(a) (1) Each employer within or doing business within the Village of Bradford who employs one or more persons on a salary, wage, commission or other compensation basis shall, at the time of payment thereof, deduct the tax of one percent (1%) from the qualified wages, commissions or other compensation earned by residents, regardless of where such compensation was earned and shall deduct the tax of one percent (1%) from the salaries, wages, commissions or other compensation earned within Bradford by non- residents;
(2) Notwithstanding the provisions of subsection (a)(1) hereof where such employer employs a Bradford resident in another taxing municipality requiring such employer to deduct its tax from all employees engaged therein, such employer shall withhold for and remit to the Village of Bradford the difference, if any, between the tax imposed by such other taxing municipality, and tax imposed by this chapter;
(3) Each such employer shall, on or before the last day of the month following each calendar quarter, make a return and remit to the Village of Bradford the tax hereby required to be withheld. Such return shall be on a form or forms prescribed by or acceptable to the Administrator and shall be subject to the rules and regulations prescribed therefor by the Administrator. Such employer shall be liable for the payment of the tax required to be deducted and withheld whether or not such taxes have in fact been withheld;
(4) On or before the 28th day of February following any calendar year such employer shall file with the Administrator an information return for each employee from whom the Village of Bradford Income Tax has been, or should have been withheld, showing the name, address, and Social Security number of the employee, the total amount of compensation paid during the year and the amount of Village of Bradford Income Tax withheld from such employee.
(5) An employer is not required to make any withholding with respect to an individual’s disqualifying disposition of an incentive stock option if, at the time of the disqualifying disposition, the individual is not an employee of the corporation with respect to whose stock the option has been issued.
(6) An employee is not relieved from liability for a tax by the failure of the employer to withhold the tax as required by a municipal corporation or by the employer’s exemption from the requirements to withhold the tax.
(b) Such employer in collecting said tax shall be deemed to hold the same, until payment is made by such employer to this municipality, as a Trustee for the benefit of this municipality and any such tax collected by such employer from his employees, shall, until the same is paid to this municipality, be deemed a trust fund in the hands of such employer.
(Ord. 74-11. Passed 1-30-75; Ord. 05-09. Passed 9-22-05.)