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date until the date paid and, if the estimate submitted with <br />the extension is found to be unreasonable under the circum- <br />stances, a penalty of cee percent of the portion paid after the <br />due date. <br /> <br /> (e) A penalty of Een percent of the nax may be imposed <br />upon the failure no file an application or the failure to pay <br />the nax by the appropriate due date. Only the late filing <br />penalty shall be imposed by the assesszng official if both the <br />application and payment are late; however, both penalties may <br />be assessed if the assessing official determines that the <br />taxpayer has a history of noncompliance. In the case of an <br />assessmenn of additional nax made by the assessing official, if <br />the application and, if applicable, the return were made mn <br />good faith and 5he understanemenE of the tax was noE due to any <br />fraud, reckless or intentional disregard of the law by Ehe <br />Eaxpayer, there shall be no late paymenn penalty assessed with <br />the additional Eax. If any assessment of tax by the assessing <br />official is non paid within thirty days the city Ereasurer may <br />impose a ten percenn late payment penalty. The penalties shall <br />not be imposed, or if imposed, shall be abated by the official <br />who assessed them, if the failure no file or pay was hoe nhe <br />fault of nhe taxpayer. In order no demonsEraEe lack of fault, <br />the taxpayer muse show that he acted responsibly and that the <br />failure was due no evenEs beyond his control. <br /> <br /> "Acted responsibly" means that: (i) the naxpayer exercised <br />the level of reasonable care that a prudent person would <br />exercise under the clrcumsEances in determining the filing <br />obligations for the business and (ii) the Eaxpayer undertook <br />significant seeps to avoid or mitigate the failure, such as <br />requesting appropriate extensions (where applicable), <br />attempting to prevent a foreseeable impediment, acting to <br />remove an impedimenE once it occurred, and promptly rectifying <br />a failure once the zmpediment was removed or the failure <br />discovered. <br /> <br /> "Events beyond the naxpayer's control" include, but are <br />not limited Eo, the unavailability of records due Eo fire or <br />other casualty; the unavoidable absence (e.g., due to death or <br />serious illness) of the person with the sole responsibility for <br />tax compliance; or the taxpayer's reasonable reliance in good <br />faith upon erroneous written information from the assessing <br />official, who was aware of the relevant facts relating to the <br />taxpayer's business when he provided the erroneous information. <br /> <br /> (f) Interest shall be charged on the late payment of the <br />tax from the due date until the date paid without regard to <br />fault or other reason for the late payment. Whenever an <br />assessment of additional or omitted tax by the assessing <br /> <br />5 <br /> <br /> <br />