Loading...
(a) Any affiliated group which files a consolidated return for federal income tax purposes pursuant to Section 1501 of the Internal Revenue Code may file a consolidated return with the city. However, once the affiliated group has elected to file a consolidated return or a separate return with the city, the affiliated group may not change their method of filing in any subsequent tax year without written approval from the Administrator.
(b) In the case of a corporation that carried on transactions with its stockholders or with other corporations related by stock ownership, interlocking directorates or some other method, or in case any person operates a division, branch, factory, office, laboratory or activity within the City constituting a portion only of its total business, the Administrator shall require such additional information as he or she may deem necessary to ascertain whether net profits are properly allocated to the City. If the Administrator finds that net profits are not properly allocated to the City by reason of transactions with stockholders or with other corporations related by stock ownership, interlocking directorates or transactions with such division, branch, factory, office, laboratory or activity, or by some other method, he or she shall make such allocation as he or she deems appropriate to produce a fair and proper allocation of net profits to the City.
(Ord. 262-1966. Passed 12-23-66; Ord. 207-2009. Passed 12-7-09.)
(a) 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, limitations, or both, contained in Sections 791.31 through 791.35. Such amended return shall be on a form obtainable on request from the Administrator. A taxpayer may not change the method of accounting (i.e., cash or accrual) or apportionment of net profits after the due date for filing the original return.
(b) Within three months from the final determination of any Federal tax liability affecting the taxpayer's City tax liability, such taxpayer shall make and file an amended City return showing income subject to the City tax based upon such final determination of Federal tax liability, and pay any additional tax shown to be due thereon or make claim for a refund of any overpayment.
(Ord. 262-1966. Passed 12-23-66; Ord. 207-2009. Passed 12-7-09.)
(a) 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 Section 791.17, or where any portion of such tax shall have been paid by the taxpayer pursuant to the provisions of Section 791.21, or whether an income tax has been paid to another municipality or joint economic development district, credit for the amount so paid, in accordance with Sections 791.34 and 791.35, 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 such return.
(b) A taxpayer who has overpaid the amount of tax to which the City 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 a part thereof, shall be refunded, provided that no additional taxes or refunds of less than one dollar ($1.00) shall be collected or refunded. However, beginning with tax year 2009, no additional taxes or refunds of less than five dollars ($5.00) shall be collected or refunded.
(Ord. 262-1966. Passed 12-23-66; Ord. 207-2009. Passed 12-7-09.)
(a) In accordance with rules and regulations prescribed by the Administrator, each employer within or doing business within the City shall deduct at the time of the payment of salary, wages, commission or other compensation, the tax of two and eighty-five one hundredths percent (2.85%) per annum of the income, salaries, wages, commissions or other compensation due by the employer to an employee, or the tips or gratuities reported to the employer by each employee for social security or Federal income tax purposes, and shall, on or before the twentieth day of the month following the close of each calendar quarter, make a return and pay the Administrator the amount of taxes so deducted, subject to the provisions of subsections (c), (d) and (e) hereof. Such returns shall be on a form or forms prescribed by or acceptable to the Administrator. Such employer shall be liable for the payment of the tax required to be deducted and withheld, whether or not the taxes have in fact been withheld.
(Ord. 150-1983. Passed 8-1-83; Ord. 200-1994. Passed 8-22-94; Approved by Voters 11-8-94.)
(b) Such employer in collecting such tax shall be deemed to hold the same, until payment is made by such employer to the City, as a trustee for the benefit of the City and any such tax collected by such employer from his employees, shall, until the tax is paid to the City be deemed a trust fund in the hands of such employer.
(c) If the taxes withheld by an employer for the city during the previous tax year averaged one hundred dollars ($100.00) or more per month, the employer shall remit payment of the withheld taxes to Euclid on or before the twentieth day of the month following the month for which the taxes were withheld.
(d) Authorization for any employer to remit taxes quarterly under this section may be withdrawn by the Administrator, should the Administrator determine that the employer is not in compliance with the withholding requirements and/or other requirements of this chapter. The employer shall then be required to submit monthly deposits.
(e) Such payments shall be on a form or forms furnished by or obtainable from the Administrator upon request, setting forth the amount of tax deducted for the month. A receipted copy of such form shall be returned to the employer to be attached to and filed with the employer's quarterly return of income tax withheld.
(f) All employers that provide any contractual service within the City, and who employ subcontractors in conjunction with that service, shall provide the City the names and addresses of the subcontractors. The subcontractors shall be responsible for all income tax employer requirements under this chapter.
(g) On or before February 28th of each year, each employer shall file a withholding return setting forth the name, address, and social security number of all employees from whose compensation the tax was withheld during the preceding calendar year and the amount of tax withheld from his or her employees and such other information as may be required by the Administrator. All payments not subject to withholding shall be reported on a form required by the Administrator.
(h) On or before February 28th of each year all individuals, businesses, employers, brokers or others who engage persons, either on a fee or commission basis or as independent contractors and not employees (those who are not subject to withholding) must provide the City income tax department with copies of all 1099 miscellaneous income forms and/or a list of names, addresses, social security numbers and a total amount of earnings, payments, bonuses, commissions and/or fees paid to each person.
(i) No person shall be required to withhold the tax on wages or other compensation paid domestic servants employed by him or her exclusively in or about such person's residence even though such residence is in the City but such employee shall be subject to all of the requirements of this chapter.
(Ord. 126-1969. Passed 6-2-69; Ord. 207-2009. Passed 12-7-09.)
Every person who anticipates any taxable income which is not subject in whole or in part to Section 791.17, or who engages in any business, profession, enterprise or activity subject to the tax imposed by Section 791.03, shall file a declaration setting forth such estimated income or the estimated profit or loss from such business activity together with the estimated tax due thereon, if any, provided, however, that if a person's income is wholly from wages from which the tax will be withheld in full and remitted to the City in accordance with Section 791.17, such person need not file a declaration. However, if the amount of the estimated tax not withheld or not fully withheld is less than forty dollars ($40.00), such person need not file a declaration.
(Ord. 262-1966. Passed 12-23-66; Ord. 207-2009. Passed 12-7-09.)
(b) Those taxpayers reporting on a fiscal year basis shall file a declaration within 105 days after the beginning of each fiscal year or period.
(Ord. 262-1966. Passed 12-23-66; Ord. 207-2009. Passed 12-7-09.)
Loading...