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(a) An employee whose entire wages, salaries, or other compensation for any taxable year will be subjected to the withholding provisions under Section 187.15, whose tax will accordingly be withheld as to his entire earnings for such year by his employer, and who during such taxable year expects to derive no other compensation or other income which is subject to tax under the Ordinance, need not file a declaration as provided in this section.
(b) All other taxpayers (as defined in the Ordinance and in these Regulations) subject to the taxes imposed in Section 185.02 of the Ordinance, and every taxpayer who anticipates any income or net profits not subject to total withholding as provided in the next preceding paragraph, shall file with the City Income Tax Administrator a declaration of his estimated tax as follows:
(1) On or before April 30th, 2004 every such calendar year taxpayer shall file a declaration of his estimated tax for the taxable period beginning January 1, 2004 and ending December 31, 2004.
(2) On or before April 15, 2005 every such calendar year taxpayer shall file a declaration of his estimated tax for the taxable period beginning January 1, 2005 and ending December 31, 2005.
(3) A similar declaration shall be filed by each such taxpayer on or before the fifteenth (15th) day of April each subsequent year during the life of the Ordinance, as long as the conditions in subsection (b) hereof exist and each declaration shall contain a statement of the taxpayer's estimated tax for the full taxable year in which such declaration is filed.
(c) Taxpayers who, or which are permitted, pursuant to provisions of Section 187.10, to file a return and pay their tax on a fiscal year basis shall file their first declaration within four (4) months after the beginning of the first fiscal year beginning on or after January 1, 2004. The declaration shall set forth the taxpayer’s estimated tax for the full taxable year in which the declaration is filed.
(1) For fiscal years beginning on or after January 1, 2005, a declaration shall be filed on or before the fifteenth (15th) day of the fourth (4th) month following the start of each fiscal year or period.
(2) Such taxpayers shall make quarterly payments as prescribed in Section 187.20.
(d) The estimated tax for a calendar year taxpayer may be paid in full with the filing of the declaration or in equal installments as prescribed under Section 187.20.
(e) The declaration so required shall be filed upon a form furnished by or obtainable from the City Income Tax Administrator. In lieu of said form, a generic form may be used provided it contains all of the information required by the City Income Tax Administrator and the preparer of said form complies with all of the applicable provisions provided herein. Any taxpayer who has filed an estimate for Federal Income Tax purposes may, in making the declaration, required hereunder, simply state therein that the figures therein contained are the same figures used by the taxpayer in making the declaration of his estimate for the Federal Income Tax. However, in addition to such statement, any such taxpayer may, in such declaration, modify and adjust such declared income so as to exclude therefrom income which is not subject to tax under the Ordinance.
(f) Any estimate filed hereunder may be amended by the filing of an amended estimate at the time prescribed for the payment of any installment of tax paid in accordance with Section 187.20. (Res. 240-2003. Passed 12-30-03.)
(a) At the time of filing each declaration (required by Section 187.19) each taxpayer who is an individual shall pay to the Income Tax Administrator twenty-two and one-half per cent (22.5%) of his estimated tax liability for the current year. Thereafter, on or before the 31st day of July, October and January, such taxpayer shall pay at least a similar amount. However, if any such taxpayer shall, on or before any such payment date, file an amended declaration showing an increase or decrease of the estimated tax, the installments then and thereafter due shall be increased or diminished (as the case may be) in such a manner that ninety percent (90%) of the estimated tax liability shall be paid on or before January 31st through the payment of quarterly installments of equal amounts during the quarterly periods remaining from and after the filing of said amended declaration.
(b) At the time of declaration (required by Section 187.19), each taxpayer who is not an individual shall pay to the Income Tax Administrator twenty-two and one-half percent (22.5%) of the taxpayer’s estimated tax liability for the current year. Thereafter, on or before the 15th day of June, September and December, such taxpayer shall pay at least a similar amount. For taxpayers on a fiscal year, payments shall be made on or before the 15th day of the sixth, ninth and twelfth month of the taxpayer’s taxable year. However, if any such taxpayer shall, on or before any such payment date, file an amended declaration showing an increase or decrease of the estimated tax liability, the installments then and thereafter due shall be increased or diminished (as the case may be) in such a manner that ninety percent (90%) of the estimated tax liability shall be paid on or before December 15th or the 15th day of the twelfth month through the payment of quarterly installments of equal amounts during the quarterly periods remaining from and after the filing of any such amended declaration.
(c) Penalty and/or interest will not be assessed for the late payment or non-payment of estimated tax liability in either of the following circumstances:
(1) The taxpayer is a resident individual who resides in Bucyrus but was not domiciled in the City on the first day of January of the current calendar year.
