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(A) Return and payment of tax.
(1) (a) An annual return with respect to the income tax levied on municipal taxable income by the municipality shall be completed and filed by every taxpayer for any taxable year for which the taxpayer is subject to the tax, regardless of whether or not income tax is due.
(b) The Tax Commissioner shall accept on behalf of all nonresident and resident a return filed by an employer, agent of an employer, or other payer located in the municipality under § 95A.05(A)(3) of this chapter when the nonresident or resident individual taxpayer’s sole income subject to the tax is the qualifying wages reported by the employer, agent of an employer, or other payer, and no additional tax is due to the municipality.
(2) If an individual is deceased, any return or notice required of that individual shall be completed and filed by that decedent’s executor, Commissioner, or other person charged with the property of that decedent.
(3) If an individual is unable to complete and file a return or notice required by the municipality in accordance with this chapter, the return or notice required of that individual shall be completed and filed by the individual’s duly authorized agent, guardian, conservator, fiduciary, or other person charged with the care of the person or property of that individual. Such duly authorized agent, guardian, conservator, fiduciary, or other person charged with the care of the person or property of that individual shall provide, with the filing of the return, appropriate documentation to support that they are authorized to file a return or notice on behalf of the taxpayer. This notice shall include any legally binding authorizations, and contact information including name, address, and phone number of the duly authorized agent, guardian, conservator, fiduciary, or other person.
(4) Returns or notices required of an estate or a trust shall be completed and filed by the fiduciary of the estate or trust. Such fiduciary shall provide, with the filing of the return, appropriate documentation to support that they are authorized to file a return or notice on behalf of the taxpayer. This notice shall include any legally binding authorizations, and contact information including name, address, and phone number of the fiduciary.
(5) No municipal corporation shall deny spouses the ability to file a joint return.
(6) (a) Each return required to be filed under this section shall contain the signature of the taxpayer or the taxpayer’s duly authorized agent and of the person who prepared the return for the taxpayer, and shall include the taxpayer’s Social Security number or taxpayer identification number. Each return shall be verified by a declaration under penalty of perjury.
(b) A taxpayer who is an individual is required to include, with each annual return, amended return, or request for refund required under this section, copies of only the following documents: all of the taxpayer’s Internal Revenue Service form W-2, “Wage and Tax Statements,” including all information reported on the taxpayer’s federal W-2, as well as taxable wages reported or withheld for any municipal corporation; the taxpayer’s Internal Revenue Service form 1040; and, with respect to an amended tax return or refund request, any other documentation necessary to support the refund request or the adjustments made in the amended return. An individual taxpayer who files the annual return required by this section electronically is not required to provide paper copies of any of the foregoing to the Tax Commissioner unless the Tax Commissioner requests such copies after the return has been filed.
(c) A taxpayer that is not an individual is required to include, with each annual net profit return, amended net profit return, or request for refund required under this section, copies of only the following documents: the taxpayer’s Internal Revenue Service form 1041, form 1065, form 1120, form 1120-REIT, form 1120F, or form 1120S, and, with respect to an amended tax return or refund request, any other documentation necessary to support the refund request or the adjustments made in the amended return.
(d) A taxpayer that is not an individual and that files an annual net profit return electronically through the Ohio business gateway or in some other manner shall either mail the documents required under this division to the Tax Commissioner at the time of filing or, if electronic submission is available, submit the documents electronically through the Ohio business gateway or a portal provided by municipality. The department of taxation shall publish a method of electronically submitting the documents required under this division through the Ohio business gateway on or before January 1, 2016. The department shall transmit all documents submitted electronically under this division to the appropriate Tax Commissioner.
(e) After a taxpayer files a tax return, the Tax Commissioner shall request, and the taxpayer shall provide, any information, statements, or documents required by the municipality to determine and verify the taxpayer’s municipal income tax liability. The requirements imposed under this division (A)(6) apply regardless of whether the taxpayer files on a generic form or on a form prescribed by the Tax Commissioner.
(f) Any other documentation, including schedules, other municipal income tax returns, or other supporting documentation necessary to verify credits, income, losses, or other pertinent factors on the return shall also be included to avoid delay in processing, or disallowance by the Tax Commissioner of undocumented credits or losses.
(7) (a) 1. Except as otherwise provided in this chapter, each individual income tax return required to be filed under this section shall be completed and filed as required by the Tax Commissioner on or before the date prescribed for the filing of state individual income tax returns under R.C. § 5747.08(G). The taxpayer shall complete and file the return or notice on forms prescribed by the Tax Commissioner or on generic forms, together with remittance made payable to the municipality or Tax Commissioner.
