(a) Credit.
(1) A resident of the Village who is required to and does pay, or acknowledges liability for, a municipal tax on or measured by income, to another municipality upon the same income taxable under this chapter, may claim a credit of one-half of the first one percent of tax paid by him or her or on his or her behalf to such other municipality, but not in excess of fifty percent of the tax assessed by this chapter on such income. For the purposes of this section, taxable income shall include the distributive share of net profits of a resident partner or owner of an unincorporated business entity. However, a resident of the Village shall not be entitled to such credit if he or she fails, neglects or refuses to timely file a return or form as is prescribed by the Administrator and required by this chapter.
(2) In the event a resident is entitled to credit for taxes paid another municipality, such resident is required to file a return on a form in such manner as the Tax Administrator may prescribe.
(3) Assignment of any claim for refund to which a resident may be entitled from another municipality shall be tentatively accepted as payment of that portion of Village income tax represented by such assignment. However, if satisfactory evidence is offered that the taxpayer is entitled to the claim covered by the assignment, such taxpayer shall not be deprived of credit therefore because of fault or neglect on the part of either municipality.
(4) In the event such resident fails, neglects or refuses to file such return or form as is prescribed by the Tax Administrator, such resident shall not be entitled to such credit and shall be considered in violation of this chapter for failure to file a return and make payment of taxes due hereunder.
(5) A resident owner of a pass-through entity that does not conduct business in the Village and that has paid an income tax to another municipality may claim a credit equal to the lesser of (i) the resident owner’s proportionate share of the amount, if any, of income tax paid by the pass-through entity to another municipality in the State; or (ii) the resident owner’s proportionate share of the amount of Village income tax that would be imposed on the pass-through entity if the pass-through entity conducted business in the Village.
(6) In no case shall the amount of the credit allowed under division (e) of this Section exceed the tax assessed by this chapter on the resident owner’s taxable income subject to tax by another municipality.
(7) The credits provided in Sections 718.021 and 718.121 of the Revised Code shall be available to residents, if applicable.
(8) Except as otherwise provided in Sections 718.021, 718.121 and 718.14 of the Revised Code, this chapter and the Rules and Regulations, where a nonresident is subject to the tax imposed by this chapter and is subject to tax on the same taxable income in the municipality where such nonresident resides, no credit against the Village income tax levied by this chapter shall be allowed.
(b) Claim for Credit. Any claim for credit for taxes paid by a resident to another municipality on the same income taxable under this chapter or claim for or assignment of any refund due to the credit provided for in Section 791.12 must be filed with the Tax Administrator on a form acceptable to the Tax Administrator within three (3) years from the due date of the Village income tax return. If the resident, fails, neglects, or refuses to file such claim for refund or credit within the time prescribed by this section, such failure, neglect, or refusal shall render such credit, claim for refund, or assignment null and void and the resident shall be liable for the full amount of tax assessed by this chapter, together with interest and penalties.
(Ord. 2007-55. Passed 12-11-07.)