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(A) All business entity returns for the preceding taxable year shall be made by April 15 of each year, except returns made on the basis of a fiscal year, which shall be made by the fifteenth (15th) day of the fourth (4th) month following the close of the fiscal year. Blank forms for returns shall be supplied by the city or standard forms provided by the Kentucky Secretary of State.
(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 tax 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 in order 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.
(C) Every business entity subject to an occupational license tax governed by the provisions of this chapter shall keep records, render under oath statements, make returns, and comply with rules 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 on 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 prescribed for filing the occupational license tax return, determined without regard to any extension of time for filing the return.
(F) Every business entity making payments of six hundred dollars ($600.00) or more to persons other than employees for services performed within the city is responsible for maintaining the records of those payments and for completing IRS Form 1099 on or before February 28 of the year following the close of the calendar year in which such compensation was paid and to remit copies of the IRS Form 1099 or equivalent information to the city on or before February 28 of each year.
(Ord. 2017-21, passed 12-5-17) Penalty, see § 110.99
(A) The city may grant any business entity an extension of not more than six (6) months, unless a longer extension has been granted by the Internal Revenue Service or is agreed to by the city and the business entity, for filing its return, if the business entity, on or before the date prescribed for payment of the occupational license tax, requests in writing the extension and pays the amount properly estimated as its tax. Extension request forms shall be supplied by the city.
(B) If the time for filing a return is extended, the business entity shall pay, as part of the tax, an amount equal to twelve percent (12%) per annum simple interest on the tax shown due on the return, but not been previously paid, from the time the tax was due until the return is actually filed and the tax paid to the city. A fraction of a month is counted as an entire month.
(Ord. 2017-21, passed 12-5-17)
(A) Where there has been an overpayment of tax under § 110.05, a refund or credit shall be made to the employer only to the extent that the amount of the overpayment was not deducted and withheld under § 110.05 by the employer. Unless a written application for refund or credit is received by the city from the employer within two (2) years from the date the overpayment was made no refund or credit shall be allowed. Where there has been an overpayment of the maximum tax due under § 110.05, a refund or credit shall be made to the employee to the extent of overpayment only if a written application for refund is received by the city from the employer or the employee within two years from the date the overpayment was made. All written applications for refunds shall be submitted to the city on a form furnished or approved by the city. Refunds may be withheld from an employee until the employer has filed all required forms and provided all required information to the city. Overpayments of less than five dollars ($5.00) shall not be refunded.
(B) An employee who has compensation attributable to activities performed outside the city, based on time spent outside the City, whose employer has withheld and remitted to this city, the occupational license tax on the compensation attributable to activities performed outside the city, may file for a refund within two (2) years of the date prescribed by law for the filing of a return. The employee shall provide a schedule and computation sufficient to verify the refund claim and the city may confirm with the employer the percentage of time spent outside the city and the amount of compensation attributable to activities performed outside the city prior to approval of the refund.
(C) Where there has been an overpayment of tax under § 110.03, a refund or credit shall be made to any person or business entity to the extent of overpayment only if a written application for refund or credit is received by the city from the person or business entity within two (2) years from the date the overpayment was made. No refund shall be made of any tax paid unless a complete return is filed as required by § 110.03.
(Ord. 2017-21, passed 12-5-17)
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