(a) In accordance with the rules and regulations prescribed by the Finance Director, each employer within or doing business within the Municipality shall deduct, at the time of the payment of salaries, wages, commissions or other compensation, a tax at the rate provided in Section 880.02 hereof on the qualifying salaries, wages, commissions or other compensation due by the employer to the employee and shall, on or before the fifteenth day of the month following such withholding, make a return and pay to the Finance Director the amount of taxes so deducted. The return shall be on a form or forms prescribed by or acceptable to the Finance Director and shall be subject to the rules and regulations prescribed by the Finance Director. Such employer shall be liable for the payment of the tax required to be deducted and withheld, whether or not such taxes have in fact been withheld.
(b) So long as the taxes withheld by an employer for the Municipality during the measurement period are less than three hundred dollars ($300.00) per month, payments may be made quarterly on or before the last day of the month following the end of the quarter, subject to the approval of the Finance Director. The Finance Director may revoke the approval of quarterly filing and payments whenever he or she has reason to believe that the conditions for granting such authorization have changed, were judged incorrectly or were not met, or when it is in the best interest of the Municipality to do so. Notice of withdrawal shall be made in writing and, in such case, the employer must begin to file in accordance with this section.
(c) Each employer within or doing business within the Municipality shall deduct such taxes regardless of the employee's residency or age.
(d) Such employer, in collecting the tax, shall be deemed to hold the same, until payment is made by such employer to the Municipality, as a trustee for the benefit of the Municipality, and any such tax collected by such employer from his or her employees shall, until the same is paid to the Municipality, be deemed a trust fund in the hands of such employer.
(e) On or before February 28 of each year, beginning with the year 1990, each employer shall file a withholding return setting forth the names and addresses of all employees from whose compensation the tax was withheld during the preceding calendar year, the amount of tax withheld from his or her employees and such other information as may be required by the Finance Director. All payments not subject to withholding shall be reported on a form required by the Finance Director.
(f) The Finance Director, for good cause, may require immediate returns and payments to be submitted to his or her office.
(Res. 29-00. Passed 12-12-00; Ord. 28-04. Passed 11-9-04.)