(a) Every person who engages in business or other activity or whose salary, wage, commission or other compensation is subject to the tax provided for in this chapter shall, whether or not a tax is due thereon, make and file a return on or before April 15 of the following year. When the return is made for a fiscal year or other period different from the calendar year, the return shall be filed within three and one-half months from the end of such fiscal year or period. The Superintendent is hereby authorized to provide, by regulation, that the return of an employer or employers, showing the amount of tax deducted by said employer or employers from the salaries, wages, commissions or other compensation of an employee, and paid by him, her, it or them to the Superintendent, may be accepted as the return required of any employee whose sole income, subject to tax under this chapter, is such salaries, wages, commission or other compensation. Every resident shall make and file a Municipal income tax return on or before April 15 for the previous calendar year, except as follows:
(1) Residents under the age of eighteen years;
(2) After the filing of returns for the tax year 1992, and review of the information contained therein, the Superintendent or his or her designated agent may exempt from filing those individuals who reported income from non-taxable sources when it appears that this is and will continue to be their only income source. This will include retirees, totally disabled and active duty military personnel.
(Ord. 93-2. Passed 1-12-93.)
(b) The return shall be filed with the Superintendent on a form or forms furnished by or obtainable upon request from the Superintendent setting forth:
(1) The aggregate amounts of salaries, wages, commissions and other compensation received by him or her and gross income from a business, profession or other activity, less allowable expenses incurred in the acquisition of such gross income earned during the preceding year and subject to such tax;
(2) The amount of the tax imposed by this chapter on such earnings and profits; and
(3) Such other pertinent statements, information returns or other information as the Superintendent may require.
(c) The Superintendent 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. A copy of a Federal extension request for the taxable period for which an extension is requested shall be considered a request for extension under this section, providing it is filed with the Superintendent on or before the date the City return is required. A timely filed request for extension of time to file shall be granted unless the taxpayer owes the Municipality any delinquent income tax or any penalty, interest, assessment or other charge for the late payment or nonpayment of income tax, or has failed to file any required income tax return, report, or other related document for a prior tax period. The granting of an extension of time for filing the return does not extend the last date for paying the tax without penalty and interest. The Superintendent 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.
(d) (1) The taxpayer making a return shall, at the time of the filing thereof, pay to the Superintendent the amount of taxes shown as due thereon, provided, however, that credit shall be allowed for:
A. Any portion of the tax so due which has been deducted at the source pursuant to the provisions of Section 880.06;
B. Any portion of the tax which has been paid by the taxpayer pursuant to the provisions of Section 880.07; and
C. Credit to the extent allowed by Section 880.15 for tax paid to another municipality.
(2) Subject to the limitations contained in Section 880.11, any taxpayer who has overpaid the amount of tax to which the Municipality is entitled under the provisions of this chapter may have such overpayment applied against any subsequent liability hereunder or, at his or her election indicated on the return, such overpayment, or part thereof, shall be 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 Section 880.11. Such amended returns shall be on a form obtainable upon request from the Superintendent. A taxpayer may not change the method of accounting or apportionment of net profits after the due date for filing the original return without the approval of the Superintendent.
(2) Within three months from the final determination of any Federal tax liability affecting the taxpayer's Municipal tax liability, such taxpayer shall make and file an amended Municipality return showing income subject to the Municipal 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.
(f) 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 deemed to be a violation of this chapter. However, the taxpayer shall have ten days after notification by the Superintendent, or his or her authorized representative, to file the items required by this division.
(g) The Superintendent shall accept a generic form of any return, report, or document required to be filed if the generic form, once completed and filed, contains all of the information required to be submitted with the Municipality's prescribed returns, reports or documents, and if the taxpayer or return preparer filing the generic form otherwise complies with the rules or ordinances of the Municipality governing the filing of returns, reports or documents.
(Ord. 674. Passed 10-13-70; Ord. 10-15. Passed 12-14-10; Ord. 15-17. Passed 11-10-15.)