2. Except as otherwise provided in this chapter, each annual net profit income tax return required to be filed under this section by a taxpayer that is not an individual shall be completed and filed as required by the tax Commissioner on or before the fifteenth day of the fourth month following the end of the taxpayer’s taxable year or period. The taxpayer shall complete and file the return or notice on forms prescribed by the tax Commissioner or on generic forms, together with remittance made payable to the municipality or Tax Commissioner.
3. In the case of individual income tax return required to be filed by an individual, and net profit income tax return required to be filed by a taxpayer who is not an individual, no remittance is required if the amount shown to be due is $10 or less.
(b) If the Tax Commissioner considers it necessary in order to ensure the payment of the tax imposed by the municipality in accordance with this chapter, the Tax Commissioner may require taxpayers to file returns and make payments otherwise than as provided in this section, including taxpayers not otherwise required to file annual returns.
(c) With respect to taxpayers to whom division (B) of this section applies, to the extent that any provision in this division (A)(7) conflicts with any provision in division (B) of this section, the provision in division (B) prevails.
(8) (a) For taxable years beginning after 2015, the municipality shall not require a taxpayer to remit tax with respect to net profits if the amount due is $10 or less.
(b) Any taxpayer not required to remit tax to the municipality for a taxable year pursuant to division (A)(8)(a) of this section shall file with the municipality an annual net profit return under divisions (A)(6)(c) and (d) of this section.
(9) This division shall not apply to payments required to be made under § 95A.05(A)(2)(b) of this chapter.
(a) If any report, claim, statement, or other document required to be filed, or any payment required to be made, within a prescribed period or on or before a prescribed date under this chapter is delivered after that period or that to the Tax Commissioner or other municipal official with which the report, claim, statement, or other document is required to be filed, or to which the payment is required to be made, the date of the postmark stamped on the cover in which the report, claim, statement, or other document, or payment is mailed shall be deemed to be the date of delivery or the date of payment. THE DATE OF POSTMARK means, in the event there is more than one date on the cover, the earliest date imprinted on the cover by the postal service.
(b) If a payment is required to be made by electronic funds transfer, the payment is considered to be made when the payment is credited to an account designated by the Tax Commissioner for the receipt of tax payments, except that, when a payment made by electronic funds transfer is delayed due to circumstances not under the control of the taxpayer, the payment is considered to be made when the taxpayer submitted the payment. For purposes of this section, SUBMITTED THE PAYMENT means the date which the taxpayer has designated for the delivery of payment, which may or may not be the same date as the date the payment was initiated by the taxpayer.
(10) The amounts withheld for the municipality by an employer, the agent of an employer, or other payer as described in § 95A.05(A) of this chapter shall be allowed to the recipient of the compensation as credits against payment of the tax imposed on the recipient unless the amounts withheld were not remitted to the municipality and the recipient colluded with the employer, agent, or other payer in connection with the failure to remit the amounts withheld.
(11) Each return required by the municipality to be filed in accordance with this section shall include a box that the taxpayer may check to authorize another person, including a tax return preparer who prepared the return, to communicate with the Tax Commissioner about matters pertaining to the return. The return or instructions accompanying the return shall indicate that by checking the box the taxpayer authorizes the Tax Commissioner to contact the preparer or other person concerning questions that arise during the examination or other review of the return and authorizes the preparer or other person only to provide the Tax Commissioner with information that is missing from the return, to contact the Tax Commissioner for information about the examination or other review of the return or the status of the taxpayer’s refund or payments, and to respond to notices about mathematical errors, offsets, or return preparation that the taxpayer has received from the Tax Commissioner and has shown to the preparer or other person. Authorization by the taxpayer of another person to communicate with the Tax Commissioner about matters pertaining to the return does not preclude the Tax Commissioner from contacting the taxpayer regarding such matters.
(12) The Tax Commissioner of the municipality shall accept for filing a generic form of any income tax return, report, or document required by the municipality in accordance with this chapter, provided that the generic form, once completed and filed, contains all of the information required by ordinances, resolutions, or rules adopted by the municipality or Tax Commissioner, and provided that the taxpayer or tax return preparer filing the generic form otherwise complies with the provisions of this chapter and of the municipality’s ordinance or resolution governing the filing of returns, reports, or documents.
(13) When income tax returns, reports, or other documents require the signature of a tax return preparer, the Tax Commissioner shall accept a facsimile of such a signature in lieu of a manual signature.
(14) (a) As used in this division (A)(14), WORKSITE LOCATION has the same meaning as in § 95A.05(B) of this chapter.
(b) 1. A person may notify a tax Commissioner that the person does not expect to be a taxpayer with respect to the municipal corporation for a taxable year if both of the following conditions apply:
a. The person was required to file a tax return with the municipal corporation for the immediately preceding taxable year because the person performed services at a worksite location within the municipal corporation, and the person has filed all appropriate and required returns and remitted all applicable income tax and withholding payments as provided by this chapter. The tax Commissioner is not required to accept an affidavit from a taxpayer who has not complied with the provisions of this chapter; and
b. The person no longer provides services in the municipal corporation, and does not expect to be subject to the municipal corporation’s income tax for the taxable year.
