194.80 FILING NET PROFIT TAXES; ELECTION TO BE SUBJECT TO PROVISIONS OF CHAPTER.

   (A)    A taxpayer may elect to be subject to Sections 194.80 to 194.95 of the Code of Ordinances in lieu of the provisions set forth in the remainder of this chapter. Notwithstanding any other provision of this chapter, upon the taxpayer's election, both of the following shall apply:

      (1)    The state tax commissioner shall serve as the sole administrator of the municipal net profit tax for which the taxpayer as defined in Section 194.81(C) is liable for the term of the election;

      (2)    The commissioner shall administer the tax pursuant to sections 718.89 to 718.95 of the Revised Code, Sections 194.80 to 194.95 of the Code of Ordinances, and any applicable provision of Chapter 5703 of the Revised Code.

   (B)   (1)    A taxpayer shall make the initial election on or before the first day of the third month after the beginning of the taxpayer's taxable year by notifying the tax commissioner and the City of Brookville on a form prescribed by the tax commissioner.

      (2)    (a)    The election, once made by the taxpayer, applies to the taxable year in which the election is made and to each subsequent taxable year until the taxpayer notifies the tax commissioner and the City of Brookville of its termination of the election.

         (b)    A notification of termination shall be made, on a form prescribed by the tax commissioner, on or before the first day of the third month of any taxable year.

         (c)    Upon a timely and valid termination of the election, the taxpayer is no longer subject to Sections 194.80 to 194.95 of the Code of Ordinances, and is instead subject to the provisions set forth in the remainder of this chapter.

   (C)   (1)   (a)    On or before the thirty-first day of January each year, the City of Brookville, imposing a tax on income, shall certify to the tax commissioner the rate of the tax in effect on the first day of January of that year.

         (b)    If, after the thirty-first day of January of any year, the electors of the City of Brookville approve an increase in the rate of the municipal corporation's tax on income that takes effect within that year, the municipal corporation shall certify to the tax commissioner the new rate of tax not less than sixty days before the effective date of the increase, after which date the commissioner shall apply the increased rate.

      (2)    The City of Brookville, within ninety days of receiving a taxpayer's notification of election under division (B) of this section, shall submit to the tax commissioner, on a form prescribed by the tax commissioner, the following information regarding the taxpayer:

         (a)    The amount of any net operating loss that the taxpayer is entitled to carry forward to a future tax year;

         (b)    The amount of any net operating loss carryforward utilized by the taxpayer in prior years;

         (c)    Any credits granted by the municipal corporation to which the taxpayer is entitled, the amount of such credits, whether the credits may be carried forward to future tax years, and, if the credits may be carried forward, the duration of any such carryforward.

         (d)    Any overpayments of tax that the taxpayer has elected to carry forward to a subsequent tax year;

         (e)    Any other information the municipal corporation deems relevant in order to effectuate the tax commissioner's efficient administration of the tax on the municipal corporation's behalf.

      (3)    If any municipal corporation fails to timely comply with divisions (C)(1) and (2) of this section, the tax commissioner shall notify the director of budget and management, who, upon receiving the notification, shall withhold from each payment made to the municipal corporation under section 718.83 of the Revised Code fifty per cent of the amount of the payment otherwise due to the municipal corporation under that section. The director shall compute the withholding on the basis of the tax rate most recently certified to the tax commissioner until the municipal corporation complies with divisions (C)(1) and (2) of this section.

   (D)    The tax commissioner shall enforce and administer Sections 194.80 to 194.95 of the Code of Ordinances. In addition to any other powers conferred upon the tax commissioner by law, the tax commissioner may:

      (1)    Prescribe all forms necessary to administer those sections;

      (2)   Adopt such rules as the tax commissioner find necessary to carry out those sections;

      (3)    Appoint and employ such personnel as are necessary to carry out the duties imposed upon the tax commissioner by those actions.

   (E)    The tax administrator shall not utilize Sections 194.81 to 194.95 of the Code of Ordinances in the administrator's administration of the municipal income tax, and those sections shall not be applied to any taxpayer that has not made the election under this section.

   (F)    Nothing in this chapter shall be construed to make any other section of this chapter, other than Sections 194.80 to 194.95 of the Code of Ordinances, applicable to the tax commissioner's administration of the municipal income tax or to any taxpayer that has made the election under this section.

   (G)    The tax commissioner shall not be considered a tax administrator, as that term is defined in section 718.01 of the Revised Code and Section 194.03 of the Code of Ordinances.

(Ord. 2018-05. Passed 2-20-18.)