3-4-186  Annual returns.
   A.   For all periods beginning on or after January 1, 2000, returns for taxes and other revenue measures set forth in subsection B. of this section (the “annual return taxes”) shall be filed with the department on an annual basis. Each annual return shall be on a form prescribed by the comptroller and shall be filed on or before August 15 of each year. Except for the first annual return due on or before August 15, 2000, which shall cover the period January 1, 2000 to June 30, 2000, annual returns shall report tax liabilities and other applicable information for the 12-month period ending the immediately preceding June 30 (the “annual tax year”).
   B.   The following revenue measures, and such other revenue measures as the City Council may designate in the future, are annual return taxes, the returns for which shall be filed on an annual basis, except as otherwise provided in the ordinances imposing said revenue measures:

Annual Return Tax
Municipal Code Chapter/Section

Annual Return Tax
Municipal Code Chapter/Section
Amusement Tax
Bottled Water Tax
Checkout Bag Tax
3-50
Distribution of Electricity Tax
Distribution of Gas Tax
Electricity Use Tax
Electricity Infrastructure Maintenance Fee
Emergency Telephone System Surcharge
Emergency Telephone Fee – Wireless
Employers' Expense Tax
Fountain Soft Drink Tax
Ground Transportation Tax
Hotel Accommodation Tax
Liquid Nicotine Product Tax
Liquor Tax
Motor Vehicle Lessor Tax
Parking Lot and Garage Operations Tax
Personal Property Lease Transactions Tax
Restaurant And Other Places For Eating Tax
Simplified Telecommunications Tax
Use tax for nontitled personal property – Contractors
Use tax for nontitled personal property – Retailers
Use Tax for Titled Property
Vehicle Fuel Tax
 
   C.   Every taxpayer or tax collector, except for taxpayers or tax collectors that make estimated tax payments pursuant to Section 3-4-188 of this chapter, shall file an annualization schedule with each annual return. The annualization schedule shall report the amounts subject to tax for each tax period during the applicable annual tax year and such other information as the comptroller may reasonably require.
   D.   Notwithstanding subsection A. of this section, if a taxpayer or tax collector ceases to engage in business during any month prior to June 1 of any annual tax year, then such taxpayer or tax collector shall request from the department an annual return form and shall file a completed return for each annual return tax within 45 days after such month.
   E.   For all tax returns due from January 1, 2000 through June 30, 2004, if a taxpayer or tax collector fails to file an annual return within the time or in the manner required by this section, then a late filing penalty equal to the greater of one percent of the total tax due for the applicable annual tax year or five percent of any amount payable with the annual return will apply, unless the comptroller determines that the taxpayer or tax collector had reasonable cause for the failure to file the annual return within the time or in the manner required. For all tax returns due after June 30, 2004, the provisions of section 3-4-200 shall apply.
   F.   If, for any annual tax year, the total amount of tax payable on the taxpayer's or tax collector's annual return exceeds the total amount paid by such taxpayer or tax collector for the annual tax year, then the taxpayer or tax collector shall pay the difference to the department on or before the date that the annual return is due, plus any applicable penalties and interest.
   G.   Any monthly or quarterly payment or remittance of an annual return tax made in accordance with either Section 3-4-187 or Section 3-4-188 of this chapter which exceeds the amount due for such period will be applied first to any interest, then to any tax, and then to any penalties due for the earliest tax period of the current annual tax year and then to any interest, any tax and any penalties due for each succeeding tax period of such annual tax year. If any such monthly or quarterly payment or remittance causes a taxpayer's or tax collector's total payments for the annual tax year to exceed the total amount due for the year to date for such annual return tax, then the excess will be applied to any future liabilities that may become due during such annual tax year for such annual return tax.
   H.   (1)   If, for any annual return tax, the total amount paid or remitted to the department by a taxpayer or tax collector during an annual tax year exceeds the amount shown as due on the taxpayer's or tax collector's annual return for such year, then such taxpayer or tax collector may elect on the annual return either (a) to request the department to issue a refund in the amount of such overpayment or (b) to apply the overpayment as a credit against future liabilities for such annual return tax; provided, however, that the option of applying an overpayment as a credit against future liabilities shall not be available as to overpayments that result from amounts that have been collected from other persons and not unconditionally repaid.
      (2)   In lieu of allowing an overpayment as a credit against future liabilities of a taxpayer or tax collector, the department may apply the overpayment first to any tax liability that the taxpayer or tax collector owes to the city. Where a taxpayer or tax collector elects on an annual return to apply an overpayment as a credit against future liabilities, the department will, within 30 days of receiving the annual return, notify the taxpayer or tax collector of the following:
         (a)   Whether the department has determined that the claimed overpayment appears to be an error.
         (b)   Whether any portion of the overpayment will be applied by the department to outstanding tax liabilities, or
         (c)   Whether the department is unable to determine if there are any outstanding tax liabilities due from the taxpayer or tax collector because of such person's failure to file all required annual returns.
      (3)   Nothing contained in this subsection (H) shall prohibit the comptroller from assessing additional taxes, interest or penalties owed by a taxpayer or tax collector in the event that the comptroller determines, within any applicable statute of limitations period, as a result of an audit or otherwise, that the amounts reported as owed, paid or available for use as credits during an annual tax year were incorrect.
(Added Coun. J. 11-17-99, p. 18040, § 1.2; Amend Coun. J. 12-12-01, p. 75777, § 2.3; Amend Coun. J. 12-4-02, p. 99931, § 2.3; Amend Coun. J. 11-19-03, p. 14216, § 1; Amend Coun. J. 1-14-04, p. 16854, § 1; Amend Coun. J. 12-12-07, p. 16789, § 1; Amend Coun. J. 11-16-11, p. 13798, Art. I, § 3; Amend Coun. J. 10-28-15, p. 12062, Art. II, § 1; Amend Coun. J. 11-16-16, p. 38042, Art. II, § 1; Amend Coun. J. 11-21-17, p. 61858, Art. II, § 1)