(A) Except as may be provided differently in § 110.04 of this chapter, every business entity and employer required to obtain an occupational license from the city shall file for the preceding taxable year a Form OL-3, properly signed and completed in proper detail, regardless of whether income is realized, a license tax liability exists or the business is actively engaged during the tax year. The return is due on April 15 of each year, except returns made on the basis of a fiscal year, which shall be made by the fifteenth day of the fourth month following the close of the fiscal year.
(B) Every business entity shall submit a copy of its federal income tax return and all supporting statements and schedules at the time of filing its occupational license return with the city. Whenever, in the opinion of the city, it is necessary to examine the federal income tax return of any business entity to audit the return, the city may compel the business entity to produce for inspection a copy of any statements and schedules in support thereof that have not been previously filed. The city may also require copies of reports of adjustments made by the federal government and/or other financial documents maintained by the business entity.
(C) Every business entity subject to an occupational license tax governed by the provisions of this subchapter shall keep records, render under oath statements, make returns and comply with rules and regulations as the city from time to time may prescribe. Whenever the city deems it necessary, the city may require a business entity, by notice served to the business entity, to make a return, render statements under oath or keep records, as the city deems sufficient to determine the tax liability of the business entity.
(D) The city may require, for the purpose of ascertaining the correctness of any return or for the purposes of making an estimate of the taxable income of any business entity, the attendance of a representative of the business entity or of any other person having knowledge of the business entity or in the premises.
(E) The full amount of the unpaid tax payable by any business entity, as appears from the face of the return, shall be paid to the city at the time the occupational license tax return is filed with the city.
(F) When a return in form and substance satisfactory to the city’s Finance Department is not filed by an employer and/or the license taxes are not paid to the city by such employer, the employee for whom no return has been filed and/or no payment has been made shall file a request for refund of earnings tax or additional payment due (“Form OL-1” or “OL-1”) with the city’s Finance Department on or before January 31, annually, showing in the return his or her compensation subject to the license tax during the preceding calendar year. The employee submitting the Form OL-1 shall provide the original copy of the statement furnished him or her by his or her employer. This statement must show all of the compensation earned by him or her, wherever employed, during the period for which such return is made. In addition to the compensation earned by him or her, such return shall show such other pertinent information as may be required by the city’s Finance Department. Each person making a return required by this section shall at the time of filing the appropriate form pay the city the amount of license tax due under this subchapter; provided that, any portion of the license tax deducted by the employer shall be credited on the OL-1 return and only the balance, if any, shall be due and payable at the time of filing said return. The amount of any license taxes that were due in each year, as provided in this subchapter, shall bear interest from the date the same became due at the rate of 1% per month, or fraction thereof for partial months, until paid, and the employer failing to pay the same when due shall also pay the penalty imposed under § 110.99 of this chapter.
(G) Every business entity making payments of $600 or more to persons other than employees for services performed within the city are responsible for maintaining the records of those payments and for completing Form 1099 SF, Statement of Non- Employee Compensation, on or before February 28 of the year following the close of the calendar year in which such compensation was paid. Persons or business entities not required to remit a Form 1099 remain liable to the city to remit equivalent information for any compensation made to persons or business entities that are not employees.
(1984 Code, § 110.07) (Ord. O-77-82, passed 11-30-1982; Ord. O-78-82, passed 11-30-1982; Ord. O-23-84, passed 4-24-1984; Ord. O-47-93, passed 11-9-1993; Ord. O-49-94, passed 12-29-1994; Ord. O-47-01, passed 11-13-2001; Ord. O-65-04, passed 12-7-2004; Ord. O-18-19, passed 6-24-2019) Penalty, see § 110.99