(a) Date for Filing Returns.
(1) Each taxpayer who engages in business or whose qualifying wages are subject to the tax imposed by this chapter, except as herein provided, shall, whether or not a Village income tax is due thereon, make and file a return on or before April 30 of the year following January 1, 1968, and on or before April 30 of each year thereafter. When the return is made for a fiscal year or other period different from the calendar year, the return shall be filed within four months from the end of such fiscal year or period.
(2) Unless the filing exemption in division (e) of this section applies, for taxable years beginning after 2007, each taxpayer shall, whether or not a Village income tax is due thereon, make and file an annual Village income tax return or report on the fifteenth (15th) day of the fourth (4th) month following the end of the taxpayer’s taxable year.
(3) No taxpayer shall be required to file an annual Village income tax return or report prior to the filing date for the corresponding tax reporting period as prescribed for such taxpayer under the Internal Revenue Code.
(4) Tax returns required to be filed under this section shall be deemed filed when postmarked by the United States Postal Service or the date of receipt recorded by authorized delivery service as defined in Sections 5703.056 of the Revised Code. Tax returns otherwise delivered to the Tax Administrator during normal business hours shall be deemed filed on the date received.
(5) The Tax Administrator is authorized to provide by regulation that the return of an employer, showing the amount of tax deducted by the employer from the qualifying wages of an employee, and paid by him or them to the Tax Administrator shall be accepted as the return required of any employee whose sole income, subject to tax under this chapter, is such qualifying wages. This filing exemption is limited to nonresident taxpayers whose sole income is qualifying wages for which the tax imposed by this chapter has been withheld and remitted to the Village by the employer.
(b) Form and Content of Return. The Village income tax return shall be filed with the Tax Administrator on a form prescribed by and obtainable upon request from the Tax Administrator, setting forth:
(1) The aggregate amounts of all qualifying wages net profits and all other taxable income earned and/or received by the taxpayer during the taxable year and subject to the Village income tax; and lottery winnings and other gambling winnings in an amount in excess of two hundred fifty thousand dollars ($250,000.00)
(2) The amount of the tax imposed by this chapter on such qualifying wages, net profits; and all other taxable income;
(3) Such other pertinent statements, schedules, information, returns, copies of federal or state tax returns or any other information as the Tax Administrator may require; and
(4) In accordance with Section 718.051 of the Revised Code and the Rules and Regulations, taxpayers subject to the Village income tax on the net profits from a business or profession may file the Village income tax return by using the Ohio Business Gateway.
(c) Extension of Time for Filing Returns.
(1) Except as otherwise provided in division (g) of this section, any taxpayer who has requested an extension for filing a federal income tax return may request an extension for filing the Village income tax return for the same taxable year by filing a copy of the request for federal extension with the Tax Administrator in accordance with Section 718.05 of the Revised Code and the Rules and Regulations. Any taxpayer not required to file a federal income tax return may request an extension for filing the Village income tax return in accordance with Section 718.05 of the Revised Code and the Rules and Regulations.
(2) Requests for extensions are not automatic and may be denied in accordance with Section 718.05 of the Revised Code.
(3) If granted, request for extensions filed before January 1, 2008, shall extend the due date of the Village income tax return for a period not to exceed six months or one month beyond any extension requested of, or granted by, the Internal Revenue Service for filing the federal income tax return.
(4) For taxable years beginning after 2007, if the request for extension to file the Village income tax return is granted, the extended due date shall be the last day of the month following the month to which the due date of the federal income tax return has been extended.
(6) No late filing penalty shall be imposed if the Village income tax return is filed and the final tax paid on or before the due date as extended.
(7) In accordance with Section 718.051 of the Revised Code and the Rules and Regulations, taxpayers subject to the Village income tax on the net profits from a business or profession that have received an extension to file the federal income tax return by using the Ohio Business Gateway will receive an extension to file the Village income tax return for the same taxable year provided that, the requirements of Section 718.051 of the Revised Code are met. In accordance with that Section, the extended due date will be the last day of the same month to which the due date for filing the federal return has been extended.
(d) Consolidated Returns.
(1) Filing of consolidated returns may be permitted or required in accordance with the Rules and Regulations prescribed by the Tax Administrator. A consolidated return may be filed by any affiliated group of corporations subject to the tax imposed by this chapter if that affiliated group filed for the same taxable year a consolidated return for federal income tax purposes pursuant to Section 1501 of the Internal Revenue Code. If an affiliated group of corporations subject to the tax imposed by this chapter is required to file a consolidated return or files a consolidated return in accordance with this Section, the affiliated group of corporations must continue to file consolidated returns including that group of corporations and any other group of corporations included in the federal consolidated filing group for all subsequent taxable years that the group files a consolidated tax return for federal tax purposes unless, on or before the due date for filing the Village income tax return for the taxable year, the affiliated group obtains written permission from the Tax Administrator to file separate returns for that year.
(2) 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 Village constituting a portion only of its total business, the Tax Administrator shall require such additional information as he may deem necessary to ascertain whether net profits are properly allocated to the Village. If the Tax Administrator finds that net profits are not properly allocated to the Village 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, the Tax Administrator shall make such allocation to produce a fair and proper allocation of net profits to the Village.
(e) Amended Returns.
(1) Where necessary an amended return shall be filed in order to report additional income and pay any additional Village income tax due, or claim a refund of Village income tax overpaid, subject to the requirements, limitations, or both, contained in Sections 791.11 and 791.12 of this Chapter. Such amended return shall be on a form prescribed by and obtainable upon request from the Tax Administrator. A taxpayer may not change the method of accounting, filing status or method of apportionment of the net profits after the due date for filing the original Village income tax return.
(2) Within three months from the final determination of any federal tax liability affecting the taxpayer's Village tax liability, such taxpayer shall make and file an amended Village return showing income subject to the Village income tax based upon such final determination of federal tax liability, and pay any additional Village income tax shown due thereon or make claim for refund of any overpayment.
(Ord. 2007-55. Passed 12-11-07.)
(3) Taxpayers owing no tax may file, in lieu of a tax return, an Exemption Certificate prescribed from time to time by the Village.
(Ord. 2012-24. Passed 7-10-12.)