(a) When Return Required to Be Made. Each taxpayer shall, whether or not a tax be due thereon, make and file a return or before April 30th of the year following the effective date of this chapter and on or before April 30th of each year thereafter. When the return is made for a fiscal year or other period different from the calendar year, the return shall be filed within four (4) months from the end of such fiscal year or period.
(Ord. 2002-14. Passed 11-18-02.)
(b) Form And Contents of Return. The return shall be filed with the Administrator on a form or forms furnished by or obtainable upon request from such Administrator on generic forms, setting forth: (Ord. 2008-09. Passed 12-1-08.)
(1) The aggregate amounts of salaries, wages, commissions and other activity, less allowable expenses incurred in the acquisition of such gross income earned during the preceding year and subject to such tax:
(2) The amount of the tax imposed by this chapter on such earnings and profits; and
(Ord. 2002-14. Passed 11-81-02.)
(Ord. 2002-14. Passed 11-81-02.)
(3) Such other pertinent statements, information returns, or other information as the Administrator may require, including, but not limited to, a copy of page one (1) of the Federal 1040 return.
(Ord. 2014-08. Passed 12-15-14.)
(c) Extension of Time For Filing Returns. The Administrator may extend the time for filing of the annual return upon the request of the taxpayer for a period of not to exceed six months, or one month beyond any extension requested of or granted by the Internal Revenue Service for the filing of the federal income tax return. The Administrator may require a tentative return, accompanied by payment of the amount of tax shown to be due thereon by the date the return is normally due. No penalty or interest shall be assessed in those cases in which the return is filed and the final tax paid with the period as extended.
(d) Consolidated Returns.
(1) Filing of consolidated returns may be permitted or required in accordance with rules and regulations prescribed by the Administrator.
(2) In the case of a corporation that carried on transactions with its stockholders or with other corporations related by stock ownership, interlocking directorates, or some other method, or in the case any person operates a division, branch, factory, office, laboratory, or activity within the Village of Ashville constituting a portion only of its total business, the Administrator shall require such additional information as he may deem necessary to ascertain whether net profits are properly allocated by the Village of Ashville. If the Administrator finds that net profits are not properly allocated to the Village of Ashville by reason of transactions with stockholders or with other corporations related by stock ownership, interlocking directorates or transactions with such division, branch, factory, office, laboratory or activity or by some other method, he shall make such allocation as he deems appropriate to produce a fair and proper allocation of net profits to the Municipality.
(3) Filing of consolidated returns will be accepted from affiliated groups of corporations that file consolidated returns (for the same tax reporting period) for federal income tax purposes.
(Ord. 2002-14. Passed 11-18-02.)
(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, limitations or both contained in appropriate sections of this chapter. Such amended return shall be on a form obtainable on request from the Administrator. 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 municipal tax liability, such taxpayer shall make and file an amended municipal return showing income subject to the municipal tax based upon such final determination of federal tax liability, and pay any additional tax shown due thereon or make claim for refund of any overpayment.
(Ord. 99-09. Passed 5-17-99.)
(f) Estimated Returns. In any case where a taxpayer has failed to file a return or failed to pay the tax due a return or has filed a return which does not show the proper amount of tax due, the Tax Administrator may determine the amount of tax appearing to be due the Village from the taxpayer based on any information in the Tax Administrator’s possession and shall send to such taxpayer a written statement showing the amount of tax so determined, together with interest and penalties thereon, if any. Such determination may be modified or amended based upon information or data subsequently secured by or made available to the Tax Administrator. If the taxpayer fails to respond to the assessment within 30 days, the tax, penalties, interest, and assessed shall become
due and payable and collectible as are other unpaid taxes, penalties, and interest.
(Ord. 2014-08. Passed 12-15-14.)
(g) The officer or employee having control or supervision of or who is charged with responsibility for filing any return or declaration required by this chapter and making payment, or any officer of a corporation who is responsible for execution of the corporation’s fiscal responsibilities, shall be personally liable for failure to file any return or declaration or pay the tax or employer withholding due by the provisions of this chapter. The dissolution, termination or bankruptcy of a corporation does not discharge a responsible officer’s or employee’s liability for a failure of the corporation to file returns or declarations or pay tax or employer withholding due. (Ord. 2000-19. Passed 7-24-00.)
(h) Permanently Retired or Disabled Returns. If you are permanently retired or disabled, you are required to file an exemption form with the Village the year you officially permanently retire or become permanently disabled. Once this exemption form is properly filed, you no longer are required to submit any further paperwork unless your tax situation changes and/or income is received that is subject to Municipal Income Tax. If you are not permanently retired or disabled but have no taxable income, you are required and must continue to file an exemption form with the Village each year.
(i) Business losses. Business losses are not to be used against W-2 income.
(Ord. 2008-09. Passed 12-1-08.)