(a) Every person who anticipates the receipt of any taxable income which is not subject to Section 181.06, or who engages in any business, profession, enterprise or activity subject to the tax imposed by Section 181.03, shall file a declaration setting forth such person's estimated taxable income together with any estimated tax due thereon, if any; provided, however, if a person's income is wholly from wages from which the tax will be withheld and remitted to Germantown in accordance with Section 181.06, such person need not file a declaration.
(b) (1) Such declaration shall be filed on or before April 30 of each year during the life of this chapter, except that no penalties or interest shall be assessed, for not filing a declaration, on any resident taxpayer who was not domiciled in the Municipality on the first day of January of the year in which they became subject to estimated payments, nor shall penalties or interest be assessed on estimated payments if the taxpayer has remitted an amount equal to one hundred percent of the previous year's tax liability, provided that the previous year reflected a twelve-month period.
(2) Those taxpayers reporting on a fiscal year basis shall file a declaration within four months after the beginning of each fiscal year or period.
(c) (1) Such declaration shall be filed upon a form furnished by or obtainable upon request from the Superintendent. Credit shall be taken for the Germantown tax to be withheld from any portion of such income to determine the estimated tax due. In accordance with the provisions of Section 181.15, credit may be taken for tax to be paid to or to be withheld and remitted to another taxing municipality.
(2) The original declaration, or any subsequent amendment thereof, may be amended at any time.
(3) An amended declaration must be filed on or before January 31 of the following year, or in the case of a taxpayer on a fiscal year, on or before the date fixed by regulation of the Superintendent if it appears that the original declaration made for such taxable year underestimated the taxpayer's income by thirty percent (30%) or more. At such time a payment which, together with prior payments, is sufficient to pay the taxpayer's entire estimated liability shall be made. If upon the filing the return required by Section 181.05, it appears that the taxpayer did not pay ninety percent (90%) of his tax liability, as shown on such return, on or before January 31, or the date fixed by regulations, whichever is applicable, the difference between ninety percent (90%) of such taxpayer's tax liability and the amount of estimated tax actually paid on or before January 31, or the date fixed by regulation, whichever is applicable, shall be subject to the interest and penalty provisions of Section 181.10. An exception will be made if one hundred percent (100%) of the prior year tax liability has been paid in equal quarterly installments in the current year.
(d) (1) Such declaration of net estimated tax to be paid Germantown by taxpayers who are individuals shall be accompanied by a payment of at least one- fourth of ninety percent (90%) of the estimated annual tax, less credit, and at least a similar amount shall be paid on or before the last day of the seventh, tenth and thirteenth months after the beginning of the taxable year. Provided, however, that in case and amended declaration has been filed, the unpaid balance shown due thereon shall be paid in equal installments on or before the remaining payment dates.
(2) Such declaration of estimated tax to be paid Germantown by corporations and associations shall be accompanied by a payment of at least one fourth of 90% of the estimated annual tax and at least a similar amount shall be paid on or before June 15, September 15 and December 15. In the case of a fiscal year taxpayer the second, third, and fourth quarter payments shall be due on the fifteenth day of the sixth, ninth and twelfth months of the taxable year, respectively.
(3) Provided further, however, that the last-quarterly payment of estimated tax need not be made if the taxpayer files his final return and pays the balance of the tax due thereon within forty-five days following the end of his taxable year.
(e) On or before the last day of the fourth month of the calendar or fiscal year following that for which such declaration or amended declaration was filed, an annual return shall be filed and any balance which may be due Germantown shall be paid therewith in accordance with the provisions of Section 181.05.
(Ord. 01-68. Passed 1-7-02.)