(A) Date and exemptions. Each person who engaged in business, or whose salary, wages, commissions or other compensation are subject to the tax imposed by this chapter shall, whether or not a tax is due thereon, make and file, on or before April 30 in each year beginning with the year 1976, a return with the Tax Commissioner. A taxpayer on a fiscal year accounting basis for federal income tax purposes shall, beginning with his or her first fiscal year, any part of which falls within the effective period of this chapter, file his or her return within four months from the end of such fiscal year or period. The Tax Commissioner is hereby authorized to provide by regulation that the return of an employer or employers, showing the amount of tax deducted by the employer or employers from the salaries, wages, commissions or other compensation of an employee, and paid by the employer or employers to the Tax Commissioner shall be accepted as the return required of any employee whose sole income, subject to tax under this chapter, is such salary, wages, commissions or other compensation.
(B) Returns and contents thereof. The return shall be filed with the Tax Commissioner on a form or forms furnished by or obtainable upon request from the Tax Commissioner setting forth:
(1) The aggregate amounts of salaries, wages, commissions and other compensation earned, and gross income from any business, profession or 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
(3) Such other pertinent statements, information returns or other information as the Tax Commissioner may require, including a statement that the figures used in the return are the figures used in the return for federal income tax, adjusted to set forth only such income as is taxable under the provisions of this chapter.
(C) Extensions. The Tax Commissioner may extend the time for filing of the annual return upon the request of the taxpayer for a period of not more than six months, or one month beyond any extension requested of or granted by the Internal Revenue Service for filing of the federal income tax return. The Tax Commissioner 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 within the period as extended.
(D) Payment with returns.
(1) The taxpayer making a return shall at the time of the filing thereof pay to the Tax Commissioner the amount of taxes shown as due thereon; however, where the source, pursuant to the provisions of § 35.18 or where any portion of such tax has been paid by the taxpayer pursuant to the provisions of § 35.19.
(2) A taxpayer who has overpaid the amount of tax to which the municipality is entitled under the provisions of this chapter may have such overpayment applied against any subsequent liability hereunder or at his or her election indicated on the return, such 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 limitations contained in § 35.21. Such amended returns shall be on a form obtainable on request from the Tax Commissioner.
(2) Within three months from the final determination of any federal tax liability affecting the taxpayer’s village tax liability, such taxpayer shall make and file an amended village return, showing income subject to the municipal tax based upon such final determination of federal tax liability, and pay any additional tax shown thereon, or make claim for refund of any overpayment.
(1997 Code, § 35.17) (Ord. 556-74, passed 12-9-1974; Ord. 1049-04, passed 12-6-2004)