(a) This Section 880.06 and Sections 718.05, 718.051, and 718.052 of the Ohio Revised Code, shall control the date by which the annual City income tax return for such taxable year must be filed, the form and content of that return, the date by which City income tax for that taxable year must be paid, and any extension of the date by which the annual City income tax must be filed. This Section 880.06 and Sections 718.12 and 718.41 of the Ohio Revised Code shall control for purposes of determining the circumstances under which a taxpayer must file an amended City income tax return. To the extent that the provisions of this Section 880.06 and the express provisions of the foregoing Sections of the Ohio Revised Code are in conflict, the foregoing Sections of the Ohio Revised Code shall control.
(b) Dates; Exemption.
Each taxpayer eighteen years and older, 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, unless April 15 falls on a weekend day or holiday, then the return is due on the federal individual due date. 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.
(c) Returns and Content Thereof. The return shall be filed with the Administrator on a form or forms furnished by or obtainable upon request setting forth:
(1) The aggregate amount of qualifying wages, commissions and other compensation earned;
(2) The adjusted federal taxable income from a business, profession or other activity less allowable expenses incurred in the acquisition of such adjusted federal taxable income; (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.)
(3) The amount of tax imposed by this chapter on income reported;
(5) Such other pertinent statements, information returns or other information as the Administrator may require; and
(6) If the taxpayer has no earned income, the taxpayer shall indicate such on the income tax return; sign it, date it and file by the normal due date.
(d) Extensions. The Administrator will extend the time for the filing of the annual return for a period pursuant to provisions set forth in Chapter 718 of the Ohio Revised Code. This extension will be granted by submitting a copy of Federal Extension Form (4868 or 7004) by the date provisions set forth in Section 880.06(b), so long as payment of at least as much as was due the previous year has been paid by the normal due date for the annual return. Failure to comply with the foregoing payment requirement will result in penalty and interest as provided for in Section 880.11.
(e) Payment With Returns. The taxpayer making a return shall, at the time of the filing thereof, pay to the Administrator the balance of the tax due, if any, pursuant to Section 880.12, after deducting:
(f) Overpayments; Refunds. Should the return or the records of the Administrator 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. The balance, if any, at the election of the taxpayer communicated to the Administrator, shall be refunded or transferred against any subsequent liability.
(g) Amended Returns.
(1) When necessary, an amended return shall be filed in accordance with Sections 718.12 and 718.41 of the Ohio Revised code to report additional income and pay any additional tax due or to claim a refund of tax overpaid, subject to the requirements and/or limitations contained in Sections 880.12 and 880.15. Such amended returns 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 return.
(2) Within 60 days 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 shall pay any additional tax shown due thereon or make claim for refund of any overpayment, without incurring any penalty. If the taxpayer fails to make such an amended return within this three month period, the same penalties and interest provisions will apply as if the return was not timely filed as per Section 880.11.
(3) A taxpayer may not file an amended City income tax return for any taxable year that seeks to: (1) change the method of accounting the taxpayer used to determine its municipal taxable income as reported on the original City income tax return for the given taxable year; (2) change the method used by the taxpayer on its original City income tax return for the given taxable year to apportion or situs its net profit to the City for that taxable year; or (3) elect the filing with the City of a consolidated municipal income tax return for a taxable year for which the original City income tax return was not filed on a consolidated basis.
(h) Liability of Fundamental Change of Business. If any employer which is liable for tax obligations imposed by this chapter undergoes a fundamental change, then the employer and its manager shall be liable for taxes due up to the date of the fundamental change. Taxes and final tax returns shall be due immediately after the fundamental change. Any successor employer shall withhold from any purchase price that the successor owes to the predecessor an amount sufficient to pay all unpaid taxes, interest and penalty which the predecessor employer owes pursuant to this chapter. The successor employer shall make such withholding until such time that the predecessor employer has paid such taxes, interest and penalties. If the successor fails to withhold such amount, then the successor and, in a personal manner, the successor's manager shall be jointly and severally liable for the payment of the taxes, interest and penalty.
(Ord. 72-15. Passed 9-28-15.)