181.05 RETURN AND PAYMENT OF TAX.

   (a)    Each person or entity identified in this section is a taxpayer and shall make and file a tax return on or before April 15 of each year, whether or not a tax is due: (1) if engaged in business or other commercial activity in the village; or (2) having qualifying wages, commissions, other compensation, and other taxable income subject to the tax imposed by this chapter; or (3) every resident of the village, except those persons having an exemption specifically provided in this chapter. When the return is made for a fiscal year, or other period different from the calendar year, the return shall be filed by the 15th day of the fourth month from the end of such fiscal year or period. The Administrator is hereby authorized to provide by regulation in accordance with rules and regulations that the return of an employer or employers, showing the amount of tax deducted by the employer or employers from the qualifying wages, commissions, other compensation or other income of a nonresident employee, and paid by the employer or employers to the Administrator, shall be accepted as the return required of any nonresident employee whose sole income, subject to tax under this chapter, is such qualifying wages, commissions, other compensation or other income.

   The Administrator shall have authority to determine whether certain retired individuals, who have no reportable or taxable income, except that which is exempt from taxation herein, may be exempt from the filing requirements of this chapter.

(Ord. 0-14-13.  Passed 1-8-15.)

   (b)   The return shall be filed with the Administrator on a form or forms furnished by or obtainable upon request from such Administrator, on a generic form, setting forth all applicable information, including:

      (1)   The aggregate amounts of qualified wages, commissions, and other compensation earned and gross income from business, profession or other activity, less allowable ordinary, reasonable and necessary expenses incurred in the acquisition of such gross income earned during the preceding year and subject to said tax;

      (2)   A.   The amount of the tax imposed by this chapter on such earnings and profits; and

         B.   Any credits to which the taxpayer may be entitled under the provisions of Section 181.15; and

      (3)   Such other pertinent statements, information returns, or other information as the Administrator may require.

      (4)   A generic form, once completed and filed, must contain all of the information required to be submitted with Bradford’s prescribed returns, reports or documents, and must be in a similar format that will allow processing of the generic forms without altering Bradford’s procedures for processing such forms.  The taxpayer or return preparer filing the generic form must also otherwise comply with the rules or ordinances of the Village of Bradford governing the filing of returns, reports or documents.  Determination as to whether a generic form meets this criteria shall be the responsibility of the Administrator.

         (Ord. 05-09.  Passed 9-22-05.)

   (c)   Upon the written request of a taxpayer, the Administrator may extend the time for filing of the annual return for a period of not to exceed six months, or one month beyond any extension requested of or granted by the Internal Revenue Service for the filing of the federal income tax return.  The taxpayer will be granted an automatic extension for filing by filing with the Village a signed written request or a copy of the federal extension if filed by the original due date of the Village return.  The Administrator may require a tentative return, accompanied by payment of the amount of tax shown to be due thereon, to be filed by the date the return is normally due.  No penalties shall be assessed in those cases in which the return is filed and the final tax is paid within the period of the extension. 
(Ord. 18-95.  Passed 12-14-95.)

   (d)   (1)   The taxpayer making a return shall, at the time of the filing thereof, pay to the Administrator the amount of taxes shown as due thereon; provided, however, that where any portion of the tax so due shall have been deducted at the source pursuant to the provisions of Section 181.06, or where any portion of said tax shall have been paid by the taxpayer pursuant to the provisions of Section 181.07, or where an income tax has been paid to another municipality, credit for the amount so paid in accordance with Section 181.15 thereof, shall be deducted from the amount shown to be due and only the balance, if any, shall be due and payable at the time of filing said return.
(Ord. 74-11.  Passed 1-30-75.)

      (2)   Operating losses from business or professional activities and rental profits, the profits of which would be taxable under this ordinance, may not be offset against salaries, wages, commissions and other personal service compensation. 
(Ord. 06-01.  Passed 1-12-06.)

      (3)   A taxpayer who has overpaid the amount of tax to which this municipality is entitled under the provisions of this chapter may have such overpayment applied against any subsequent liability hereunder or, at his election indicated on the return, such overpayment (or part thereof) shall be refunded, provided that no additional taxes or refunds of less than one dollar ($1.00) shall be collected or refunded.

   (e)   Amended Returns.

      (1)   Where necessary any 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/or limitations contained in Section 181.11 and 181.15.  Such amended return shall be on a form obtainable on request from the Administrator.  A taxpayer may not change the method of accounting or apportionment of net profits after the due date for filing the original returns.

      (2)   Within three months from the final determination of any federal tax liability affecting the taxpayer’s tax liability to this municipality, such taxpayer shall make and file an amended return showing income subject to the income tax of this municipality 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.

         (Ord. 74-11.  Passed 1-30-75.)