(A) All taxes imposed and all monies 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 2% per month or fraction thereof.
(B) In addition to interest as provided in division (A) hereof, penalties for failure to pay taxes when due, and to withhold and remit taxes and forms pursuant to the provisions of this chapter are hereby imposed as follows:
(1) For failure to pay taxes when due, other than taxes withheld, 10% of the unpaid tax, or $5 whichever is greater. However, the minimum penalty for failure to file a complete and timely tax return as specified in § 39.05 shall be $5 whether or not a tax is due.
(2) For failure to remit taxes withheld from employees when due, 10% of the unpaid tax, or $10, whichever is greater, per month or fraction thereof.
(3) Where the taxpayer has failed to file a declaration on which he or she has estimated and paid a tax equal to or greater than the tax paid for the previous year, or has failed to file a declaration on which he has estimated and paid tax equal to or greater than 90% of the actual tax for the year, or has failed to file a final return and pay the total tax on or before the end of the month following the end of this taxable year, the penalty shall be 10% of the difference between 90% of the actual tax for the year and the amount paid through declaration.
(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, 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 3 months after final determination of the federal tax liability.
(D) Upon recommendation of the Administrator, the Board of Review may abate penalty or interest, or both, or upon an appeal from the refusal of the Administrator to recommend abatement of penalty and/or interest, the Board may nevertheless abate penalty or interest, or both.
(Ord. 5818-82, passed 3-8-1982)