(a) Each person, except as herein provided, who engages in business or other activity or whose qualifying wages, commissions, other compensation, and other taxable income is subject to the tax imposed by this chapter, shall, whether or not a tax be due thereon, make and file a return on or before April 15 of each 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 on or before the fifteenth (15th) day of the fourth (4th) month following the end of such fiscal year or period. The Administrator is hereby authorized to provide by regulation that the return of an employer or employers, showing the amount of Village tax deducted by said employer or employers from the salaries, wages, commissions or other compensation of an employee, and paid by him or them to the Administrator may be accepted as the return required of any employee whose sole income, subject to tax under this chapter, is such qualifying wages, commissions, other compensation, and other taxable income.
(b) A husband and wife may file either separate returns or a joint return for municipal purposes, even though one of the spouses has neither taxable income nor deductions included on the municipal return regardless of whether their Federal and state returns were filed separately or jointly. If a joint Village return is made, the tax shall be computed on the aggregate taxable income and the liability with respect to the tax shall be joint and several.
(c) The return shall be filed with the Administrator on a form or forms furnished by or obtainable upon request from such Administrator; or on a generic form, if the generic form, when completed and filed, contains all of the information required to be submitted with the village's prescribed return and, if the taxpayer or return preparer filing the generic form otherwise complies with the ordinance governing the filing of returns.
(d) The return shall set forth:
(1) The aggregate amounts of qualifying wages, commissions, other compensation earned, received, allocated, apportioned or set aside, other income defined by statute as taxable, and gross income from any business, profession or other activity, less allowable expenses incurred in the acquisition of such gross income earned during the preceding year and subject to said tax; and
(2) The amount of the tax imposed by this chapter on such earnings and profits; and
(3) Such other pertinent statements, information returns, copies of Federal or state tax returns and/or schedules, or other information as the Administrator may require, including a statement that the figures used in the return are the figures used for Federal income tax adjusted to set forth only such income as is taxable under the provisions of this chapter.
(4) Any business, profession, association, or corporation reporting a net loss is subject to the filing requirements of this chapter.
(e) Extensions.
(1) Any taxpayer that has requested an extension for filing a Federal income tax return may request an extension for the filing of a Village income tax return by filing a copy of the taxpayer's Federal extension request with the Village tax department. Any taxpayer not required to file a Federal income tax return may request an extension for filing a Village income tax return in writing. The request for extension must be filed on or before the original due date for the annual return. If the request is granted, the extended due date of the Village income tax return 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. The Administrator may require a tentative return accompanied by the payment of the amount of tax shown to be due thereon by the date the return is normally due.
(2) The Administrator may deny a taxpayer's request for extension if the taxpayer:
A. Fails to timely file the request; or
B. Fails to file a copy of the Federal extension request, (if applicable); or
C. Owes the Village any delinquent income tax, penalty, interest or other charge for the late payment or nonpayment of income tax; or
D. Has failed to file any required income tax return, report, or other related document for a prior tax period.
(3) The granting of an extension for filing a Village tax return does not extend the due date as provided in this section for payment of the tax; hence, penalty and interest may apply to any unpaid tax during the period of extension at the rate set out by section 880.10. No penalty shall be assessed in those cases in which the return is filed and the final tax paid within the extension period provided all other filing and payment requirements of this chapter have been met. Any extension by the Administrator shall be granted upon the condition that declaration filing and payment requirements have been fulfilled; however, if upon further examination it then becomes evident that declaration filing and payment requirements have not been fulfilled, penalty and interest may be assessed in full and in the same manner as though no extension had been granted.
(f) Payments with returns.
(1) The taxpayer making a return shall, at the time of the filing thereof, pay to the Administrator the amount of taxes shown as due. However, credit shall be allowed for:
A. Any portion of the tax so due which shall have been deducted at the source pursuant to the provisions of section 880.06 of this chapter; and
B. Any portion of said tax which shall have been paid by the taxpayer pursuant to the provisions of section 880.07 of this chapter; and
C. Credit to the extent allowed by section 880.15 of this chapter for tax paid to another municipality.
(2) Subject to the limitations contained in sections 880.11 and 880.15 of this chapter, any taxpayer who has overpaid the amount of tax to which the Village 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 and one cent ($1.01) shall be collected or refunded, or credited to the taxpayer or his account.
(3) The mere submission of a return reporting a tax liability shall not constitute filing unless accompanied by the required payment.
(g) Amended returns.
(1) Where necessary an amended return must be filed in order to report additional income and pay additional tax due, or claim a refund of tax overpaid, subject to the requirements and/or limitations contained in sections 880.11 and 880.15. The Administrator shall provide by regulation the format in which such amended return shall be filed. A taxpayer may not change the method of accounting or apportionment of net profits after the due date for filing the original return.
(2) Within three months from the final determination of any Federal tax liability affecting the taxpayer's Village tax liability, such taxpayer shall make and file an amended Village return showing income subject to the Village 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.
(h) 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 a violation of this chapter. Provided, however, that the taxpayer shall have fifteen (15) days after notification by the Administrator, or his authorized representative, to file the items required by this paragraph.
(Ord. 813. Passed 11-13-72; Ord. 1451. Passed 12-27-01; Ord. 1468. Passed 12-9-02; Ord. 1509. Passed 11-22-04.)