a) hereof, penalties based on the unpaid tax are hereby imposed as follows:
The taxpayer upon whom such taxes are imposed and an employer required by this chapter to deduct, withhold and pay taxes imposed by this chapter shall be liable in addition hereto to a penalty of five percent (5%) of the amount of the unpaid tax for each month after the tax becomes due up to a maximum of twenty-five percent (25%).
(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) Where the taxpayer has failed to file a return or any required filing as prescribed by this chapter by the due date or by the date resulting from extension, a fee is imposed as follows:
(1) For return filings or documentation received within 90 days from the due date, a fee of $25.00 is assessed.
(2) For return filings or documentation received 91 days or further beyond the due date, a fee of $50.00 is assessed.
(e) Upon recommendation of the Tax Commissioner, the Board of Review may abate a penalty or interest or both, or upon an appeal from the refusal of the Tax Commissioner to recommend abatement of penalty and interest, the Board of Review may nevertheless abate penalty or interest or both. (Ord. 2012-22. Passed 6-25-12.)