(2) The taxpayer has remitted, pursuant to subsections (a) or (b) hereof, an amount at least equal to one hundred percent (100%) of the taxpayer’s tax liability for the preceding year, provided that the return for the preceding year reflected a twelve-month period and the taxpayer filed a return for the preceding year.
(d) For final returns and final adjustments of tax due, see Section 187.14.
(Res. 240-2003. Passed 12-30-03.)
Employers and others subject to the tax under the Ordinance are required to keep such records as will enable the filing of true and accurate returns whether of taxes withheld at source or of taxes paid or payable upon earnings or net profits, or both and such records are to be preserved to enable the City Income Tax Administrator, or any agent or employee of the City Income Tax Administrator, to verify the correctness of the returns filed. Such records shall be preserved three (3) years from the due date or date of filing whichever is later. Omission of twenty-five (25) percent of gross income, fraud, or failure to file extends this to six (6) years.
(Res. 240-2003. Passed 12-30-03.)
(a) If, as a result of investigation conducted by the City Income Tax Administrator, a return is found to be incorrect, the City Income Tax Administrator is authorized to assess and collect any underpayment of tax withheld at the source or any underpayment of tax owing by any taxpayer with respect to earnings or net profits or both: If no return has been filed and a tax is found to be owed the tax actually owed may be assessed and collected with or without the formality of obtaining a delinquent return from the employer or taxpayer.
If the tax assessed was erroneously paid or withheld to another municipality and if at the time of assessment the period allowed for refund from said municipality has expired, a non-refundable credit will be allowed. Said credit shall be calculated under the provisions of Section 185.04 of the Ordinance.
(b) Should it be disclosed, either as a result of an investigation by the City Income Tax Administrator, or through the medium of the filing of a claim or petition for refund or credit, that an overpayment has been made, the following guidelines shall apply:
(1) The claim must be made within three years from the date on which such payment was made or the return was due, whichever is later.
(2) No refund shall be made to any taxpayer until he has complied with all provisions of the Ordinance and has furnished all information required by the City Income Tax Administrator.
(3) Overpayments will either be refunded or credited to the taxpayer’s current year’s liability at his or her option. Where no election has been made by the taxpayer, overpayments of any year’s taxes shall be applied as follows:
A. To taxes owed for any year in the order in which such taxes become due.
B. In the case of a business, any refund or credit may be applied to an outstanding balance in the corresponding withholding account.
C. To his or her account in the form of a credit in the current tax year.
(4) Credits of less than $2.01 will not be allowed and refunds of less than $2.01 will not be paid.
(e) The employer will in every instance be required to pay the full tax which should have been withheld, even though he may fail to withhold it from the employee. If too much has been withheld, the excess shall be refunded by the employer to the employee. The withholding agent (employer) will be expected to maintain complete records of such adjustments with the employees and explain the details of such adjustments in the withholding return either by schedule or statement. A refund of over-withheld tax may be paid directly to the employee provided the employer submits a statement to the City Income Tax Administrator detailing the circumstances involving said overpayment and relinquishing the right to have said funds directly refunded to them.
(f) In those cases in which too much has been withheld by an employer from an employee and remitted to the City Income Tax Administrator, and there has been a termination of the employee-employer relationship, the taxpayer (employee) may obtain an adjustment by application to the City Income Tax Administrator.
(Res. 240-2003. Passed 12-30-03.)
All taxes imposed by the Ordinance remaining unpaid when the same have become due, together with all interest and penalties thereon, become a debt due the City of Bucyrus from the taxpayer, and are recoverable as other debts by suit instituted by the City Income Tax Administrator, said Administrator’s representative, or City Prosecutor.
Employers who or which, although obliged under the Ordinance to withhold and remit to the City Income Tax Administrator, the taxes required to be withheld at the source (Section 187.15) shall if they fail to withhold and remit become liable to the City of Bucyrus in a civil action to enforce the payment of the debt created by such failure.
When a final return is filed as described in Section 187.14 and a deficiency is determined to be due the City of Bucyrus, action to collect the same must be brought within three (3) years after the tax was due or the return filed, whichever is later. However, in the case of fraud, failure to file or the omission of twenty-five (25) percent or more of income required to be reported and taxed prosecution may be commenced within six (6) years of the later of commission of the offense, due date of return or date return was filed.
If any of the above circumstances occur and are discovered by the Federal Internal Revenue Service or any other tax administering authorities, taxpayers are required to notify the City Income Tax Administrator within 30 days and satisfy the City of Bucyrus claim on such discovery.
(Res. 240-2003. Passed 12-30-03.)
This chapter is inapplicable to any person or corporation upon whom or which it is beyond the legal power of Council to impose the tax; it is likewise inapplicable as to any property, income or profits (or part thereof) as to which it is beyond the legal power of Council to levy the tax. (Res. 240-2003. Passed 12-30-03.)
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