(a) Payment of Tax on Filing of Return.
(1) The taxpayer making a return shall, at the time of the filing thereof, pay to the Administrator the amount of taxes shown as due thereon; provided, however, that where any portion of the tax so due shall have been deducted at the source pursuant to the provisions of subsection (b), or where any portion of the tax shall have been paid by the taxpayer pursuant to the provisions of subsection (b) hereof, or where an income tax has been paid to another municipality, credit for the amount so paid in accordance with Section 181.10(a) or (b), shall be deducted from the amount shown to be due and only the balance, if any, shall be due and payable at the time of filing the return.
(2) A taxpayer who has overpaid the amount of tax to which the Village of Glenwillow is entitled under the provisions of the Ordinance may have such overpayment applied against any subsequent liability hereunder or, at his election indicated on the return, such overpayment (or part thereof) shall be refunded, provided that no additional taxes or refunds of less than one dollar ($1.00) shall be collected or refunded.
(b) Collection at Source.
(1) In accordance with the rules and regulations prescribed by the Administrator, each employer within or doing business within the Village shall deduct at the time of payment of such salary, wage, commission or other compensation, the tax of two percent (2%) per annum of the gross salaries, wages, commissions or other compensation due by the employer or the employee and shall, on or before the last day of the month following the close of each calendar quarter, make a return and pay to the Administrator the amount of taxes so deducted during the previous months subject to the provisions of subsections (3), (4) and (5) hereof. Such returns shall be on a form or forms prescribed by or acceptable to the Administrator and shall be subject to the Rules and Regulations prescribed therefor by the Administrator. Such employer shall be liable for the payment of the tax required to be deducted and withheld whether or not such taxes have in fact been withheld.
(2) The officer or employee having control or supervision of or charged with the responsibility of filing any return or declaration required by this chapter and making payment, or any officer of a corporation who is responsible for execution of the corporation’s fiscal responsibilities, shall be personally liable for failure to file any return or declaration or pay the tax or employer withholding due by the provisions of the chapter. The dissolution, termination or bankruptcy of a corporation does not discharge a responsible officer’s or employees liability for a failure of the corporation to file returns or declarations or pay tax or employer withholding due.
(3) Such employer in collecting the tax shall be deemed to hold the same, until payment is made by such employer to the Village as a Trustee for the benefit of the Village and any such tax collected by such employer from his employees, shall, until the same is paid to the Village, be deemed a trust fund in the hands of such employer.
(4) Such employer who deducts the tax in an amount of two hundred and fifty dollars ($250.00) or more in the first or second month of a calendar quarter shall on or before the twentieth day of the following month, pay to the Administrator the amount of taxes so deducted.
(5) Such employer who makes such payments on a monthly basis for the first two months of a calendar quarter shall pay such tax deducted for the third month of a calendar quarter at the regular time for filing the employer’s quarterly return on income tax withheld.
(6) No person shall be required to withhold the tax on wages or other compensation paid domestic servants employed by him exclusively in or about such person’s residence, even though such residence is in the Village, but such employee shall be subject to all of the requirements of this chapter.
(c) Declaration of Income Not Collected at Source. Every person who anticipates any taxable income which is not subject to subsection (b) hereof, or who engages in any business, profession, enterprise or activity subject to the tax imposed by Section 181.03(a) hereof shall file a declaration setting forth such estimated income or the estimated profit or loss from such business activity together with the 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 the Village in accordance with subsection (b) hereof, such person need not file a declaration. If the estimated tax for the current year does not exceed fifty dollars ($50.00), no declaration or payment of estimated tax is required.
(d) Filing of Declaration.
(1) The declaration required by subsection (c) hereof shall be filed on or before April 30 of each year during the effective period set forth in Section 181.03(b) or within four months of the date the taxpayer becomes subject to tax for the first time.
(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.
(e) Form of Declaration.
(1) The declaration required by subsection (c) hereof, shall be filed upon a form furnished by, or obtainable from, the Administrator, provided, however, credit shall be taken for Village tax to be withheld from any portion of such income. In accordance with the provisions of Section 181.09(a) or (b) hereof, credit may be taken for tax to be paid or to be withheld and remitted to another taxing municipality.
(2) The original declaration (or any subsequent amendment thereof) may be increased or decreased on or before any subsequent quarterly payment date as provided for herein.
(f) Payment to Accompany Declaration. Such declaration of estimated tax to be paid to the Village shall be accompanied by a payment of at least one-fourth of the estimated annual tax and at least a similar amount shall be paid on or before the last day of the sixth, ninth, and twelfth months after the beginning of the taxable year. Provided, however, that in case an amended declaration has been filed, the unpaid balance shown due thereon shall be paid in equal installments on or before the remaining payment dates.
(g) Annual Return. On or before the last day of the fourth month of the year following that for which such declaration of amended declaration was filed, an annual return shall be filed and any balance which may be due the Village shall be paid therewith in accordance with the provisions of subsection (c) hereof.
(Ord. 2003-11-82. Passed 11-5-03.)