(A) Filing of return and payment of tax.
(1) Filing requirements.
(a) Each taxpayer whose earnings or profits are subject to the Bellville Municipal Income Tax, shall on or before April 15 of each year, make and file a return to the Tax Commissioner on a form provided for that purpose. The completed form shall set forth the aggregate amount of taxable income earned together with such other information as may be required by the Tax Commissioner.
(b) Notwithstanding any other provisions of this section, any taxpayer may file a generic income tax return, report or other document in lieu of the forms prescribed by this section provided the return, report or other document when completed and filed contains all of the information required to be submitted on the prescribed forms and the taxpayer or return preparer filing the generic form otherwise complies with this section and the rules and regulations of the Tax Administrator.
(c) 1. Any taxpayer that has requested an extension for filing a federal income tax return may request an extension for the filing of a village income tax return. The taxpayer shall make the request by filing a copy of the taxpayer's request for a federal filing extension with the Fiscal Officer. The request for an extension shall be filed no later than the last day for filing the income tax return as prescribed by this subchapter. The village shall grant such request for extension for a period not less than the period of the federal extension request.
2. The village may deny a taxpayer's request for extension only if the taxpayer fails to timely file the request, fails to file a copy of the request for the federal extension, owes the village any delinquent income tax or any penalty, interest, assessment, or other charge for the late payment or nonpayment of income tax, or has failed to file any required income tax return, report, or other related document for a prior tax period. The granting of an extension for filing the village income tax return does not extend the last date for paying the tax without penalty unless the village grants an extension of that date.
(d) 1. A taxpayer on a fiscal year accounting basis for federal income tax purposes shall, beginning with the first fiscal year in which any part of the year falls within the effective period of this subchapter, file a return within 120 days from the end of the fiscal year, or period.
2. When the due date of a return falls on a weekend, or observed holiday, the due date for filing the return shall fall on the next business day following the original due date of the return.
(e) Every taxpayer shall retain all records necessary to compute tax liability for a period of five years from the date the return is filed or the taxes required to be withheld are paid.
(2) Payment of tax. The taxpayer shall, at the time of filing, pay to the Tax Commissioner, the amount of taxes shown as due thereon. No payment will be required for a tax due less than $1. However, a taxpayer shall be entitled to a credit under the following circumstances:
(a) Deduction at the source. Where any portion of the tax so due shall have been deducted at the source according to the provisions of § 35.128(A) above; or where an income tax has been paid to another municipality according to the provisions set forth in this division, the credit for the amount so paid shall be deducted from the amount shown to be due and only the balance, if any, and if $1 or greater, shall be due and payable at the time of filing the return.
(b) Credit for tax paid to another municipality. Every individual taxpayer who resides in the village who receives net profits, salaries, wages, commissions or other compensation for work done or services performed or rendered outside the village and has paid a municipal income tax or Joint Economic Development District tax on the net profits, salaries, wages, commissions or other compensation in another municipality, shall be allowed to receive a credit upon the income tax imposed by the village equal to 50% of the tax actually paid to the other municipality or 50% of the taxes owed to the village, whichever is less.
(c) Form of credit. The credit for the amount so paid shall be deducted from the amount shown to be due and only the balance, if any, and if $1 or greater, shall be due and payable at the time of filing the return.
(3) Net loss considerations.
(a) The net loss from an unincorporated business activity may not be used to offset salaries, wages, commissions or other compensation for any given taxable year prior to December 31, 2000.
(b) A profit or loss from any entity required by this subchapter filed as a separate entity cannot be offset in any manner.
(c) A taxpayer engaged in two or more taxable business activities to be included in the same return, the net loss of one unincorporated business activity may be used to offset the profits of another for purposes of arriving at overall net profits. Where offsets of profit appear on such return, the net loss shown on the return shall be deducted in the year incurred.
(d) A net operating loss sustained in any taxable year may not be carried forward or backward to any other taxable year.
(e) Business expenses and/or losses may not be deducted from W-2 wages.
(4) Refunds; overpayments.
(a) A taxpayer who has overpaid the amount of tax to which the village is entitled under the provisions of this subchapter may have the overpayment applied against any liability hereunder, or at the taxpayer's election indicated on the return, the overpayment, or part thereof, shall be refunded, if $1 and over, provided that no additional unpaid liability exists, and the claim for refund is within three years after payment was made or the return was due, whichever is later.
(b) When a taxpayer's return indicates that a refund is due and a refund is not issued within 90 days after the Department of Taxation has received proper verification and substantiation as to the validity of the refund claim, interest shall be paid at the rate prescribed by R.C. § 5703.47. A return, which indicates a claim for refund, is not deemed to be filed until all proper verification and the Department of Taxation receives substantiation as to the validity of the refund claim.
(c) 1. If, as a result of investigation conducted by the Fiscal Officer, a return is found to be incorrect, the Fiscal Officer is authorized to assess and collect any underpayment of tax withheld at the source or any underpayment of tax owing by any taxpayer with respect to earnings or net profits, or both. If no return has been filed and a tax is found to be owed, the tax actually owing may be assessed and collected with or without the formality of obtaining a delinquent return from the employer or taxpayer.
2. Should the Fiscal Officer disclose it, either as a result of an investigation or through the medium of the filing of a claim or petition for refund or credit, that an overpayment has been made, the Fiscal Officer will refund such overpayment.
3. The employer will in every instance be required to pay the full tax that should have been withheld, even though he or she may fail to withhold from the employee. If too much has been withheld the excess shall be refunded by the employer to the employee. While the employer will be expected to maintain complete records of such adjustments with the employee, any such adjustment made during any month will not need to be reflected in the withholding return or disclosed by schedules or statements attached thereto.
4. In those cases in which too much has been withheld by an employer from an employee and remitted to the Fiscal Officer and there has been a termination of the employee-employer relationship, the employee may obtain an adjustment by application to the Fiscal Officer.
(5) Consolidated returns.
(a) The Tax Administrator will accept a consolidated income tax return from any affiliated group of corporations subject to the village tax if that affiliated group filed for the same tax-reporting period a consolidated return for federal income tax purposes.
(b) The Fiscal Officer may require additional information to determine whether or not net profits are properly allocated to the village:
1. Where a corporation that carries on transactions with its stockholders or with other corporations related by stock ownership, interlocking directorates;
2. Where any person operates a division, branch, factory, office, laboratory or other activity inside the village constituting only a portion of its total business; or
3. By some other method.
(c) If the Fiscal Officer finds that net profits are not properly allocated to the village by reasons 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 or she shall make such allocation as he or she deems appropriate to produce a fair and proper allocation of net profits to the village.
(B) Late filing fee. Failure to file any required documentation in a timely manner as prescribed in this section will be subject to a late filing fee as prescribed in § 35.134(A) below.
(Ord. 33-01, Art. 5, passed 12-3-2001)