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If a business entity makes, or is required to make, a federal income tax return, the gross receipts shall be computed for the purposes of this chapter on the basis of the same calendar or fiscal year required by the federal government, and shall employ the same methods of accounting required for federal income tax purposes.
(Ord. O-27-07, passed 12-11-07)
(A) All business entities' returns for the preceding taxable year shall be made by April 15 in each year, except returns made on the basis of a fiscal year, which shall me made by the fifteenth day of the fourth month following the close of the fiscal year. Blank forms for returns shall be supplied by the city.
(B) Every business entity shall submit a copy of its federal income tax return at the time of filing its 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 all statements and schedules in support thereof. The city may also require copies of reports of adjustments made by the federal government.
(Ord. O-27-07, passed 12-11-07)
The city may grant any business entity an extension of not more than six 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 tax, requests the extension and pays the amount properly estimated as its tax. If the time for filing a return is extended, the business entity shall pay, as part of the tax, an amount equal to 12% per annum simple interest on the tax shown due on the return, but not 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. O-27-07, passed 12-11-07)
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 tax return, determined without regard to any extension of time for filing the return.
(Ord. O-27-07, passed 12-11-07)
(A) As used in this section, unless the context requires otherwise:
(1) "CONCLUSION OF THE FEDERAL AUDIT" means the date that the adjustments made by the Internal Revenue Service to net income or gross receipts as reported on the business entity's federal income tax return become final and unappealable; and
(2) "FINAL DETERMINATION OF THE FEDERAL AUDIT" means the revenue agent's report or other documents reflecting the final and appealable adjustments made by the Internal Revenue Service.
(B) As soon as practicable after each return is received, the city may examine and audit it. If the amount of tax computed by the city is greater than the amount returned by the business entity, the additional tax shall be assessed and a notice of assessment mailed to the business entity by the city within five years from the date the return was filed, except as otherwise provided in this division (B).
(1) In the case of a failure to file a return or of a fraudulent return the additional tax may be assessed at any time.
(2) In the case of a return where a business entity understates gross receipts, or omits an amount properly includable in gross receipts, or both, which understatement or omission or both is in excess of 25% of the amount of gross receipts stated in the return, the additional tax may be assessed at any time within six years after the return was filed.
(3) In the case of an assessment of additional tax relating directly to adjustments resulting from a final determination of a federal audit, the additional tax may be assessed before the expiration of the times provided in this subsection, or six months from the date the city receives the final determination of the federal audit from the business entity, whichever is later.
(4) The times provided in this division may be extended by agreement between the business entity and the city. For the purposes of this division, a return filed before the last day prescribed by law for filing the return shall be considered as filed on the last day. Any extension granted for filing the return shall also be considered as extending the last day prescribed by law for filing the return.
(C) Every business entity shall submit a copy of the final determination of the federal audit within 30 days of the conclusion of the federal audit.
(D) The city may initiate a civil action for the collection of any additional tax within the times prescribed in division (B) of this section.
(Ord. O-27-07, passed 12-11-07)
(A) No suit shall be maintained in any court to restrain or delay the collection or payment of any tax subject to the provisions of this chapter.
(B) Any tax collected pursuant to the provisions of this chapter may be refunded or credited within two years of the date prescribed by law for the filing of a return or the date the money was paid to the city whichever is the later, except that:
(1) If any case where the assessment period contained in § 110.20 has been extended by an agreement between the business entity and the city, the limitation contained in this division shall be extended accordingly.
(2) If the claim for a refund or credit relates directly to adjustments resulting from a federal audit, the business entity shall file a claim for refund or credit within the time provided for in this division or six months from the conclusion of the federal audit, whichever is later.
For the purposes of this division and division (C) of this section, a return filed before the last day prescribed by law for filing the return shall be considered as filed on the last day.
(C) Exclusive authority to refund or credit overpayment of taxes collected by the city is vested in the city.
(Ord. O-27-07, passed 12-11-07)
Every employer making payment of compensation to an employee shall deduct and withhold upon the payment of the compensation the tax imposed against the compensation by the city. Amounts withheld shall be paid to the city in accordance with § 110.24.
(Ord. O-27-07, passed 12-11-07)
(A) Every employer required to deduct and withhold tax under § 110.22 shall, for the quarter ending after January 1 and for each quarter ending thereafter, on or before the end of the month following the close of each quarter make a return and report to the city the tax required to be withheld, unless the employer is permitted or required to report within a reasonable time after some other period as determined by the city.
(B) Every employer who fails to withhold or pay to the city any sums required to be withheld and paid shall be personally and individually liable to the city for any sum or sums withheld or required to be withheld.
(C) The city shall have a lien upon all the property of any employer who fails to withhold or pay over to the city sums required to be withheld. If the employer withholds but fails to pay the amounts withheld to the city, the lien shall commence as of the date the amounts withheld were required to be paid. If the employer fails to withhold, the lien shall commence at the time the liability of the employer is assessed by the city.
(D) Every employer required to deduct and withhold tax shall annually on or before February 28 of each year complete and file on a form furnished or approved by the city a reconciliation of the tax withheld in the city where compensation is paid or payable to employees. Either copies of federal forms W-2 and W-3, transmittal of wage and tax statements, or a detailed employee listing with the required equivalent information as determined by the city shall be submitted.
(E) Every employer shall furnish each employee a statement on or before January 31 of each year showing the amount of compensation and license tax deducted by the employer from the compensation paid to the employee for payment to the city during the preceding calendar year.
(Ord. O-27-07, passed 12-11-07)
(A) An employer shall be liable for the payment of the tax required to be deducted and withheld hereunder.
(B) The president, vice president, secretary, treasurer or any other person holding an equivalent corporate office of any business entity subject to this chapter shall be personally and individually liable, both jointly and severally, for any tax required to be withheld from compensation paid to one or more employees of any business entity, and neither the corporate dissolution or withdrawal of the business entity from the city nor the cessation of holding any corporate office shall discharge that liability of any person; provided that the personal and individual liability shall apply to each or every person holding the corporate office at the time the tax becomes or became obligated. No person shall be personally and individually liable under this division who had no authority to collect, truthfully account for, or pay over any tax imposed by this chapter at the time the taxes become or became due.
(C) Every employee receiving compensation in the city subject to the tax imposed under this chapter shall be liable for the tax notwithstanding the provisions of divisions (A) and (B) of this section.
(Ord. O-27-07, passed 12-11-07)
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