(B) Upon receipt of a request for a refund, the Tax Administrator, in accordance with this section, shall refund to employers, agents of employers, other payers, or taxpayers, with respect to any income or withholding tax levied by the municipal corporation.
(1) Overpayments of ten dollars ($10.00) or more.
(2) Amounts paid erroneously if the refund requested is ten dollars ($10.00) or more.
(C) (1) Except as otherwise provided in this chapter, requests for refund shall be filed with the Tax Administrator, on the form prescribed by the Tax Administrator within three years after the tax was due or paid, whichever is later. The Tax Administrator may require the requestor to file with the request any documentation that substantiates the requestor's claim for a refund.
(2) On filing of the refund request, the Tax Administrator shall determine the amount of refund due and certify such amount to the appropriate municipal corporation official for payment. Except as provided in division (C)(3) of this section, the administrator shall issue an assessment to any taxpayer whose request for refund is fully or partially denied. The assessment shall state the amount of the refund that was denied, the reasons for the denial, and instructions for appealing the assessment.
(3) If a Tax Administrator denies in whole or in part a refund request included within the taxpayer's originally filed annual income tax return, the Tax Administrator shall notify the taxpayer, in writing, of the amount of the refund that was denied, the reasons for the denial, and instructions for requesting an assessment that may be appealed under Section 192.21.
(D) A request for a refund that is received after the last day for filing specified in division (C) of this section shall be considered to have been filed in a timely manner if any of the following situations exist.
(1) The request is delivered by the postal service, and the earliest postal service postmark on the cover in which the request is enclosed is not later than the last day for filing the request.
(2) The request is delivered by the postal service, the only postmark on the cover in which the request is enclosed was affixed by a private postal meter, the date of that postmark is not later than the last day for filing the request, and the request is received within seven days of such last day.
(3) The request is delivered by the postal service, no postmark date was affixed to the cover in which the request is enclosed or the date of the postmark so affixed is not legible, and the request is received within seven days of the last day for making the request.
(E) Interest shall be allowed and paid on any overpayment by a taxpayer of any municipal income tax obligation from the date of the overpayment until the date of the refund of the overpayment, except that if any overpayment is refunded within 90 days after the final filing date of the annual return or 90 days after the completed return is filed, whichever is later, no interest shall be allowed on the refund. For the purpose of computing the payment of interest on amounts overpaid, no amount of tax for any taxable year shall be considered to have been paid before the date on which the return on which the tax is reported is due, without regard to any extension of time for filing that return. Interest shall be paid at the interest rate described in Section 192.18 (A)(4).
(Ord. 2015-10. Passed 12-7-15.)
(A) Income tax that has been deposited with the Village of Ashville, but should have been deposited with another municipality, is allowable by the Village of Ashville as a refund but is subject to the three-year limitation on refunds.
(B) Income tax that was deposited with another municipality but should have been deposited with the Village of Ashville is subject to recovery by the Village of Ashville. If the Village of Ashville's tax on that income is imposed after the time period allowed for a refund of the tax or withholding paid to the other municipality, the Village of Ashville shall allow a nonrefundable credit against the tax or withholding the Village of Ashville claims is due with respect to such income or wages, equal to the tax or withholding paid to the first municipality with respect to such income or wages.
(C) If the Village of Ashville's tax rate is less than the tax rate in the other municipality, then the nonrefundable credit shall be calculated using the Village of Ashville's tax rate. However, if the Village of Ashville's tax rate is greater than the tax rate in the other municipality, the tax due in excess of the nonrefundable credit is to be paid to the Village of Ashville along with any penalty and interest that accrued during the period of nonpayment.
(D) Nothing in this section permits any credit carryforward.
(Ord. 2015-10. Passed 12-7-15.)