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Al]ENDED <br /> <br />-13- <br /> <br /> (10) Fail to use ordinary diligence in maintaining proper <br />records of employees' residence addresses, total wages paid <br />and City of Lakewood tax withheld, or to knowingly give the <br />Admin%strator false information; or <br /> <br /> (11) Attempt to do anything whatever to evade the payment <br />of the whole or any part ~of the tax, penalties or interest <br />imposed by this Chapter; <br /> <br />shall be guilty of a misdemeanor and shall be fined not more <br />than Five Hundred Dollars ($500.00) or imprisoned not more thaD <br />six (6) months or both, for each offense. <br /> <br />Section 128.1506 Limitation on Prosecution <br /> <br /> Ail prosecutions under this section must be commenced <br />within five (5) years from the time of the offense complained <br />of except in the case of failure to file a return or in the <br />case of filing a false or fraudulent return, in which event the <br />limitation of time within which prosecution must be commenced <br />shall be ten (10) years from the date the return was due or <br />the date the false or fraudulent return was filed. <br /> <br />Section 128.1507 Failure to Procure Forms not Excuse <br /> <br /> The failure of any employer or person to receive or procure <br />a return, declaration or other required form shall not excuse <br />him from making any information return, return or declaration, <br />from filing such form, or from paying the tax° <br /> COLLECTION OF UNPAID TAXES AND REFUNDS OF OVER-PAYMENTS <br /> <br />Section 128.1701 Unpaid Taxes Recoverable as Other Debts <br /> <br /> Ail taxes imposed by this Chapter shall be collectible, <br />~ogether with any interst and penalties thereon, by suit, as <br />~ther debts of like amount are recoverable. Except in the <br />~case of fraud, of omission of a substantial portion of income <br />subject to this tax, or of failure to file a return, an addi- <br />tional assessment sh~ll not be made after three (3) years from <br />the time the return was due or filed, whichever is later, pro- <br />vided, however, in ~hose cases in which a Commissioner of <br />Internal Revenue and the taxpayer have executed a waiver of the <br />federal statute of limitations, the period within which an <br />additional assessment may be made by the Administrator shall be <br />one (1) year from the time of the final determination of the <br />federal tax liability. <br /> <br />Section 128.1702 Refunds of Taxes Erroneously Paid <br /> <br /> Taxes erroneously paid shall not be refunded unless a <br />claim for refund is made within three (3) years from the date <br />which such payment was made or the return was due, or within <br />three (3) months after the final determination of the federal <br />tax liability, whichever is later. <br /> <br />Section %28.1703 Amounts of Less Than One Dollar <br /> <br /> Amounts of less than One Dollar ($1.00) shall not be <br />co~ected or refunded. <br /> <br /> <br />