(A) Date and requirement for filing.
(1) The return shall be accompanied by payment of any taxes due thereon.
(2) Every person shall, except as hereinafter provided, file a return setting forth the aggregate amount of salaries, wages, commissions and other personal service compensation, net profits from business or other activities, including the rental from use of real and personal property, distributive shares from partnerships, other income taxable under this subchapter, received for the period covered by the return and such other pertinent facts and information in detail as the Tax Administrator may require.
(3) An informational return shall be required even if a resident’s entire earnings from the tax period are paid by the employer or employers through the withholding procedure. Such informational return shall require the resident to document that no additional income has been received that is subject to this income tax.
(4) An employee who is permitted to deduct business expenses from gross wages, salaries and commissions must file a return in order to claim such deductions even though all or part of such wages, salaries or commissions are subject to withholding.
(5) Except as provided for herein, the tax is on the partnership, or association as an entity whether resident or non-resident and a return is required disclosing the net profits allocable to the municipality and the tax paid thereon. However, any resident partner of a nonresident entity is required to make a return and pay the tax in accordance with these regulations if a municipal tax is due.
(6) Executors and administrators are liable for the payment of any taxes due by a deceased from an estate of the deceased.
(7) With respect to a return combining taxable income from two or more sources, the following rules shall be applied:
(a) Losses from the operation of a business or profession are not deductible from employee earnings.
(b) A loss from the operation of a business or profession may be offset against net profits from other business or professional activities in the amount of the loss commensurate with the portion of profits, if profits existed, with respect to which credit could not be claimed for tax paid to another municipality. Accordingly, if the profits of an activity are subject to tax by another municipality, the portion of a loss that may not be used to offset profits is determined by multiplying the loss by a fraction, the numerator being either the tax rate of the other taxing municipality or the percentage rate to which credit for tax paid to another municipality is limited, whichever is the lesser, and the denominator being the existing municipality tax rate.
(B) Information required and reconciliation with federal returns.
(1) In returns filed hereunder, there shall be set forth the aggregate amount of salaries, wages, bonuses, incentive payments, commissions, fees and other compensation subject to the tax earned from each employer, taxable net profits and other pertinent information as the Tax Administrator may require.
(2) Where figures to total income, deductions and net profits are included, as shown by a federal return, any items of income which are not subject to the tax and unallowable expenses shall be eliminated in determining net income subject to the tax. The fact that any taxpayer is not required to file a federal return does not relieve him from filing a tax return under this subchapter.
(3) Employers who do not maintain a permanent office or place of business in the municipality, but who are subject to tax on net profits attributable to the municipality, under the method of allocation provided for, are considered to be employers within the municipality and subject to the requirements of withholding. A nonresident employer, agent of such an employer, or other payor that is not situated in the City shall be required to deduct and withhold taxes from the taxable income of an individual.
(4) If a change in federal income tax liability results in a reduction of taxes owed and paid to the municipality, a claim for refund shall be filed with the Tax Administrator as prescribed in § 95.11.
(Ord. 1-05, passed 1-24-05; Am. Ord. 65-07, passed 10-9-07)