(A) (1) Each taxpayer, except as herein provided, shall, whether or not a tax is due thereon, make and file a return on or before April 15 of the year following the effective date of this chapter, and on or before April 15 of each year thereafter. When the return is made for a fiscal year or other period different from the calendar year, the return shall be filed on or before the fifteenth day of the fourth month following 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 such employer or employers from the qualifying wages, commissions, or other compensation of an employee, and paid by him, her or them to the Commissioner shall be accepted, unless otherwise specified, as the return required of any employee whose sole income, subject to tax under this chapter, is such salary, wages, commissions, or other compensation.
(2) All individuals, businesses, employers, brokers, and others doing business who engage persons, either on a commission basis or as an independent contractor, and are not subject to withholding, shall indicate the total amount of earnings, payments, commissions, and bonuses to such as are residents of the city, or who do business in the city on the appropriate line of Schedule C of their Bowling Green Income Tax Return supported by Federal Form 1099 attached.
(3) All contractors shall indicate the total amount of payments to any subcontractors or contract employees who did business in, or are residents of, the city on the appropriate line of Schedule C of their Bowling Green Income Tax Return and shall attach a list which shall indicate names, addresses, and amounts paid.
(B) The return shall be filed with the Tax Commissioner on a form or forms furnished by or obtainable upon request from such Commissioner setting forth:
(1) (a) The aggregate amounts of qualifying wages, commissions, and other income;
(b) The gross income from business, profession, or other activity, less allowable ordinary, reasonable and necessary expenses incurred in the acquisition of such gross income;
(c) Such income shall include only income earned during the year, or portion thereof, covered by the return and subject to the tax imposed by this chapter.
(2) (a) The amount of tax imposed by this chapter on taxable income;
(3) Such other pertinent statements, information returns, or other information as the Commissioner may require.
(C) The failure of any employer or person to receive or procure a return, declaration, or other required form shall not excuse him or her from making any information return, return, or declaration, from filing such form, or from paying the tax.
(D) (1) Extension of time for filing returns. Taxpayers granted extensions of time for filing their federal income tax returns may have an extension for filing their city tax return provided that a copy of the federal extension is filed with the Commissioner on or before the original due date of the city tax return.
(2) The extended date for filing the city return. shall be the last day of the month following the month to which the due date of the federal income tax return has been extended. Statutory interest will be charged from the original due date of the return until date of actual payment.
(3) If a taxpayer wishes to extend the time for filing the city tax return to a date other than that provided by the automatic federal extension, the taxpayer must file such a request in writing to the Commissioner prior to the due date of the automatic extension. The extension may be granted by the Commissioner upon the terms and conditions set forth by him or her. The extension does not extend the date for paying the tax due. The extension request may be denied if the taxpayer is delinquent in the filing of any tax returns or payments of any taxes, penalties, or interest due.
(E) (1) The taxpayer making a return shall, at the time of filing thereof, pay to the Tax Commissioner the balance of tax due, if any, after deducting:
(a) The amount of city income tax deducted or withheld at the source pursuant to § 95.06;
(b) Such portion of the tax as has been paid on declaration by the taxpayer pursuant to § 95.07; and
(c) Any credit allowable under the provisions of § 95.14 hereof.
(2) Should the return or the records of the Commissioner indicate an overpayment of the tax to which the city is entitled under the provisions of this chapter, such overpayment shall first be applied against any existing liability and the balance, if any, at the election of the taxpayer communicated to the Commissioner shall be refunded or transferred against any subsequent liability. However, overpayments of less than $1 shall not be refunded.
(F) (1) Amended returns. 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 or limitations contained in §§ 95.11 and 95.14. Such amended returns shall be on a form obtainable on request from the Commissioner. A taxpayer may not change the method of accounting or apportionment of net profits after the due date for filing the original return.
(2) Within three months from the final determination of any federal tax liability affecting the taxpayer’s city tax liability, such taxpayer shall make and file an amended city return showing income subject to the city tax based upon such final determination of federal tax liability, and pay any additional tax shown due thereon or make claim for refund of any overpayment.
(G) Commencing with tax returns for years beginning after December 31, 1988, the net loss from a business entity may not be used to offset salaries, wages, commissions, or the net income from any other entity or activity. Each business loss may be carried forward to offset future income from the same entity for the same owner in accordance with § 95.03(C). Each business profit that exceeds loss carry-forward from the same entity must be included in taxable income.
(H) (1) A pass-through entity, as defined at § 95.02, which is subject to the tax imposed by this chapter, must file an annual return and report thereon the profit or loss for the entity and pay any tax due thereon to the Commissioner. This is in lieu of having the individual owners or partners file individual returns on their portion of the entity’s profit or loss.
(2) In the event that the individual owners or partners have income subject to the tax imposed by this chapter, which income is in addition to the income or loss from the pass-through entity, then they shall file an annual return and report thereon the additional income or loss.
(1980 Code, § 95.05) (Ord. 3218, passed 12-16-1974; Am. Ord. 4964, passed 12-19-1988; Am. Ord. 7192, passed 12-15-2003)