(1) If any tax authorized or imposed under this Title is
not paid when due, prior to July 1, 1987, there shall be added to the amount of
the unpaid tax and collected therewith, interest at the rate of one-half of one
percent (½%) of the amount of the unpaid tax, and a penalty at the rate of
one percent (1%) of the amount of the unpaid tax shall be added for each month
or fraction thereof during which said tax shall remain unpaid and shall be
collected, together with the amount of the tax. This provision shall not apply
to:
[77] (a) Real estate and
personal property taxes subject to Section 19-1302 and Section 19-1101;
and
(b) Taxes imposed by § 19-1502(1)(a) or (b) that are not, in
fact, withheld pursuant to § 19-1504; provided, however, when such tax is
not paid when due interest at the rate of ½% of the amount of the unpaid
tax and a penalty of 1% of the amount of the unpaid tax per month for the first
year and ½% per month thereafter shall be added and collected together with
the amount of the tax; and
(c) General Business Taxes authorized under
§ 19-1803.
(2) Commencing on July 1, 1987, if any tax authorized or
imposed under this Title was not paid when due or is not paid when it becomes
due, there shall be added to the amount of the unpaid tax, interest, and penalty
and collected
therewith:
[78] (a) interest
at the rate of one percent (1%) of the amount of the unpaid tax each month or
fraction thereof during which the tax remains unpaid;
and,
[79] (b) penalty
calculated on the amount of the unpaid tax at the following rates for each month
during which the tax remains unpaid:
(.1) in the first month or
fraction thereof following the due date, one percent (1%);
(.2) in the
second month or fraction thereof following the due date, an additional one
percent (1%) for a total of two percent (2%);
(.3) in the third month
or fraction thereof following the due date, an additional one percent (1%) for a
total of three percent (3%);
(.4) in the fourth month or fraction
thereof following the due date, an additional two percent (2%) for a total of
five percent (5%);
(.5) in the fifth month or fraction thereof
following the due date, an additional two percent (2%) for a total of seven
percent (7%);
(.6) in the sixth month or fraction thereof following
the due date, an additional two percent (2%) for a total of nine percent
(9%);
(.7) in the seventh month or fraction thereof following the due
date, an additional three percent (3%) for a total of twelve percent
(12%);
(.8) in the eighth month or fraction thereof following the due
date, an additional three percent (3%) for a total of fifteen percent
(15%);
(.9) in the ninth month or fraction thereof following the due
date, an additional three percent (3%) for a total of eighteen percent
(18%);
(.10) in the tenth month or fraction thereof following the due
date, an additional four percent (4%) for a total of twenty-two percent
(22%);
(.11) in the eleventh month or fraction thereof following the
due date, an additional four percent (4%) for a total of twenty-six percent
(26%);
(.12) in the twelfth month or fraction thereof following the
due date, an additional four percent (4%) for a total of thirty percent
(30%);
(.13) thereafter, for each additional month or fraction thereof
following the due date, one and one-quarter percent (1¼%) shall be added to
the amount charged under subsection (.12).
(c) The provisions of
subsection (2)(b) shall not apply to real estate and personal property taxes
subject to Section 19-1302 and Section 19-1101.
(3) Where suit is
brought for the recovery of any such tax the person liable therefor shall, in
addition, be liable for the costs of collection together with the interest and
penalties herein
imposed.
[80] (4) In addition
to any other sanction or remedial procedure provided, any person who
shall:
[81] (a) make any
false or untrue statement on his or her report or
return;
[82] (b) fail or
refuse to file any report or return;
(c) violate any condition of any
license required hereunder;
(d) fail to pay over to the Department any
monies which he or she may hold as agent for the City or School District of
Philadelphia;
[83] (e) violate
any provision of this Title or any regulation adopted hereunder: shall be
subject to a fine of not more than three hundred (300) dollars for each offense.
A separate offense shall be deemed to occur on the first day of each month that
conduct described in subsection (4)(b) and (4)(d)
continues.
[84] (5) Any
person who shall have paid, or from whom there is due or alleged to be due any
moneys collectible by the Department, including any taxes, rents, charges, or
other sums, and who fails and refuses to produce or permit the examination of
his books, records, accounts, and related data, or to afford to authorized
representatives of the Department an opportunity for such examination, shall be
subject to a fine of not more than three hundred (300) dollars for each such
offense.
[85] (6) When any
person shall give or cause to be given to a City official or agency a check in
payment of any obligation whether due to the City or others, including but not
limited to any tax, water, sewer rent, or support order which is dishonored or
unpaid by the bank upon which it is drawn, the sum of $20.00 shall be added to
the obligation and interest and penalties provided by the Code, or otherwise, to
cover the additional cost to the
City.
[86]