(A) All taxes imposed by this chapter shall be collectible, together with any interest and penalties thereon, by suit as other debts of like amount are recoverable. No additional assessment shall be made after three years from the time of payment of any tax due hereunder; provided however, there shall be no period of limitation on an additional assessment in a case of a return that omits gross income in excess of 25% of that required to be reported or in the case of filing a false or fraudulent return with intent to evade the tax, or in the case of failure to file a return. In those cases in which the Commissioner of Internal Revenue and the taxpayer have executed a waiver of the federal statute of limitations the period within which an additional assessment may be made by the Tax Commissioner shall be extended one year from the time of the final determination of the federal tax liability. Should the taxpayer file or have pending a bankruptcy petition or otherwise invoke any law that would prevent the city from pursuing the civil remedies provided for herein, the three year limitation upon civil actions shall be extended by an amount of time equal to that during which the city was stayed or prevented from pursuing the collection of unpaid taxes as allowed by this section.
(B) Taxes erroneously paid shall not be refunded unless a claim for a refund is made within three years from the date on which such payment was made or the return was due, or within three months after final determination of the federal tax liability, whichever is later.
(C) Interest shall be allowed and paid on any overpayment by a taxpayer of any municipal income tax obligation from the date of the overpayment, except that if any overpayment is refunded within 90 days after the final filing date of the annual return or 90 days after the complete return is filed, whichever is later. For purposes of computing the payment of interest on overpayments, no amount of tax for any taxable year shall be treated as having been paid before the date on which the tax return for that year was due without regard to any extension of time for filing that return. The interest shall be paid at the rate of interest prescribed by Ohio Revised Code Section 5703.47.
(Ord. 16-1974, passed 3-4-74; Am. Ord. 01-1998, passed 2-2-98; ; Am. Ord. 03-2006, passed 3-6-06; Am. Ord. 01-2007, passed 1-16-07)