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Admin Order 44-21-07-F -- Payroll Tax Rule Amendments
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Admin Order 44-21-07-F -- Payroll Tax Rule Amendments
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1/12/2022 9:33:29 AM
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Administrative Order - Page 7 of 10 <br />R-3.762-H PENALTY WAIVER DUE TO GOOD CAUSE. <br /> <br />1. The Tax Administrator may reduce or waive a penalty imposed pursuant to section <br />R-3.762-G, subsections 1(a) and 1(b), if the Tax Administrator concludes that there was good <br />cause for the failure to file, pay, or remit at the time the return and payment were due. <br /> <br />2. A request for a penalty reduction or waiver shall be submitted to the Tax <br />Administrator on the form provided by the City and shall include at a minimum the name and <br />address of the taxpayer, the tax period associated with the request, and an explanation of good <br />cause serving as the basis for the requested penalty reduction or waiver. <br /> <br />3. For the purpose of this rule, “good cause” means circumstances beyond the <br />reasonable control of the taxpayer, including but not limited to: <br /> <br />(a) Death or serious illness of the taxpayer or member of the taxpayer’s <br />immediate family; <br /> <br />(b) Destruction by fire, a natural disaster, or other casualty of the taxpayer’s <br />home, place of business, or records needed to prepare the returns and remit payment; <br /> <br />(c) Unavoidable and unforeseen absence of the taxpayer from the state that <br />began before the due date of the return and tax. <br /> <br />4. For the purposes this rule, “good cause” does not include: <br /> <br />(a) Reliance on a professional to merely prepare a return and remit the tax on <br />time; <br /> <br />(b) Lack of knowledge filing and payment deadlines or requirements; <br /> <br />(c) Mere inability of the taxpayer to pay the tax; and <br /> <br />(d) Other circumstances that are within the control of the taxpayer or the <br />taxpayer’s representatives. <br /> <br />5. Notwithstanding subsection 2 of this section, for the first two quarters of the 2021 <br />tax year, the Tax Administrator may reduce or waive a penalty imposed pursuant to section R- <br />3762-G, subsections 1(a) and 1(b) without first receiving a request. Notwithstanding subsections <br />3 and 4 of this section, reduction or waiver by the Tax Administrator during the first two quarters <br />of the 2021 tax year may be based on the Tax Administrator’s general conclusion that taxpayers <br />are working in good faith to comply with the City’s newly imposed payroll tax.
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