(a) If, as a result of investigation conducted by the Tax Administrator, a return is found to be incorrect, the Tax Administrator is authorized to assess and collect any underpayment of tax withheld at 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 owing, the tax actually owing may be assessed and collected with or without the formality of obtaining a delinquent return from the employer or taxpayer.
(b) Should it be disclosed, either as a result of an investigation by the 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 Tax Administrator will refund such overpayment.
(c) 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 from the employee. If too much has been withheld the excess shall be refunded by the employer to the employee. While the withholding agent (employer) will be expected to maintain complete records of such adjustments with the employees, any such adjustment made during any month will not need to be reflected in the withholding return or disclosed by schedules or statements thereto attached.
(d) In those cases in which too much has been withheld by an employer from an employee and remitted to the Tax Administrator and there has been a termination of the employee- employer relationship, the taxpayer (employee) may obtain an adjustment by application to the Tax Administrator.
(e) A taxpayer shall not be entitled to offset or deduct business losses or rental income losses against taxes withheld by an employer from the employee taxpayer’s qualifying wages, salary or other compensation when such taxes have been withheld and paid by the employer to the Village pursuant to Section 181.14.
(Ord. 2004-07. Passed 9-29-04.)