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(a) Each resident, and each person who engages in business or other activity or whose salary, wage, commission or other compensation is subject to the permanent tax imposed by this chapter 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 within three and one-half months from the end of such fiscal year or period. The Superintendent is hereby authorized to provide, by regulation, that the return of an employer or employers, showing the amount of tax deducted by said employer or employers from the salaries, wages, commissions or other compensation of an employee, and paid by him, her, it or them to the Superintendent, may be accepted as the return required of any employee whose sole income, subject to tax under this chapter, is such salaries, wages, commissions or other compensation.
(b) The return shall be filed with the Superintendent on a form or forms furnished by or obtainable upon request from the Superintendent setting forth:
(1) The aggregate amounts of salaries, wages, commissions and other compensation received by him or her and gross income from business, profession or other activity, less allowable expenses incurred in the acquisition of such gross income earned during the preceding year and subject to said tax.
In lieu of the above, a taxpayer could submit an affidavit from the tax office of the city or cities in which he or she worked, stating that he or she had met his or her tax obligation. This alternative would only be open to those taxpayers who have income derived from salaries, wages or commission from which the local tax has been fully withheld at no less than 2.00 percent. (Ord. 2014-11. Passed 12-2-14.)
(2) The amount of the tax imposed by this chapter on such earnings and profits; and
(3) Such other pertinent statements, information returns, or other information as the Superintendent may require.
(c) The Superintendent may extend the time for filing of the annual return upon the request of the taxpayer. The extended due date of the Brookville return shall not be beyond the last day of the month following the month to which the due date for filing the Federal income tax return has been granted by the Internal Revenue Service. A copy of a federal extension request for the taxable period for which an extension is requested shall be considered a request for extension under this section, providing it is filed with the Superintendent on or before the date the Brookville return is required. A timely filed request for extension of time to file shall be granted unless the taxpayer owes the City of Brookville any delinquent income tax or any penalty, interest, assessment or other charge for the late payment or nonpayment of income tax, or has failed to file any required income tax return, report, or other related document for a prior tax period. The granting of an extension of time for filing the return does not extend the last date for paying the tax without penalty and interest.
(d) The taxpayer making a return shall, at the time of the filing thereof, pay to the Superintendent the amount of taxes shown as due thereon, provided, however, that credit shall be allowed for:
(1) Any portion of the tax so due which shall have been deducted at the source pursuant to the provisions of Section 193.06;
(2) Any portion of said tax which shall have been paid by the taxpayer pursuant to the provisions of Section 193.07; and
(3) Credit to the extent allowed by Section 193.15 for tax paid to another municipality.
Subject to the limitations contained in Section 193.11, any taxpayer who has overpaid the amount of tax to which the City of Brookville is entitled under the provisions of this chapter may have such overpayment applied against any subsequent liability hereunder or, at his or her election indicated on the return, such overpayment (or part thereof) shall be refunded.
(e) 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 and/or limitations contained in Section 193.11. Such amended returns shall be on a form obtainable upon request from the Superintendent. A taxpayer may not change the method of accounting or apportionment of net profits after the due date for filing the original return without the approval of the Superintendent.
Within three months from the final determination of any Federal tax liability affecting the taxpayer's City of Brookville tax liability, such taxpayer shall make and file an amended City of Brookville return showing income subject to the City of Brookville 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.
(f) Information returns, schedules and statements required to support tax returns which are incomplete without such information shall be filed within the time limits set forth for the filing of the tax returns and the failure to file such information returns, schedules and statements shall be deemed to be a violation of this chapter. However, the taxpayer shall have ten days after notification by the Superintendent, or his or her authorized representative, to file the items required by this subsection.
(g) The Superintendent shall accept a generic form of any return, report, or document required to be filed if the generic form once completed and filed, contains all of the information required to be submitted with the City of Brookville's prescribed returns, reports or documents, and if the taxpayer or return preparer filing the generic form otherwise complies with the rules or ordinances of the City of Brookville governing the filing of returns, reports or documents.
(Ord. 2004-16. Passed 12-21-04.)