2. The person shall provide the notice in a signed affidavit that briefly explains the person’s circumstances, including the location of the previous worksite location and the last date on which the person performed services or made any sales within the municipal corporation. The affidavit also shall include the following statement: “The affiant has no plans to perform any services within the municipal corporation, make any sales in the municipal corporation, or otherwise become subject to the tax levied by the municipal corporation during the taxable year. If the affiant does become subject to the tax levied by the municipal corporation for the taxable year, the affiant agrees to be considered a taxpayer and to properly register as a taxpayer with the municipal corporation, if such a registration is required by the municipal corporation’s resolutions, ordinances, or rules.” The person shall sign the affidavit under penalty of perjury.
3. If a person submits an affidavit described in division (A)(14)(b) of this section, the tax Commissioner shall not require the person to file any tax return for the taxable year unless the tax Commissioner possesses information that conflicts with the affidavit or if the circumstances described in the affidavit change, or the taxpayer has engaged in activity which results in work being performed, services provided, sales made, or other activity that results in municipal taxable income reportable to the municipality in the taxable year. It shall be the responsibility of the taxpayer to comply with the provisions of this chapter relating to the reporting and filing of municipal taxable income on an annual municipal income tax return, even if an affidavit has been filed with the tax Commissioner for the taxable year. Nothing in division (A)(14) of this section prohibits the tax Commissioner from performing an audit of the person.
(B) Return and payment of tax; individuals serving in combat zone.
(1) Each member of the National Guard of any state and each member of a reserve component of the Armed Forces of the United States called to active duty pursuant to an executive order issued by the President of the United States or an act of the Congress of the United States, and each civilian serving as support personnel in a combat zone or contingency operation in support of the Armed Forces, may apply to the Tax Commissioner of the municipality for both an extension of time for filing of the return and an extension of time for payment of taxes required by the municipality in accordance with this chapter during the period of the member’s or civilian’s duty service and for 180 days thereafter. The application shall be filed on or before the one hundred eightieth day after the member’s or civilian’s duty terminates. An applicant shall provide such evidence as the Tax Commissioner considers necessary to demonstrate eligibility for the extension.
(2) (a) If the Tax Commissioner ascertains that an applicant is qualified for an extension under this division (B), the Tax Commissioner shall enter into a contract with the applicant for the payment of the tax in installments that begin on the one hundred eighty-first day after the applicant’s active duty or service terminates. Except as provided in division (B)(2)(c) of this section, the Tax Commissioner may prescribe such contract terms as the Tax Commissioner considers appropriate.
(b) If the Tax Commissioner ascertains that an applicant is qualified for an extension under this division (B), the applicant shall neither be required to file any return, report, or other tax document nor be required to pay any tax otherwise due to the municipality before the one hundred eighty-first day after the applicant’s active duty or service terminates.
(c) Taxes paid pursuant to a contract entered into under division (B)(2)(a) of this section are not delinquent. The Tax Commissioner shall not require any payments of penalties or interest in connection with those taxes for the extension period.
(3) (a) Nothing in this division (B)(3) denies to any person described in this division the application of divisions (B)(1) and (2) of this section.
(b) 1. A qualifying taxpayer who is eligible for an extension under the Internal Revenue Code shall receive both an extension of time in which to file any return, report, or other tax document and an extension of time in which to make any payment of taxes required by the municipality in accordance with this chapter. The length of any extension granted under division (B)(3)(b)1. of this section shall be equal to the length of the corresponding extension that the taxpayer receives under the Internal Revenue Code. As used in this section, QUALIFYING TAXPAYER means a member of the National Guard or a member of a reserve component of the Armed Forces of the United States called to active duty pursuant to either an executive order issued by the President of the United States or an act of the Congress of the United States, or a civilian serving as support personnel in a combat zone or contingency operation in support of the Armed Forces.
2. Taxes the payment of which is extended in accordance with division (B)(3)(b)1. of this section are not delinquent during the extension period. Such taxes become delinquent on the first day after the expiration of the extension period if the taxes are not paid prior to that date. The Tax Commissioner shall not require any payment of penalties or interest in connection with those taxes for the extension period. The Tax Commissioner shall not include any period of extension granted under division (B)(3)(b)1. of this section in calculating the penalty or interest due on any unpaid tax.
(4) For each taxable year to which division (B)(1), (2), or (3) of this section applies to a taxpayer, the provisions of divisions (B)(2)(b) and (c) or (B)(3) of this section, as applicable, apply to the spouse of that taxpayer if the filing status of the spouse and the taxpayer is married filing jointly for that year.
