The Board of Supervisors gives notice of its intent to adopt an amendment to Section 7-84 of the County Code, entitled "Interest and penalties" (of the Food and Beverage Tax) on January 23, 2013 at 6 p.m. at the Rockingham County Administration Center.
SECTION 7 - 84
OF THE CODE OF ORDINANCES
ROCKINGHAM COUNTY, VIRGINIA
BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF ROCKINGHAM COUNTY, VIRGINIA:
That Section 7 - 84. “Interest and penalties” be and hereby is repealed and re-enacted as follows:
Section 7 - 84 Interest and penalties.
(a) If any person shall fail or refuse to remit to the treasurer the tax required to be collected and paid under this article within the time and in the amount specified in this article, there shall be added to such tax by the treasurer, interest at the rate of ten (10) percent per annum from the first day following the day such tax is due upon the amount of the tax for each year or portion thereof.
(b) If any person shall fail or refuse to file a return required by this article in the time specified, there shall be added to the tax by the treasurer a late filing penalty of ten (10) percent of the tax assessable on such return or ten dollars ($10.00), whichever is greater; provided, however, that the penalty shall in no case exceed the amount of the tax assessable.
(c) The Commissioner of the Revenue, in consultation with the County Administrator, may delay imposition of the late filing penalty mandated in subsection (b) of this section for up to five (5) days on a case-by-case basis, for good cause shown, so long as the taxpayer requesting a delay in imposition has not requested a delay in the immediately-preceding five (5) years. “Good cause”, as used in this subsection, may include, but is not limited to, an inadvertent error or good faith mistake of an employee or contractor of a taxpayer that has an otherwise good record of timely filing of returns and payment of taxes. The Commissioner shall adopt procedures for the application for a delay in the imposition of the late filing penalty. A delay of the imposition of the late filing penalty granted pursuant to this subsection shall also delay the accrual of interest imposed by subsection (a) of this section for an identical period of time.
This ordinance shall be effective from the 1st day of July, 2012.
Adopted the _____ day of ____________________, 2013.