(A) Date and requirement for filing.
(1) On or before April fifteenth of the year following the effective date of the regulations and each year thereafter, every person subject to the provisions of § 35.03(A)(1)(a), inclusive, of the regulations shall, except as hereinafter provided, make and file with the Commissioner, a return on a form prescribed by and obtainable upon request from the Commissioner, or a generic form which must contain all of the information requested on the tax form as provided by the Tax Commissioner, whether or not a tax be due.
(2) If the return is made for a fiscal year or any period less than a year, the return shall be made within 3-1/2 months from the end of each fiscal year or other period.
(3) Every person subject to the provisions of § 35.03 of the regulations shall, except as hereinafter provided, file a return setting forth the aggregate amount of salaries, qualifying wages, commissions, and other personal service compensation, net profits from business or other activities, including the rental from use of real and personal property, and other income, taxable under the regulations, received for the period covered by the return and any other pertinent facts and information in detail as the Commissioner may require.
(4) Where an employee’s entire earnings for the tax period as paid by a resident employer or resident employers, and the 1% tax and additional 3/4% tax thereon has in each instance been withheld and deducted by the employer or employers from the gross amount of the entire earnings of the employee-taxpayer, and where the resident employer of the employee has filed a report or return in which the employee’s entire and only earnings are reported to the Commissioner, and where the employee has no taxable income other than the earnings and the tax so withheld has been paid to the Commissioner, the employee need not file a return.
(5) An employee who is permitted to deduct business expenses from wages, salaries, or commissions must file a return in order to claim the deductions even though all or part of the qualifying wages, salaries, or commissions are subject to withholding.
(6) Any taxpayer who received taxable income not subject to withholding under the regulations must file a return.
(7) Any taxpayer having income, wages, or other compensation for which a return must be filed, and also having net profits from a business covering the same or a different period, is required to file only one return.
(8) Trustees of active trusts are required to file returns and pay the tax on the taxable income thereof.
(9) A husband and wife may, in any tax year, elect to file separate or joint returns.
(10) Operating losses from business or professional activities, the profits of which would be taxable under the regulations, may be offset against salaries, qualifying wages, commissions, and other personal service compensation, or against net profits from other business or professional activities. To the extent that the losses are offset, they shall not be allowable as an operating loss carry forward under § 35.03(A) of the regulations.
(B) Information required and reconciliation with federal returns.
(1) In returns filed hereunder, there shall be set forth the aggregate amount of salaries, qualifying wages, bonuses, incentive payments, commissions, fees, and other compensation subject to the tax earned from each employer, taxable net profits, and other pertinent information as the Commissioner may require.
(2) Where figures of total income, total deductions, and net profits are included as shown by a federal return, any items of income as are not subject to the Village of Anna tax and unallowable expenses shall be eliminated in determining net income subject to the Village of Anna. In the absence of records showing the actual unallowable expenses, the expenses shall be determined in accordance with the adjusted federal taxable income as defined in § 35.02 of these regulations. The fact that any taxpayer is not required to file a federal tax return does not relieve him or her from filing a Village of Anna tax return.
(3) If a change in federal income tax liability, made by the Federal Internal Revenue Service, or by a judicial decision, results in an additional amount of tax payable to the Village of Anna, a report of the change shall be filed by the taxpayer within three months after receipt of the final notice from the Federal Internal Revenue Service or final court decision.
(C) Extensions.
(1) Upon the receipt of a copy of the taxpayer’s federal extension, postmarked on or before the date for filing the return, the Commissioner will extend the time for filing the return for 45 days beyond the date granted by the Federal Internal Revenue Service. Whenever he or she deems it necessary, the Commissioner may require a tentative return accompanied by payment of the estimated tax. No penalty will be assessed in those cases in which the return is filed and the final tax paid within the period as extended provided an estimated tax, equal to or greater than 90% of the taxpayer’s previous year’s liability, is paid on or before the original filing date of the return. Interest will be assessed on any remaining balance found to be due upon receipt of the extended tax return and that all other filing and payment requirements of the regulations have been met.
(2) Information returns, schedules, and statements needed to support tax returns are to be filed within the time limits set forth for filing the tax returns.
(D) Payment with return.
(1) The taxpayer making a return shall, at the time of the filing thereof, pay to the Commissioner the amount of taxes shown as due thereon; provided, however, that where any portion of the tax so due shall have been deducted at the source pursuant to the provisions of § 35.06 of the regulations, or where any portion of the tax shall have been paid by the taxpayer pursuant to the provisions of § 35.07 of the regulations, or where an income tax has been paid to another municipality, credit for the amount so paid, in accordance with § 35.15 hereof, shall be deducted from the amount shown to be due and only the balance, if any, shall be due and payable at the time of filing the return.
(2) A taxpayer who has overpaid the amount of tax to which the Village of Anna is entitled under the provisions of the regulations may have the overpayment applied against any subsequent liability hereunder or, at his or her election indicated on the return, the overpayment (or part thereof) shall be refunded, provided that no additional taxes or refunds of less than $1 shall be collected or refunded.
(E) Amended returns.
(1) Where necessary, an amended return must be filed in order to report additional income and pay any additional tax due, or claim a refund of tax overpaid, subject to the requirements and/or limitations contained in §§ 35.11 and 35.12. The amended return shall be on a form obtainable on request from the Commissioner, A taxpayer may not change the method of accounting or apportionment of net profits after the due date for filing the original return.
(2) Within three months from the final determination of any federal tax liability affecting the taxpayer’s Village of Anna tax liability, the taxpayer shall make and file an amended Village of Anna return showing income subject to the Village of Anna tax based upon the final determination of federal tax liability, and pay any additional tax shown due thereon or make claim for refund of any overpayment.
(Ord. 670-77, passed 11-9-1977; Am. Ord. 1232-98, passed 11-24-1998; Am. Ord. 1338-01, passed 6-26-2001; Am. Ord. 1339-01, passed 6-26-2001; Am. Ord. 1428-04, passed 6-22-2004; Am. Ord. 1464-05, passed 12-13-2005; Am. Ord. 1482-01, passed 8-8-2006; Am. Ord. 1690-15, passed 12-22-2015)