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(a) Each person who engages in a business or other activity or whose salary, wage, commission or other compensation is subject to the tax imposed by this chapter shall, whether or not a tax is due thereon, make and file a return on or before April 15 of the year following the effective date of this chapter, and on or before April 15 of each year thereafter. When the return is made for a fiscal year or other period different from the calendar year, the return shall be filed by the fifteenth day of the fourth month from the end of such fiscal year or period. The Superintendent is hereby authorized to provide, by regulation, that the return of an employer showing the amount of tax deducted by the employer from the salaries, wages, commissions or other compensation of an employee, and paid by him or her to the Superintendent, may be accepted as the return required of an employee whose sole income, subject to tax under this chapter, is such salaries, wages, commissions or other compensation.
(Ord. 12-81. Passed 10-5-81; Ord. 9-04. Passed 7-19-04.)
(b) The return shall be filed with the Superintendent on a form or forms furnished by or obtainable upon request from the Superintendent, setting forth:
(1) The aggregate amount of salaries, wages, commissions and other compensation received by the taxpayer and gross income from a business, profession or other activity, less allowable expenses incurred in the acquisition of such gross income earned during the preceding year and subject to the tax;
(2) The amount of the tax imposed by this chapter on such earnings and profits; and
(3) Such other pertinent statements, information returns or other information as the Superintendent may require.
(c) The Superintendent may extend the time for filing of the annual return upon the request of the taxpayer for a period of not to exceed six months or one month beyond any extension requested of or granted by the Internal Revenue Service for the filing of the Federal Income Tax Return. The Superintendent may require a tentative return, accompanied by payment of the amount of tax shown to be due thereon, by the date the return is normally due.
(d) The taxpayer making a return shall, at the time of the filing thereof, pay to the Superintendent the amount of taxes shown as due thereon, provided, however, that credit shall be allowed for:
(1) Any portion of the tax so due which has been deducted at the source pursuant to the provisions of Section 880.09;
(2) Any portion of the tax which has been paid by the taxpayer pursuant to the provisions of Section 880.10; and
(3) Credit to the extent allowed by Section 880.18 for tax paid to another municipality.
Subject to the limitations contained in Section 880.14, any taxpayer who has overpaid the amount of tax to which the City is entitled under the provisions of this chapter may have such overpayment applied against any subsequent liability hereunder, or, at his or her election indicated on the return, such overpayment or part thereof shall be refunded.
(e) Where necessary, an amended return must be filed in order to report additional income and pay any additional tax due, or claim a refund of tax overpaid, subject to the requirements and/or limitations contained in Section 880.14. Such amended returns shall be on a form obtainable, upon request, from the Superintendent. A taxpayer may not change the method of accounting or apportionment of net profits after the due date for filing the original return without the approval of the Superintendent.
Within three months from the final determination of any Federal tax liability affecting the taxpayer’s City tax liability, such taxpayer shall make and file an amended City return showing income subject to the City tax, based upon such final determination of Federal tax liability, and pay any additional tax shown to be due thereon or make claim for refund of any overpayment.
(f) Information returns, schedules and statements required to support tax returns which are incomplete without such information shall be filed within the time limits set forth for the filing of the tax returns, and the failure to file such information returns, schedules and statements shall be deemed to be a violation of this section. However, the taxpayer shall have ten days after notification by the Superintendent or his or her authorized representative to file the items required by this subsection.
(Ord. 30-70. Passed 7-13-70.)