181.15 INTEREST AND PENALTIES.
(a) All taxes imposed by this chapter and remaining unpaid after they become due shall bear interest. In addition to the amount of the unpaid tax, at the rate of eighteen percent (18%) per annum, and the taxpayers upon whom such taxes are imposed by this chapter shall be liable, in addition, a penalty of ten percent (10%) of the amount of the unpaid tax will be assessed. In addition to interest or penalties for nonpayment of taxes due from taxpayers, monies required to be withheld by employers under the provisions of this chapter, and for failure to timely file tax returns or declarations, the following penalties are hereby imposed.
(Ord. 68-09. Passed 11-17-09.)
(1) For failure to pay taxes due, other than taxes withheld, one and one-half percent (1 1/2%) 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 by the due date or by the date resulting from extension, twenty-five dollars ($25.00).
(Ord. 73-05. Passed 12-6-05.)
(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 dollars ($10.00).
(Ord. 68-09. Passed 11-17-09.)
(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 current calendar year.
(b) A penalty shall not be assessed on an additional tax assessment made by the Tax Commissioner when a return has been filed in good faith and the tax paid thereon within the time prescribed by the Tax Commissioner, provided 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.
(c) These provisions also cover all taxes deducted by an employer or required to be deducted and withheld by an employer and remaining unpaid after they become due.
(Ord. 73-05. Passed 12-6-05.)