(C) Use of Ohio Business Gateway; types of filings authorized.
(1) Any taxpayer subject to municipal income taxation with respect to the taxpayer’s net profit from a business or profession may file any municipal income tax return or, estimated municipal income tax return, or extension for filing a municipal income tax return, and may make payment of amounts shown to be due on such returns, by using the Ohio Business Gateway.
(2) Any employer, agent of an employer, or other payer may report the amount of municipal income tax withheld from qualifying wages, and may make remittance of such amounts, by using the Ohio Business Gateway.
(3) Nothing in this division (C) affects the due dates for filing employer withholding tax returns or deposit of any required tax.
(4) The use of the Ohio Business Gateway by municipal corporations, taxpayers, or other persons does not affect the legal rights of municipalities or taxpayers as otherwise permitted by law. The State of Ohio shall not be a party to the administration of municipal income taxes or to an appeal of a municipal income tax matter, except as otherwise specifically provided by law.
(5) Nothing in this division (C) shall be construed as limiting or removing the authority of any municipal corporation to administer, audit, and enforce the provisions of its municipal income tax.
(D) Extension of time to file.
(1) Any taxpayer that has duly requested an automatic six-month extension for filing the taxpayer’s federal income tax return shall automatically receive an extension for the filing of a municipal income tax return. The extended due date of the municipal income tax return shall be the fifteenth day of the tenth month after the last day of the taxable year to which the return relates. The extended due date of the municipal return for any taxpayer that is not an individual shall be the fifteenth day of the eleventh month after the last day of the taxable year to which the return relates.
(2) Any taxpayer that qualifies for an automatic federal extension for a period other than six months for filing the taxpayer’s federal income tax return shall automatically receive an extension for the filing of a municipal income tax return. The extended due date of the municipal income tax return shall be the same as that of the extended federal income tax return.
(3) A taxpayer that has not requested or received a six-month extension for filing the taxpayer’s federal income tax return may request that the Tax Commissioner grant the taxpayer a six-month extension of the date for filing the taxpayer’s municipal income tax return. If the request is received by the Tax Commissioner on or before the date the municipal income tax return is due, the Tax Commissioner shall grant the taxpayer’s requested extension.
(4) An extension of time to file under this chapter is not an extension of the time to pay any tax due unless the Tax Commissioner grants an extension of that date.
(5) If the State Tax Commissioner extends for all taxpayers the date for filing state income tax returns under R.C. § 5747.08(G), a taxpayer shall automatically receive an extension for the filing of a municipal income tax return. The extended due date of the municipal income tax return shall be the same as the extended due date of the state income tax return.
(E) Amended returns.
(1) (a) A taxpayer shall file an amended return with the Tax Commissioner in such form as the Tax Commissioner requires if any of the facts, figures, computations, or attachments required in the taxpayer’s annual return to determine the tax due levied by the municipality in accordance with this chapter must be altered.
(b) Within 60 days after the final determination of any federal or state tax liability affecting the taxpayer’s municipal tax liability, that taxpayer shall make and file an amended municipal return showing income subject to the municipal income tax based upon such final determination of federal or state tax liability, and pay any additional municipal income tax shown due thereon or make a claim for refund of any overpayment, unless the tax or overpayment is $10 or less.
(c) If a taxpayer intends to file an amended consolidated municipal income tax return, or to amend its type of return from a separate return to a consolidated return, based on the taxpayer’s consolidated federal income tax return, the taxpayer shall notify the Tax Commissioner before filing the amended return.
(2) (a) In the case of an underpayment, the amended return shall be accompanied by payment of any combined additional tax due together with any penalty and interest thereon. If the combined tax shown to be due is $10 or less, such amount need not accompany the amended return. Except as provided under division (E)(2)(b) of this section, the amended return shall not reopen those facts, figures, computations, or attachments from a previously filed return that are not affected, either directly or indirectly, by the adjustment to the taxpayer’s federal or state income tax return unless the applicable statute of limitations for civil actions or prosecutions under § 95A.19 of this chapter has not expired for a previously filed return.
(b) The additional tax to be paid shall not exceed the amount of tax that would be due if all facts, figures, computations, and attachments were reopened.
(3) (a) In the case of an overpayment, a request for refund may be filed under this division within the period prescribed by § 95A.19(A)(2) of this chapter for filing the amended return even if it is filed beyond the period prescribed in that division if it otherwise conforms to the requirements of that division. If the amount of the refund is $10 or less, no refund need be paid by the municipality to the taxpayer. Except as set forth in division (E)(3)(b) of this section, a request filed under this division shall claim refund of overpayments resulting from alterations to only those facts, figures, computations, or attachments required in the taxpayer’s annual return that are affected, either directly or indirectly, by the adjustment to the taxpayer’s federal or state income tax return unless it is also filed within the time prescribed in division (F) of this section. Except as set forth in division (E)(3)(b) of this section, the request shall not reopen those facts, figures, computations, or attachments that are not affected, either directly or indirectly, by the adjustment to the taxpayer’s federal or state income tax return.
