(A) Any information gained as a result of returns, investigations, hearings or verifications required or authorized by §§ 37.091 through 37.105 and 37.999(D) is confidential, and no person shall disclose such information, except for official purposes, in accordance with a proper judicial order, or as provided in R.C. §§ 4123.271 or 5703.21. The Tax Commissioner may furnish the Internal Revenue Service with copies of returns filed. This section does not prohibit the publication of statistics in a form which does not disclose information with respect to particular taxpayers.
(B) In May and November of each year, the Tax Commissioner shall provide the Village Tax Administrator with the following information for every taxpayer that filed tax returns with the Commissioner under §§ 37.091 through 37.105 and 37.999(D) and that had municipal taxable income apportionable to the village under this subchapter for any prior year:
(1) The taxpayer’s name, address and federal employer identification number;
(2) The taxpayer’s apportionment ratio for, and amount of municipal taxable income apportionable to, the village pursuant to § 37.093;
(3) The amount of any pre-2017 net operating loss carryforward utilized by the taxpayer;
(4) Whether the taxpayer requested that any overpayment be carried forward to a future taxable year; and
(5) The amount of any credit claimed under R.C. § 718.94.
(C) Not later than 30 days after each distribution made to municipal corporations under R.C. § 718.83, the Tax Commissioner shall provide to the village a report stating the name and federal identification number of every taxpayer that made estimated payments that are attributable to the village and the amount of each such taxpayer’s estimated payment.
(D) The information described under divisions (B) and (C) above shall be provided to the individual or individuals designated by the Village Tax Administrator under R.C. § 718.83.
(E) (1) The village expects that the Tax Commissioner will, pursuant to R.C. § 718.84(E), provide tax returns and other information it receives in the performance of its administration of the municipal net profits tax for taxpayers making the election provided in § 37.091. The Tax Administrator shall review these returns and information, as well as the information received pursuant to divisions (B) and (C) above, and has discretion to refer any taxpayer for audit by the Tax Commissioner. Such referral shall be made on a form prescribed by the Commissioner and shall include any information that forms the basis for the referral.
(2) If the Tax Commissioner declines to audit a taxpayer referred by the Tax Administrator under this section, the village reserves its right to pursue any and all remedies, whether at law or in equity, to ensure that the correct tax liability has been calculated and paid by the taxpayer.
(Ord. 03-18, passed 2-26-2018) Penalty, see § 37.999