(a) Dates. Each person who is engaged in business, or whose income, salary, qualifying wages, commissions, or other compensation are subject to the tax imposed by this chapter shall, whether or not a tax be due thereon, make and file a return with the City Auditor on or before April 30th for years prior to taxable year 2004, and on or before April 15th for taxable years 2004 and later. A taxpayer on a fiscal year accounting basis for federal income tax purposes shall file his return within four (4) months from the end of each fiscal year or period for years prior to taxable year 2004, and on or before 105 days for taxable years 2004 and later. However, each resident individual of the City who has no income subject to the City’s income tax shall so indicate this fact on their income tax return, including the reason(s) their income is not taxable and, if authorized by the City, shall be relieved of filing future returns unless and until such time the taxpayer receives income taxable to the City.
(b) Content of Returns. The return, including W-2 and 1099 forms, shall be filed with the City Auditor on a form or forms furnished by or obtainable upon request from the City Auditor setting forth:
(1) The aggregate amounts of income, salaries, wages, commissions, and other compensation earned, and gross receipts from any business, profession, or other activity, less expenses allowable in the calculation of Adjusted Federal Taxable Income for tax years 2004 and later;
(2) The amount of the tax imposed by this chapter on such earnings and profits; and
(3) Such other pertinent statements, information returns, federal schedules, or other information as the City Auditor may require, including a statement that the figures used in the return are the figures used in the return for federal income tax, adjusted to set forth only such income as is taxable under the provisions of this chapter.
(c) The City of Circleville Income Tax Department shall accept a generic form of its annual income tax return if the generic form once completed and filed contains all of the information required to be submitted with the City of Circleville’s prescribed returns, reports or documents, and if the tax payer or return preparer filing the generic form otherwise complies with the rules or ordinances of the City of Circleville governing the filing of returns, reports or documents.
(d) Extensions. The City Auditor may extend the time for filing of the annual return upon the request of the taxpayer. For tax years prior to 2004 no extension may exceed six (6) months, or one (1) month beyond any extension requested of or granted by the Internal Revenue Service for filing of the Federal Income Tax Return. for taxable year 2004 the extended due date shall be the last day of the month following the month to which the due date of the federal income tax return has been extended. for taxable years subsequent to 2004 the extended due date shall be the last day of the month to which the due date of the federal income tax return has been extended. The extension request may be made by filing a copy of the taxpayer’s request for a federal filing extension, or by filing a written request. The City Auditor may deny the extension if the taxpayer’s income tax account with the City of Circleville is delinquent in any way. The City Auditor 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. No penalty shall be assessed in those cases in which the return is filed and the final tax paid within the period as extended.
(e) Payment with Returns.
(1) The taxpayer making a return shall at the time of the filing thereof pay to the City Auditor the amount of taxes shown as due thereon; provided, however, that where any portion of the tax so due has been deducted at the source, pursuant to the provisions of Section 191.16; or where any portion of said tax shall have been paid by the taxpayer, pursuant to the provisions of Section 191.17, or where an income tax, creditable against the City income tax pursuant to Section 191.04 hereof has been paid to another municipality, credit for the amount so paid shall be deducted from the amount shown to be due and only the balance, if any, shall be due and payable at the time of filing said return.
(2) A 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 election indicated on the return, such overpayment, or part thereof, shall be refunded, provided that no additional taxes or refunds of less than one dollar ($1.00) shall be collected or refunded.
(f) Amended Returns.
(1) 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 limitations contained in Sections 191.04 and 191.18. Such amended returns shall be on a form obtainable on request from the City Auditor. A taxpayer may not change the method of accounting (i.e., cash or accrual) or apportionment of net profits after the due date for filing the original return.
(2) Within three (3) 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 due thereon, or make claim for refund of any overpayment.
(Ord. 01-02-2004. Passed 1-6-04.)
(g) In lieu of filing an annual return with the City, each vendor at all festivals, fairs, carnivals, flea markets, and similar type events within the City who are not otherwise engaged in any business activity which would require the filing of a return of payment of tax, shall submit a twenty-five dollars ($25.00) estimated tax payment for each booth located at all festivals, fairs, carnivals, flea markets and similar type events located within the City of Circleville. Furthermore, all property owners, except those exempt under Section 191.14 of the Codified Ordinances of the City of Circleville, who rent vendor space to three (3) or more vendors, as defined above, shall collect the twenty-five dollars ($25.00) estimated tax payment and remit said payment to the Circleville Income Tax Department within seven (7) days of the start date of the rental agreement. Every such property owner, as defined above, required to collect the twenty-five dollars ($25.00) estimated tax payment per booth is liable directly to the City of Circleville, Ohio for the payment of such tax, whether actually collected by such real property owner or not.
(Ord. 07-47-2022. Passed 7-19-22.)
(h) Any business, profession, association or corporation reporting a net loss is subject to the filing requirements of this chapter.
(Ord. 01-02-2004. Passed 1-6-04.)