(b) The amount to be refunded shall not exceed the amount of refund that would be due if all facts, figures, computations, and attachments were reopened.
(F) Refunds.
(1) Upon receipt of a request for a refund, the Tax Commissioner of the municipality, in accordance with this division (F), shall refund to employers, agents of employers, other payers, or taxpayers, with respect to any income or withholding tax levied by the municipality:
(a) Overpayments of more than $10; and
(b) Amounts paid erroneously if the refund requested exceeds $10.
(2) (a) Except as otherwise provided in this chapter, returns setting forth a request for refund shall be filed with the Tax Commissioner, within three years after the tax was due or paid, whichever is later. Any documentation that substantiates the taxpayer’s claim for a refund must be included with the return filing. Failure to remit all documentation, including schedules, other municipal income tax returns, or other supporting documentation necessary to verify credits, income, losses or other pertinent factors on the return will cause delay in processing, and/or disallowance of undocumented credits or losses.
(b) On filing of the refund request, the Tax Commissioner shall determine the amount of refund due and certify such amount to the appropriate municipal corporation official for payment. Except as provided in division (F)(2)(c) of this section, the Commissioner 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.
(c) If a Tax Commissioner denies in whole or in part a refund request included within the taxpayer’s originally filed annual income tax return, the Tax Commissioner 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 § 95A.18 of this chapter.
(3) A request for a refund that is received after the last day for filing specified in division (F)(2) of this section shall be considered to have been filed in a timely manner if any of the following situations exist:
(a) 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.
(b) 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.
(c) 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.
(4) 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 § 95A.10(A)(4) of this chapter.
(5) As used in this division (F), WITHHOLDING TAX has the same meaning as in § 95A.10 of this chapter.
(Ord. 8463, passed 11-2-2015; Am. Ord. 9121, passed 9-18-2023)
Statutory reference:
Amended returns, see R.C. § 718.41
Annual return; filing; extensions, see R.C. § 718.05
Filing extension for certain armed forces service, see R.C. § 718.052
Limitations, see R.C. § 718.12
Requests for refunds, see R.C. § 718.19
Use of Ohio Business Gateway, see R.C. § 718.051
(A) As used in this section:
(1) APPLICABLE LAW means this chapter, the resolutions, ordinances, codes, directives, instructions, and rules adopted by the municipality provided such resolutions, ordinances, codes, directives, instructions, and rules impose or directly or indirectly address the levy, payment, remittance, or filing requirements of a municipal income tax.
(2) FEDERAL SHORT-TERM RATE means the rate of the average market yield on outstanding marketable obligations of the United States with remaining periods to maturity of three years or less, as determined under section 1274 of the Internal Revenue Code, for July of the current year.
(3) INCOME TAX, ESTIMATED INCOME TAX, and WITHHOLDING TAX mean any income tax, estimated income tax, and withholding tax imposed by a municipal corporation pursuant to applicable law, including at any time before January 1, 2016.
(4) INTEREST RATE AS DESCRIBED IN DIVISION (A) OF THIS SECTION means the federal short-term rate, rounded to the nearest whole number per cent, plus 5%. The rate shall apply for the calendar year next following the July of the year in which the federal short-term rate is determined in accordance with division (A)(2) of this section.
(5) RETURN includes any tax return, report, reconciliation, schedule, and other document required to be filed with a Tax Commissioner or municipal corporation by a taxpayer, employer, any agent of the employer, or any other payer pursuant to applicable law, including at any time before January 1, 2016.
(6) UNPAID ESTIMATED INCOME TAX means estimated income tax due but not paid by the date the tax is required to be paid under applicable law.
(7) UNPAID INCOME TAX means income tax due but not paid by the date the income tax is required to be paid under applicable law.
(8) UNPAID WITHHOLDING TAX means withholding tax due but not paid by the date the withholding tax is required to be paid under applicable law.
(9) WITHHOLDING TAX includes amounts an employer, any agent of an employer, or any other payer did not withhold in whole or in part from an employee’s qualifying wages, but that, under applicable law, the employer, agent, or other payer is required to withhold from an employee’s qualifying wages.
(B) (1) This section shall apply to the following:
(a) Any return required to be filed under applicable law for taxable years beginning on or after January 1, 2016;
(b) Income tax, estimated income tax, and withholding tax required to be paid or remitted to the municipality on or after January 1, 2016 for taxable years beginning on or after January 1, 2016
(2) This section does not apply to returns required to be filed or payments required to be made before January 1, 2016, regardless of the filing or payment date. Returns required to be filed or payments required to be made before January 1, 2016, but filed or paid after that date shall be subject to the ordinances or rules,, as adopted from time to time before January 1, 2016 of this municipality.
