(a) Except as may be provided for in subsection (b) below, in the event any tax imposed in this Article is not paid when due, interest shall accrue at the same rate a taxpayer is required to pay to the Commonwealth as provided in Section 806 of the act of April 9, 1929 (P.L. 343, No. 176), known as the Fiscal Code, or such successor legislation, on the amount of said tax and an additional penalty of one percent (1%) of the unpaid tax for each month or fraction thereof during which the tax remains unpaid shall be added and collected but the amount of penalty shall not exceed fifteen percent (15%) in the aggregate. Where an action is brought for the recovery of tax, the taxpayer liable for the tax shall, in addition, be liable for the costs of collection, interest and penalties, including, but not limited to court costs and attorney's fees.
(b) Pursuant to the Act, the Department may establish conditions under which a Tax Officer, with the concurrence of the TCC, may abate interest or penalties that would otherwise be imposed for the nonreporting or underreporting of income tax liabilities or for nonpayment of taxes previously imposed and due if the taxpayer files delinquent returns and pays the tax in full.
(c) The provisions of subsection (b) above shall not affect or terminate any petitions, investigations, prosecutions or other proceedings pending under this Article, or prevent the commencement of further prosecution of any proceedings by the appropriate authorities for violations of this Article. However, no proceedings shall be commenced on the basis of delinquent returns filed pursuant to this section if the returns are determined to be substantially true and correct and the tax due is paid within the prescribed time.
(Ord. 41-2011. Passed 12-20-11.)