(a) All taxes imposed and monies withheld or required to be withheld by employers under the provisions of this Tax Code shall bear interest at the rate of six percent (6%) per annum, assessed per month or any fraction of a month.
(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 and fees are hereby imposed for failure to file or timely file returns or required documentation:
(1) For failure to pay taxes due, other than taxes withheld, one and one-half percent (1½%) per month or fraction thereof, or twenty-five dollars ($25.00), whichever is greater.
(2) For failure to remit taxes withheld or required to be withheld from employees; three percent (3%) per month or fraction thereof, or twenty-five dollars ($25.00), whichever is greater.
(3) 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 of $25.00 per filing is imposed.
(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; 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 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 tax year being filed.
(6) Any employer required to file employee wage and tax statements and annual reconciliation of returns in accordance with this chapter, who fails to file such returns or statements or files incomplete returns or statements shall be subject to a penalty of $50.00 per return or statement, up to a maximum of one thousand dollars ($1,000.00) per tax year.
(7) Any employer required to file employee wage and tax statements who fails to file electronically when required by the Tax Administrator shall be assessed a penalty of one dollar ($1.00) per record in all years.
The Tax Administrator may establish a fee to cover printing, postage and personnel costs for forms requested in quantities of ten or more per request.
The Tax Administrator may establish fees for reproduction of returns, associated schedules and statements when requested by the taxpayer.
An Administrative charge of twenty five dollars ($25.00) will be assessed for a check or electronically remitted payment returned by a bank or financial institution as unpaid for any reason whatsoever.
(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 (3) months after the final determination of the federal tax liability.
(d) Computed penalties of less than five dollars ($5.00) for a first violation shall not be assessed. However, notification to the taxpayer of a first time violation will be made.
(e) The Tax Administrator may abate charges for penalty, interest or late filing fees for good cause shown.
(Ord. 2013-04. Passed 4-22-13.)