Withholding provisions.
(A) Each employer located or doing business in the Village of Columbus Grove shall withhold an income tax from the qualifying wages earned and/or received by each employee in the Village of Columbus Grove. Except for qualifying wages for which withholding is not required under Section 191.03 or division (B)(4) or (6) of this section, the tax shall be withheld at the rate, specified in Section 191.01 of this chapter, of one and one quarter percent (1.25%). An employer shall deduct and withhold the tax from qualifying wages on the date that the employer directly, indirectly, or constructively pays the qualifying wages to, or credits the qualifying wages to the benefit of, the employee.
(B) (1) Except as provided in division (B)(2) of this section, an employer shall remit to the Tax Administrator of the Village of Columbus Grove the greater of the income taxes deducted and withheld or the income taxes required to be deducted and withheld by the employer according to the following schedule:
(a) Taxes required to be deducted and withheld shall be remitted quarterly to the Tax Administrator.
Payment under division (B)(1)(a) of this section shall be made so that the payment is received by the Tax Administrator not later than thirty (30) days after the last day of each month for which the tax was withheld.
(b) Any employer not required to make payments under division (B)(1)(a) of this section of taxes required to be deducted and withheld shall make quarterly payments to the Tax Administrator no later than the 30th day of the month following the end of each calendar quarter.
(2) If the employer is required to make payments electronically for the purpose of paying federal taxes withheld on payments to employees under Section 6302 of the Internal Revenue Code, 26 C.F.R. 31.6302-1, or any other federal statute or regulation, the payment shall be made by electronic funds transfer to the Tax Administrator of all taxes deducted and withheld on behalf of the Village of Columbus Grove. The payment of tax by electronic funds transfer under this division does not affect an employer's obligation to file any return as required under this section.
(3) An employer shall file a return showing the amount of tax withheld by the employer from the qualifying wages of each employee and remitted to the Tax Administrator. A return filed by the an employer under this division shall be accepted by the Tax Administrator and the Village of Columbus Grove, as the return required of an nonresident employee whose sole income subject to the tax under this ordinance is the qualifying wages reported by the employee's employer.
(4) An employer is not required to withhold to the Village of Columbus Grove income tax with respect to an individual's disqualifying disposition of an incentive stock option if, at the time of the disqualifying disposition, the individual is not an employee of either the corporation with respect to whose stock the option has been issued or of such corporation's successor entity.
(5) (a) An employee is not relieved from liability for a tax by the failure of the employer to withhold the tax.
(b) The failure of an employer to remit to the Village of Columbus Grove the tax withheld relieves the employee from liability for the tax unless the employee colluded with the employer in connection with the failure to remit the tax withheld.
(6) Compensation deferred before June 26, 2003, is not subject to a Village of Columbus Grove income tax withholding requirement to the extent the deferred compensation does not constitute qualifying wages at time the deferred compensation is paid.
(7) Each employer required to withhold taxes is liable for the payment of that amount required to be withheld, whether or not such taxes have been withheld, and such amount shall be deemed to be held in trust for the Village of Columbus Grove until such time as the withheld amount is remitted to the Tax Administrator.
(8) On or before the last day of January of each year, an employer shall file a withholding reconciliation return with the Tax Administrator listing:
(a) The names, addresses, and social security numbers of all employees or each W-2 from whose qualifying wages tax was withheld or should have been withheld for the Village of Columbus Grove during the preceding calendar year;
(b) The amount of tax withheld from each employee and the total amount of qualifying wages of the preceding calendar year;
(9) The officer with control or direct supervision of withholding the tax or filing the reports and making payments as required by this section, shall be personally liable for a failure to file a report or pay the tax due as required by this section.
(10) An employer is required to deduct and withhold the Village of Columbus Grove income tax on tips received by the employer's employees but only to the extent that the tips are under the employer's control.
(11) The Tax Administer shall consider any tax withheld by an employer at the request of an employee, to be tax required to be withheld and remitted for the purposes of this section.
Occasional Entrant - Withholding
(C) (l) As used in this division:
(a) "Principal place of work" means the fixed location to which an employee is required to report for employment duties on a regular basis. If the employee is not required to report employment duties on a regular basis to a fixed location, "principal place of work" means the worksite location in this state to which the employee is required to report for employment duties on a regular basis. This then would mean the location in this state at which the employee spends the greatest number of days in a calendar year performing services for or on behalf of the employee's employer.
If there is not a single municipal corporation in which the employee spent the "greatest number of days in a calendar year" performing services for or on behalf of the employer, but instead there are two or more municipal corporations in which the employee spent an identical number of days that is greater than the number of days an employee spent in any other municipal corporation, the employer shall allocate any of the employee's qualifying wages subject to division (C)(2)(a)(i) of this section among those two or more municipal corporations.
