§ 38.04 RETURN AND PAYMENT OF TAX.
   (A)   Each taxpayer, except as herein provided, shall, whether or not a tax be due thereon, make and file a return on or before April 15 of each year. When the return is made for a fiscal year or other period different from the calendar year, the return shall be filed within four months from the end of the 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 tax deducted by the employer or employers from the salaries, wages, commissions or other compensation of an employee and paid by him, her or them to the Administrator shall be accepted as the return required of any employee whose sole income, subject to tax under this chapter, is the salary, wages, commissions or other compensation.
   (B)   The return shall be filed with the Administrator on a form or forms furnished by or obtainable upon request from the Administrator setting forth:
      (1)   The aggregate amounts of salaries, wages, commissions and other compensation earned and gross income from business, profession or other activity, less allowable expenses incurred in the acquisition of the gross income earned during the preceding year and subject to the tax;
      (2)   The amount of the tax imposed by this subchapter on the earnings and profits;
      (3)   The other pertinent statements, information, returns or other information as the Administrator may require.
   (C)   The Administrator may extend the time for filing of the annual return upon the request of the taxpayer for a period of not to exceed six months or one month beyond any extension requested of or granted by the Internal Revenue Service for the filing of the federal income tax return. The Administrator 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 or interest shall be assessed in those cases in which the return is filed and the final tax paid within the period as extended.
   (D)   (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 thereon, provided, however, that, where any portion of the tax so due shall have been deducted at the source pursuant to the provisions of § 38.05 or where any portion of the tax shall have been paid by the taxpayer pursuant to the provisions of § 38.06 or where an income tax has been paid to another municipality, credit for the amount so paid in accordance with § 38.10, 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 the return.
      (2)   A taxpayer who has overpaid the amount of tax which the village is entitled under the provisions of this subchapter may have the overpayment applied against any subsequent liability hereunder or, at his or her election indicated on the return, the overpayment (or part thereof) shall be refunded; provided that, no additional taxes or refunds of less than $1 shall be collected or refunded.
   (E)   (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/or limitations contained in §§ 38.08 and 38.10. The amended returns shall be on a form obtainable on request from the Administrator. 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 taxpayers' village tax liability, the taxpayer shall make and file an amended village return showing income subject to the village tax based upon the final determination of federal tax liability and pay any additional tax shown due thereon or make claim for refund of any overpayment.
      (3)   Failure for any taxpayer to file a return, as set forth in division (A) above, shall be punishable by a $25 fine for each year the return is not filed.
(Prior Code, § 38.04) (Ord. 8-70, passed 10-12-1970; Ord. 6-05, passed 7-11-2005; Ord. 11-09, passed 8-10-2009; Ord. 12-09, passed 9-14-2009)