(C) The municipality shall impose on a taxpayer, employer, any agent of the employer, and any other payer, and will attempt to collect, the interest amounts and penalties prescribed in this section when the taxpayer, employer, any agent of the employer, or any other payer for any reason fails, in whole or in part, to make to the municipality timely and full payment or remittance of income tax, estimated income tax, or withholding tax or to file timely with the municipality any return required to be filed.
(1) Interest shall be imposed at the rate defined as “interest rate as described in division (A) of this section,” per annum, on all unpaid income tax, unpaid estimated income tax, and unpaid withholding tax. This imposition of interest shall be assessed per month, or fraction of a month.
(2) With respect to unpaid income tax and unpaid estimated income tax, a penalty equal to 15% of the amount not timely paid shall be imposed.
(3) With respect to any unpaid withholding tax, a penalty up to 50% of the amount not timely paid shall be imposed.
(4) With respect to returns other than estimated income tax returns, the municipality shall impose a penalty not exceeding $25 for each failure to timely file each return, regardless of the liability shown, except that the City of Bowling Green shall abate or refund the penalty assessed on a taxpayer's first failure to timely file a return after the taxpayer files that return.
(D) With respect to income taxes, estimated income taxes, withholding taxes, and returns, the municipality shall not impose, seek to collect, or collect any penalty, amount of interest, charges or additional fees not described in this section.
(E) With respect to income taxes, estimated income taxes, withholding taxes, and returns, the municipality shall not refund or credit any penalty, amount of interest, charges, or additional fees that were properly imposed or collected before January 1, 2016.
(F) The Tax Commissioner may, in the Tax Commissioner’s sole discretion, abate or partially abate penalties or interest imposed under this section when the Tax Commissioner deems such abatement or partial abatement to be appropriate. Such abatement or partial abatement shall be properly documented and maintained on the record of the taxpayer who received benefit of such abatement or partial abatement.
(G) The municipality may impose on the taxpayer, employer, any agent of the employer, or any other payer the municipality’s post-judgment collection costs and fees, including attorney’s fees.
(Ord. 8463, passed 11-2-2015; Am. Ord. 8660, passed 2-20-2018; Am. Ord. 9121, passed 9-18-2023)
Statutory reference:
Interest and penalties, see R.C. § 718.27
(A) At or before the commencement of an audit, as defined in § 95A.03(C)(3) of this chapter, the Tax Commissioner shall provide to the taxpayer a written description of the roles of the Tax Commissioner and of the taxpayer during an audit and a statement of the taxpayer’s rights, including any right to obtain a refund of an overpayment of tax. At or before the commencement of an audit, the Tax Commissioner shall inform the taxpayer when the audit is considered to have commenced.
(B) Except in cases involving suspected criminal activity, the Tax Commissioner shall conduct an audit of a taxpayer during regular business hours and after providing reasonable notice to the taxpayer. A taxpayer who is unable to comply with a proposed time for an audit on the grounds that the proposed time would cause inconvenience or hardship must offer reasonable alternative dates for the audit.
(C) (1) At all stages of an audit by the Tax Commissioner, a taxpayer is entitled to be assisted or represented by an attorney, accountant, bookkeeper, or other tax practitioner. The Tax Commissioner shall prescribe a form by which a taxpayer may designate such a person to assist or represent the taxpayer in the conduct of any proceedings resulting from actions by the Tax Commissioner. If a taxpayer has not submitted such a form, the Tax Commissioner may accept other evidence, as the Tax Commissioner considers appropriate, that a person is the authorized representative of a taxpayer.
(2) A taxpayer may refuse to answer any questions asked by the person conducting an audit until the taxpayer has an opportunity to consult with the taxpayer’s attorney, accountant, bookkeeper, or other tax practitioner. This division does not authorize the practice of law by a person who is not an attorney.
(D) A taxpayer may record, electronically or otherwise, the audit examination.
(E) The failure of the Tax Commissioner to comply with a provision of this section shall neither excuse a taxpayer from payment of any taxes owed by the taxpayer nor cure any procedural defect in a taxpayer’s case.
(F) If the Tax Commissioner fails to substantially comply with the provisions of this section, the Tax Commissioner, upon application by the taxpayer, shall excuse the taxpayer from penalties and interest arising from the audit.
(Ord. 8463, passed 11-2-2015)
Statutory reference:
Audits, see R.C. § 718.36
A person may round to the nearest whole dollar all amounts the person is required to enter on any return, report, voucher, or other document required under this chapter. Any fractional part of a dollar that equals or exceeds $0.50 shall be rounded to the next whole dollar, and any fractional part of a dollar that is less than $0.50 shall be dropped, rounding down to the nearest whole dollar. If a person chooses to round amounts entered on a document, the person shall round all amounts entered on the document.
