(a) All taxes imposed by Section 191.03 shall be collectible, together with any interest and penalties thereon, by suit. Except in the case of fraud, omission of twenty-five percent (25%) or more of income subject to this tax, or failure to file a return, an additional assessment shall not be made after three years from the time the return was due or filed, whichever is later. However, In the case of fraud, omission of 25% or more of income subject to this tax, or failure to file a return, all additional assessments shall be made and all prosecutions to recover Municipal income taxes and penalties and interest thereon shall be brought within six (6) years after the tax was due or the return was filed, whichever is later. In those cases in which the Commissioner of Internal Revenue and the taxpayer have executed a waiver of the Federal statute of limitation, the period within which an additional assessment may be made by the City Auditor shall be one year from the time of the final determination of the Federal tax liability.
(b) Those officers or employees having control or supervision of, or charged with, the responsibility of filing the return and making payments for a corporation or association shall be personally liable for failure to file the return or pay the taxes and penalties and interest due as required. The dissolution, bankruptcy, or reorganization of any employer does not discharge the officers’ or employees’ liability for a prior failure of such business to file a return or pay the
taxes due.
(c) Should it appear that any taxpayer has paid more than the amount of the tax to which the City of Circleville is entitled under the provisions of this chapter a refund of the amount so overpaid shall be made, provided there is no other tax liability, and further provided a proper claim for refund of such overpayment of tax has been filed by the taxpayer, or same may be applied toward the declaration of tax due for the ensuing year. Claims for refunds shall be made on forms prescribed by and obtainable from the City Auditor or on other forms deemed acceptable by the City Auditor or his duly authorized agent or employee. All applications for refunds shall be made within three (3) years after the tax was due or the return was filed, whichever is later. However, the following shall apply regarding refunds of tax withheld from non-qualified deferred compensation plans (NDCP):
(1) A taxpayer may be eligible for a refund if the taxpayer has suffered a loss from a NDCP. The loss will be considered sustained only in the taxable year in which the taxpayer receives the final distribution of money and property pursuant to the NDCP. Full loss is sustained if no distribution of money and property will be made by the NDCP.
(2) A taxpayer who receives income as a result of payments from a NDCP, and that income is less than the amount of income deferred to the NDCP and upon which municipal tax was withheld, then a refund will be issued on the amount representing the difference between the deferred income that was taxed and the income received from the NDCP. If different tax rates applied to the tax years in which deferrals, a weighted average of the different tax rates will be used to compute the refund amount.
(3) Refunds shall be allowed only if the loss is attributable to the bankruptcy of the employer who had established the NDCP, or the employee’s failure or inability to satisfy all of the employer’s terms and conditions necessary to receive the nonqualified compensation.
(d) Income tax that has been deposited with the City of Circleville, but should have been deposited with another municipality, is allowable by the City of Circleville as a refund but is subject to the three-year limitation on refunds. Income tax that should have been deposited with the City of Circleville, but was deposited with another municipality, shall be subject to recovery by the City of Circleville. The City of Circleville will allow a non-refundable credit for any amount owed the City of Circleville that is in excess of the amount to be refunded by the other municipality, as long as the tax rate of the other municipality is the same or higher than the City of Circleville’s tax rate. If the City of Circleville’s tax rate is higher, the tax representing the net difference of the rates is also subject to collection by the City of Circleville.
(e) No refund shall be made for an amount less than one dollar ($1.00), nor shall any tax due under this chapter in an amount less than one dollar ($1.00) be collected.
(Ord. 01-02-2004. Passed 1-6-04.)