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71-10 Amend Chpt 128, Municipal Income Tax
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71-10 Amend Chpt 128, Municipal Income Tax
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5/14/2013 3:19:40 PM
Creation date
11/8/2010 4:42:33 AM
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Office Of Council
Document Type
Ordinances
Date Adopted
11/1/2010
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fifty percent (50%) upon any unpaid amount and .shall not be less than <br />twenty-five dollars ($25.00). <br />128.1503 EXCEPTIONS. <br />A penalty shall not be assessed on an additional tax assessment made by the <br />Administrator when a return has been filed in good faith and the tax paid thereon <br />within the time prescribed by the Administrator; and in the absence of fraud, neither <br />penalty nor interest shall be assessed on any additional tax assessment resulting from a <br />federal audit,. providin an amended return is filed and the additional tax is paid within <br />three months after a final determination of the federal tax liability. <br />128.1504 ABATEMENT OF INTEREST AND PENALTY. <br />Either the Administrator hereunder or the Board of Review may abate penalty or <br />interest, or both, for good cause shown. <br />128.1505 VIOLATIONS. <br />Any person who shall: <br />(a) Fail, neglect or refuse to make any return or declaration required by this <br />chapter; or <br />b Make any incomplete,. false or fraudulent return; or <br />~c~ Intentionally or willfully fail, neglect or refuse to pay the tax, penalties or <br />interest imposed by this chapter; or <br />(d) Fail neglect or refuse to withhold the tax from his employees or remit <br />suc(, withholding to the Administrator; or <br />(e) Refuse to permit the Administrator, or any duly authorized agent or <br />employee to examine his books, records, pa ers and federal income tax <br />returns relating to the income or net profits of a taxpayer; or <br />(f) Fail. to appear before the Administrator and to produce his books, records, <br />papers or federal income tax returns relating to the income or net profits <br />of a taxpayer upon order of subpoena of the Administrator; or <br />(g) Refuse to disclose to the Administrator any information with respect to the <br />income or net profits of a taxpayer; or <br />(h) Fail to comply with the provisions of this chapter or any order or subpoena <br />of the Administrator authorized hereby; or <br />(i) Give to an employer false information as to his true name, correct social <br />security number and residence address or fail to promptly notify an <br />employer of any change in residence address and date thereof; or <br />(j) Fail to use ordinary diligence in maintaining proper records of employees <br />residence addresses, total wages paid and City tax withheld, or to <br />knowingly give the Administrator false information; or <br />(k) Attempt to do anything whatever to avoid the payment of the whole or <br />any part of the tax, penalties or interest imposed by this chapter; <br />shall be uilty of a misdemeanor and shall be fined not more than five hundred dollars <br />($500.00 or imprisoned not more than six months, or both, for each offense. <br />128.1506 LIMITATION ON PROSECUTION. <br />All prosecutions under this section must be commenced within five years from <br />the time of the offense complained of except in the case of failure to file a return or in <br />the case of filing a false or fraudulent return in which event the limitation of time <br />within which prosecution must be commenced shall be ten years from the date the <br />return was due or the date the false or fraudulent return was filed. <br />128.1507 FAILURE TO PROCURE FORMS NOT EXCUSE. <br />The failure of any employer or person to receive or procure a return, declaration <br />or other required form shall not excuse him from making any information return, or <br />declaration, from filing such form, or from paying the tax. <br />
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