(b) "Worksite location" means a construction site or other temporary worksite in this state at which the employer provides services for more that twenty (20) days during the calendar year. "Worksite location" does not include the home of an employee.
(2) (a) Subject to divisions (C)(3) and (5) of this section, an employer is not required to withhold the Village of Columbus Grove income tax on qualifying wages paid to an employee for the performance or personal services in the Village of Columbus Groove if the employee performed such services in the Village of Columbus Grove on twenty (20) or fewer days in a calendar year, unless one of the following conditions applies:
(i) The employee's principal place of work is located in the Village of Columbus Grove.
(ii) The employee performed services at one or more presumed worksite locations in the Village of Columbus Grove. For the purposes of this division "presumed worksite location" means a construction site or other temporary worksite in the Village of Columbus Grove at which the employer provides or provided services that can reasonable be, or would have been, expected by the employer to last more than twenty (20) days in a calendar year. Services can "reasonably be expected by the employer to last more than twenty (20) days" if either of the following applies at the time the services commence.
(a) The nature of the services are such that it will require more than twenty (20) days of the services to complete the services;
(b) The agreement between the employer and its customer to perform services at a location requires the employer to perform the services at the location more that twenty (20) days.
(iii) The employee is a resident of the Village of Columbus Grove and has requested that the employer withhold tax from the employee's qualifying wages as provided in Section 191.04.
(iv) The employee is a professional athlete, professional entertainer, or public figure, and the qualifying wages are paid for the performance of services in the employee's capacity as a professional athlete, professional entertainer, or public figure.
(c) For the purposes of division (C)(2)(a) of this section, an employee shall be considered to have spent a day performing services in the Village of Columbus Grove only if the employee spent more time performing services for or on behalf of the employer in the Village of Columbus Grove than in any other municipal corporation on that day. For the purposes of determining the amount of time an employee spent in a particular location, the time spent performing one or more of the following activities shall be considered to have been spent at the employee's principal work place of work:
(i) Traveling to the location at which the employee will first perform services for the employer for the day;
(ii) Travel from a location at which the employee was performing services for the employer to any other location;
(iii) Traveling from any location to another location in order to pick up or load, for the purpose of transportation or delivery, property that has been purchased, sold, assembled, fabricated, repaired, refurbished, processes, remanufactured, or improved by the employee's employer;
(iv) Transporting or delivering property described in division (C)(2)(b)(iii) of this section, provided that, upon delivery of the property, the employee does not temporarily or permanently affix the property to real estate owned, used, or controlled by a person other than the employee's employer;
(v) Traveling from the location at which the employee makes the employee's final delivery or pick-up for the day to either the employee's principal place of work or a location at which the employee will not perform services for the employer.
(3) If the principal place of work of an employee is located in another Ohio municipal corporation that imposes an income tax, the exception from withholding requirements described in division (C)(2)(a) of this section shall apply only if, with respect to the employee's qualifying wages described in that division, the employer withholds and remits tax on such qualifying wages to that municipal corporation.
(4) (a) Except as provided in division (C)(4)(b) of this section, if, during a calendar year, the number of days an employee spends performing personal services in the Village of Columbus Grove exceeds the twenty (20)-day threshold, the employer shall withhold and remit the tax to the Village of Columbus Grove for any subsequent days in that calendar year on which the employer pays qualifying wages to the employee for personal services performed in the Village of Columbus Grove.
(b) An employer required to begin withholding tax for the Village of Columbus Grove under section (C)(4)(a) of this section may elect to withhold tax for the Village of Columbus Grove for the first twenty (20) days on which the employer paid qualifying wages to the employee for personal services performed in the Village of Columbus Grove.
(5) If an employer's fixed location is in the Village of Columbus Grove and the employer qualifies as a small employer as defined in Section 191.02, the employer shall withhold municipal income tax on all the employee's qualifying wages for a taxable year and remit that tax only to the Village of Columbus Grove regardless of the number of days which the employee worked outside the corporate boundaries of the Village of Columbus Grove.
To determine whether an employer qualifies as a small employer for a taxable year, the employer will be required to provide the Tax Administrator with the employer's federal income tax return for the preceding taxable year.
(6) Divisions (C)(2)(a) and (4) of this section shall not apply to the extent that a Tax Administrator and an employer enter into an agreement regarding the manner in which the employer shall comply with the requirements of Section 191.04.
(Ord. 2023-06. Passed 12-11-23.)