(a) Dates and Exemptions.
(1) On or before April 30 in each year prior to the tax year 2004 and April 15 of each year thereafter, the following persons shall make and file a return with the Tax Commissioner:
A. Each person who engages in business or other activity, or whose qualifying wages, commissions, other compensation, and other taxable income is subject to the tax imposed by this chapter, whether or not a tax is due thereon.
B. Each resident who engages in business or other activity, or whose qualifying wages, commissions, other compensation and other taxable income is subject to the tax imposed by this chapter, whether or not a tax is due thereon.
(2) When the return is made for a fiscal year or other period different from the calendar year, the return shall be filed on or before the fifteenth (15th) day of the fourth (4th) month following the end of such fiscal year or period. The Tax Commissioner is hereby authorized to provide by regulation that the return of an employer or employers, showing the amount of municipal tax deducted by said employer or employers from the salaries, wages, commissions or other compensation of an employee, and paid by him or them to the Tax Commissioner may be accepted as the return required of any employee whose sole income, subject to tax under this Tax Code, is such qualifying wage, commissions, other compensation, and other taxable income.
(3) Filings, including requests for extensions, must be received in the office of the Tax Commissioner by the due date.
(b) A husband and wife may file either separate returns or a joint return for municipal purposes, even though one of the spouses has neither taxable income nor deductions included on the municipal return regardless of whether their federal and state returns were filed separately or jointly. If a joint Village return is made, the tax shall be computed on the aggregate taxable income and the liability with respect to the tax shall be joint and several.
(c) The return shall be filed with the Tax Commissioner on a form or forms furnished by or obtainable upon request from the Tax Commissioner; or on a generic form, if the generic form, when completed and filed, contains all of the information required to be submitted with the municipality's prescribed return and, if the taxpayer or return preparer filing the generic form otherwise complies with the Tax Code governing the filing of returns.
(d) The return shall set forth:
(1) The aggregate amounts of qualifying wages, commissions, and other compensation earned, received, apportioned or set aside, other income defined by statute as taxable, and gross income from any business, profession or other activity, less allowable expenses incurred in the acquisition of such gross income, earned during the preceding year and subject to said tax; and
(2) The amount of the tax imposed by this chapter on such earnings and profits; and
(3) Such other pertinent statements, information returns, copies of federal or state tax returns and/or schedules, or other information as the Tax Commissioner may require, including a statement that the figures used in the return are the figures used in the return for federal income tax, adjusted to set forth only such income as is taxable under the provisions of this chapter.
(e) Extensions.
(1) Any taxpayer that has requested an extension for filing a federal income tax return may request an extension for the filing of the municipality's tax return. The taxpayer shall make the request by filing a copy of the taxpayer's request for a federal filing extension with the Tax Commissioner.
(2) Any taxpayer not required to file a federal income tax return may request an extension for filing the municipality's tax return in writing.
(3) The request for extension must be filed on or before the original due date for the annual return. If the request is granted, the extended due date of the municipal income tax return 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.
(4) The Tax Commissioner may deny a taxpayer's request for extension if the taxpayer:
A. Fails to timely file the request;
B. Fails to file a copy of the federal extension request (if applicable);
C. Owes the municipality any delinquent income tax or any penalty, interest, assessment or other charge for the late payment or nonpayment of income tax;
D. Has failed to file any required income tax return, report, or other related document for a prior tax period.
(5) The granting of an extension for filing a municipal income tax return does not extend the due date as provided in this section for paying of the tax; hence, penalty and interest may apply to any unpaid tax during the period of extension at the rate set out by Section 151.10. Interest but no penalty shall be assessed in those cases in which the return is filed and the final tax paid within the extension period provided all other filing and payment requirements of the Tax Code have been met. Any extension by the Tax Commissioner shall be granted upon the condition that declaration filing and payment requirements have been fulfilled; however, if, upon further examination it then becomes evident that declaration filing and payment requirements have not been fulfilled, penalty and interest may be assessed in full and in the same manner as though no extension had been granted.
(f) Payments with Returns.
(1) The taxpayer making a return shall at the time of the filing thereof pay to the Tax Commissioner the amount of taxes shown as due thereon; provided that where the source, pursuant to the provisions of Section 151.06 of this chapter; or where any portion of the tax shall have been paid by the taxpayer pursuant to the provisions of Section 151.07 of this chapter, or where an income tax, accreditable against the municipal tax pursuant to Section 151.12 hereof has been paid to another municipality, credit for the amount so paid 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 said return.
(2) A taxpayer who has overpaid the amount of tax to which the municipality is entitled under the provisions of this chapter 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 $1.01 shall be collected or refunded.
(g) Amended Returns.
(1) Where necessary, an amended return shall be filed in order to report additional income and pay any additional tax due, or claim a refund of tax overpaid, subject to the requirements and/or limitations contained in Sections 151.11 and 151.12. The Tax Commissioner shall provide by regulation the format in which such amended return shall be filed. A taxpayer may not change the method of accounting or apportionment of net profits after the due date for filing the original return.
(2) Within three (3) months from the final determination of any federal tax liability affecting the taxpayer's municipal tax liability, such taxpayer shall make and file an amended municipal return showing income subject to the municipality tax based upon such final determination of federal tax liability, and pay any additional tax shown due thereon or make claim for refund of any overpayment.
(Ord. 2005-2. Passed 3-28-05.)