(Ord. 8463, passed 11-2-2015)
Statutory reference:
Rounding of amounts, see R.C. § 718.25
(A) Administrative powers of the Tax Commissioner. The Tax Commissioner has the authority to perform all duties and functions necessary and appropriate to implement the provisions of this chapter, including without limitation:
(1) Exercise all powers whatsoever of an inquisitorial nature as provided by law, including, the right to inspect books, accounts, records, memorandums, and federal and state income tax returns, to examine persons under oath, to issue orders or subpoenas for the production of books, accounts, papers, records, documents, and testimony, to take depositions, to apply to a court for attachment proceedings as for contempt, to approve vouchers for the fees of officers and witnesses, and to administer oaths; provided that the powers referred to in this division of this section shall be exercised by the Tax Commissioner only in connection with the performance of the duties respectively assigned to the Tax Commissioner under a municipal corporation income tax ordinance or resolution adopted in accordance with this chapter;
(2) Appoint agents and prescribe their powers and duties;
(3) Confer and meet with officers of other municipal corporations and states and officers of the United States on any matters pertaining to their respective official duties as provided by law;
(4) Exercise the authority provided by law, including orders from bankruptcy courts, relative to remitting or refunding taxes, including penalties and interest thereon, illegally or erroneously imposed or collected, or for any other reason overpaid, and, in addition, the Tax Commissioner may investigate any claim of overpayment and make a written statement of the Tax Commissioner’s findings, and, if the Tax Commissioner finds that there has been an overpayment, approve and issue a refund payable to the taxpayer, the taxpayer’s assigns, or legal representative as provided in this chapter;
(5) Exercise the authority provided by law relative to consenting to the compromise and settlement of tax claims;
(6) Exercise the authority provided by law relative to the use of alternative apportionment methods by taxpayers in accordance with § 95A.06(B) of this chapter;
(7) Make all tax findings, determinations, computations, assessments and orders the Tax Commissioner is by law authorized and required to make and, pursuant to time limitations provided by law, on the Tax Commissioner’s own motion, review, redetermine, or correct any tax findings, determinations, computations, assessments or orders the Tax Commissioner has made, but the Tax Commissioner shall not review, redetermine, or correct any tax finding, determination, computation, assessment or order which the Tax Commissioner has made for which an appeal has been filed with the Local Board of Tax Review or other appropriate tribunal, unless such appeal or application is withdrawn by the appellant or applicant, is dismissed, or is otherwise final;
(8) Destroy any or all returns or other tax documents in the manner authorized by law; and
(9) Enter into an agreement with a taxpayer to simplify the withholding obligations described in § 95A.05(A) of this chapter.
(B) Compromise of claim and payment over time.
(1) As used in this division (B), CLAIM means a claim for an amount payable to the municipality that arises pursuant to the municipal income tax imposed in accordance with this chapter.
(2) The Tax Commissioner may do either of the following if such action is in the best interests of the municipality:
(a) Compromise a claim; or
(b) Extend for a reasonable period the time for payment of a claim by agreeing to accept monthly or other periodic payments, upon such terms and conditions as the Tax Commissioner may require.
(3) The Tax Commissioner’s rejection of a compromise or payment-over-time agreement proposed by a person with respect to a claim shall not be appealable.
(4) A compromise or payment-over-time agreement with respect to a claim shall be binding upon and shall inure to the benefit of only the parties to the compromise or agreement, and shall not extinguish or otherwise affect the liability of any other person.
(5) (a) A compromise or payment-over-time agreement with respect to a claim shall be void if the taxpayer defaults under the compromise or agreement or if the compromise or agreement was obtained by fraud or by misrepresentation of a material fact. Any amount that was due before the compromise or agreement and that is unpaid shall remain due, and any penalties or interest that would have accrued in the absence of the compromise or agreement shall continue to accrue and be due.
(b) The Tax Commissioner shall have sole discretion to determine whether or not penalty, interest, charges or applicable fees will be assessed through the duration of any compromise or payment-over-time agreement.
(6) The Tax Commissioner may require that the taxpayer provide detailed financial documentation and information, in order to determine whether or not a payment-over-time agreement will be authorized. The taxpayer’s failure to provide the necessary and required information by the Tax Commissioner shall preclude consideration of a payment-over-time agreement.
(C) Right to examine.
(1) The Tax Commissioner, or any authorized agent or employee thereof may examine the books, papers, records, and federal and state income tax returns of any employer, taxpayer, or other person that is subject to, or that the Tax Commissioner believes is subject to, the provisions of this chapter for the purpose of verifying the accuracy of any return made or, if no return was filed, to ascertain the tax due under this chapter. Upon written request by the Tax Commissioner or a duly authorized agent or employee thereof, every employer, taxpayer, or other person subject to this section is required to furnish the opportunity for the Tax Commissioner, authorized agent, or employee to investigate and examine such books, papers, records, and federal and state income tax returns at a reasonable time and place designated in the request.
