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A. If payment of any tax due on a return to be filed by a taxpayer is not received by the director by the <br /> due date,the director shall add a penalty in accordance with RCW 82.32.090(1), as it now exists or as it <br /> may be amended. <br /> B. If the director determines that any tax has been substantially underpaid as defined in RCW <br /> 82.32.090(2), there shall be added a penalty in accordance with RCW 82.32.090(2) as it now exists or as <br /> it may be amended. <br /> C. If a citation or criminal complaint is issued by the director for the collection of taxes,fees, <br /> assessments, interest or penalties, there shall be added thereto a penalty in accordance with RCW <br /> 82.32.090(32) as it now exists or as it may be amended. <br /> D. If the director finds that a person has engaged in any business or performed any act upon which a <br /> tax is imposed under this title and that person has not obtained from the director a license as required <br /> by this chapter,the director shall impose a penalty in accordance with RCW 82.32.090(42) as it now <br /> exists or as it may be amended. No penalty shall be imposed under this subsection if the person who has <br /> engaged in business without a license obtains a license prior to being notified by the director of the <br /> need to be licensed. <br /> E. If the director determines that all or any part of a deficiency resulted from the taxpayer's failure to <br /> follow specific written tax reporting instructions,there shall be assessed a penalty in accordance with <br /> RCW 82.32.090(52) as it now exists or as it may be amended. <br /> F. If the director finds that all or any part of the deficiency resulted from the taxpayer's a-n-intent to <br /> evade the tax payable,the director shall assess a penalty in accordance with RCW 82.32.090(62) as it <br /> now exists or as it may be amended. <br /> G. The penalties imposed under subsections A through Es of this section can each be imposed on the <br /> same tax found to be due.This subsection does not prohibit or restrict the application of other penalties <br /> authorized by law. <br /> H. The director shall not impose both the evasion penalty and the penalty for disregarding specific <br /> written instructions on the same tax found to be due. <br /> I. For the purposes of this section, "return" means any document a person is required by the city of <br /> Everett to file to satisfy or establish a tax or fee obligation that is administered or collected by the city, <br /> and that has a statutorily defined due date. <br /> J. If incorporation into the city of Everett code of future changes to RCW 82.32.090 is deemed invalid, <br /> then the provisions of RCW 82.32.090 existing at the time this ordinance is effectivee ordinance codified <br /> in this section is effective shall apply. <br /> im 2019 ORDINANCE: Tax Administration Page 10 of 22 <br />