(A) Payment of tax liabilities. Notwithstanding any provision in this code to the contrary, any payment or remittance designated by a taxpayer as payment of a particular tax liability shall be applied to that taxpayer's liabilities pertaining to the particular tax as follows:
(1) First to the interest accrued on outstanding tax liabilities;
(2) Second to the outstanding tax liability;
(3) Third to any penalties due on the outstanding tax liabilities; and
(4) Fourth to current tax liabilities.
(B) Late payment. Any notice, payment, remittance or other filing required to be made to the village pursuant to any tax ordinance shall be considered late, unless it is physically received by the village on or before the due date.
(C) Interest on overdue payments.
(1) In the event a determination has been made that a tax is due and owing, through audit, assessment or other bill sent, the tax must be paid within the time frame otherwise indicated.
(2) Notwithstanding any provision in this code to the contrary, any tax not paid on the date due shall accrue interest at the rate of 1.5% per month of the amount due for each month or part of a month the tax remains unpaid.
(D) Late filing and payment penalties. If a tax return is not filed within the time and manner provided by the controlling tax ordinance, the following penalties shall apply:
(1) A late payment penalty of 5% of the amount of tax due shall be charged against any taxpayer whose tax payment is not made on or before the date the tax is due.
(2) A late filing penalty of 5% of the tax due shall be charged against any taxpayer whose tax report or return is not filed on or before the date said tax report or return is due.
(3) A failure to file penalty of 25% of the amount of tax due for the period in which a tax report or return is required to be filed shall be charged against any taxpayer who fails to file, before the date that a determination of tax deficiency or tax liability is issued, a report or return for that period.
(4) The penalties set forth in subsections (1) and (2) of this division shall not apply in the event the village imposes the penalty set forth in subsection (3) of this division.
(5) Any late filing penalty, late payment penalty or failure to file penalty may be abated by the local tax administrator, if reasonable case for nonpayment or failure to file is shown.
(Ord. 2001-O-007, passed 1-23-01) Penalty, see § 41.99