(2) The records and other documents of any taxpayer, employer, or other person that is subject to, or that a Tax Commissioner believes is subject to, the provisions of this chapter shall be open to the Tax Commissioner’s inspection during business hours and shall be preserved for a period of six years following the end of the taxable year to which the records or documents relate, unless the Tax Commissioner, in writing, consents to their destruction within that period, or by order requires that they be kept longer. The Tax Commissioner of a municipal corporation may require any person, by notice served on that person, to keep such records as the Tax Commissioner determines necessary to show whether or not that person is liable, and the extent of such liability, for the income tax levied by the municipality or for the withholding of such tax.
(3) The Tax Commissioner may examine under oath any person that the Tax Commissioner reasonably believes has knowledge concerning any income that was or would have been returned for taxation or any transaction tending to affect such income. The Tax Commissioner may, for this purpose, compel any such person to attend a hearing or examination and to produce any books, papers, records, and federal and state income tax returns in such person’s possession or control. The person may be assisted or represented by an attorney, accountant, bookkeeper, or other tax practitioner at any such hearing or examination. This division does not authorize the practice of law by a person who is not an attorney.
(4) No person issued written notice by the Tax Commissioner compelling attendance at a hearing or examination or the production of books, papers, records, or federal and state income tax returns under this section shall fail to comply.
(D) Requiring identifying information.
(1) The Tax Commissioner may require any person filing a tax document with the Tax Commissioner to provide identifying information, which may include the person’s Social Security number, federal employer identification number, or other identification number requested by the Tax Commissioner. A person required by the Tax Commissioner to provide identifying information that has experienced any change with respect to that information shall notify the Tax Commissioner of the change before, or upon, filing the next tax document requiring the identifying information.
(2) (a) If the Tax Commissioner makes a request for identifying information and the Tax Commissioner does not receive valid identifying information within 30 days of making the request, nothing in this chapter prohibits the Tax Commissioner from imposing a penalty upon the person to whom the request was directed pursuant to § 95A.10 of this chapter, in addition to any applicable penalty described in § 95A.99 of this chapter.
(b) If a person required by the Tax Commissioner to provide identifying information does not notify the Tax Commissioner of a change with respect to that information as required under division (D)(1) of this section within 30 days after filing the next tax document requiring such identifying information, nothing in this chapter prohibits the Tax Commissioner from imposing a penalty pursuant to § 95A.10 of this chapter.
(c) The penalties provided for under divisions (D)(2)(a) and (b) of this section may be billed and imposed in the same manner as the tax or fee with respect to which the identifying information is sought and are in addition to any applicable criminal penalties described in § 95A.99 of this chapter for a violation of § 95A.15 of this chapter, and any other penalties that may be imposed by the Tax Commissioner by law.
(Ord. 8463, passed 11-2-2015)
Statutory reference:
Accuracy of returns; verification, see R.C. § 718.23
Administration of claims, see R.C. § 718.28
Authority of Tax Administrator, see R.C. § 718.24
Identification information, see R.C. § 718.26
(A) Any information gained as a result of returns, investigations, hearings, or verifications required or authorized by R.C. Chapter 718 or by the charter or ordinance of the municipality is confidential, and no person shall access or disclose such information except in accordance with a proper judicial order or in connection with the performance of that person’s official duties or the official business of the municipality as authorized by R.C. Chapter 718 or the charter or ordinance authorizing the levy. The Tax Commissioner of the municipality or a designee thereof may furnish copies of returns filed or otherwise received under this chapter and other related tax information to the Internal Revenue Service, the State Tax Commissioner, and Tax Commissioners of other municipal corporations.
(B) This section does not prohibit the municipality from publishing or disclosing statistics in a form that does not disclose information with respect to particular taxpayers.
(Ord. 8463, passed 11-2-2015)
Statutory reference:
Tax information confidential, see R.C. § 718.13
No person shall knowingly make, present, aid, or assist in the preparation or presentation of a false or fraudulent report, return, schedule, statement, claim, or document authorized or required by municipal corporation ordinance or state law to be filed with the Tax Commissioner, or knowingly procure, counsel, or advise the preparation or presentation of such report, return, schedule, statement, claim, or document, or knowingly change, alter, or amend, or knowingly procure, counsel or advise such change, alteration, or amendment of the records upon which such report, return, schedule, statement, claim, or document is based with intent to defraud the municipality or the Tax Commissioner.
(Ord. 8463, passed 11-2-2015)
Statutory reference:
Fraud, see R.C. § 718.35
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