(A) All business entity returns for the preceding taxable year shall be made by April 15 of each year, except returns made on the basis of a fiscal year, which shall be made by the fifteenth day of the fourth month following the close of the fiscal year. Blank forms for returns shall be supplied by the city.
(B) Every business entity shall submit a copy of its federal income tax return and all supporting statements and schedules at the time of filing its occupational license tax return with the city. Whenever, in the opinion of the city, it is necessary to examine the federal income tax return of any business entity in order to audit the return, the city may compel the business entity to produce for inspection a copy of any statements and schedules in support thereof that have not been previously filed. The city may also require copies of reports of adjustments made by the federal government.
(C) Every business entity subject to an occupational license tax governed by the provisions of this chapter shall keep records, render under oath statements, make returns and comply with rules as the city from time to time may prescribe. Whenever the city deems it necessary, the city may require a business entity, by notice served to the business entity, to make a return, render statements under oath, or keep records, as the city deems sufficient to determine the tax liability of the business entity.
(D) The city may require, for the purpose of ascertaining the correctness of any return or for the purposes of making an estimate of the taxable income of any business entity, the attendance of a representative of the business entity or of any other person having knowledge in the premises.
(E) The full amount of the unpaid tax payable by any business entity, as appears from the face of the return, shall be paid to the city at the time prescribed for filing the occupational license tax return, determined without regard to any extension of time for filing the return.
(F) It shall be the responsibility of persons who make Federal Form 1099 "non-employee compensation" payments to natural persons other than employees for services performed within the city, to maintain records of the payments and to report the payments to the city. The payments must be reported on by remitting Federal Form 1099 by February 28 of the year following the close of the calendar year in which the non employee compensation was paid. If a business entity or person is not required to remit Federal Form 1099 to the IRS, including but not limited to payments less than $600, they are still liable to remit the equivalent information to the city. The information required to be reported by the licensee shall include:
(1) Payer's name, address, Social Security and/or federal identification number;
(2) Recipient's name and address;
(3) Recipient's Social Security and/or federal identification number;
(4) Amount of non employee compensation paid in the calendar year; and
(5) Amount of non employee compensation earned in the city for the calendar year.
(G) Licenses are permitted to report items on all returns and accompanying schedules in whole dollar amounts. To do so, licensees should drop any amount less than $0.50 and increase any amount from $0.50 to $0.90 to the next highest dollar.
(H) Automatic extension if due date falls on Saturday, Sunday or city holiday: any return required to be filed hereunder shall be considered to have been timely filed if it is postmarked or hand-delivered to the occupational tax office on or before the due date or, in the event the due date is a Saturday, Sunday or legal holiday, if it is postmarked or hand-delivered to the occupational tax office on the next day which is not a Saturday, Sunday or a city legal holiday.
(I) Any request for a refund, or for credit for an overpayment of any occupational license fee paid to the Tax Administrator, unless paid under protest, must be filed within one year from the date of the filing of the completed return, if timely filed.
(1) In a case where the return involved was not timely filed, the request for the refund must be made within one year from the original due date of the return.
(2) For the purpose of this regulation, a return shall be considered as timely filed if it is received at the occupational tax office, or postmarked, by the due date specified in any duly approved extension of time for filing granted upon the request of the licensee.
(Ord. 09-03, passed 6-13-2009)