191.05   RETURN; PAYMENT OF TAX.
   (a)   Each taxpayer who engages in business, or whose income, salaries, wages, commissions, rents and other compensation are subject to the tax imposed by this chapter, shall, whether or not a tax is due thereon, make and file a return on or before April 30 of each year with the Director of Finance on a form furnished by or obtained from the Director, or on a generic form as defined in this chapter, setting forth the aggregate amount of income, salaries, wages, commissions, rents and other compensation earned and/or received, and/or net profits earned and/or gross income from such business less allowable expenses in the acquisition of such gross income earned during the preceding year and subject to the tax, together with such other pertinent information as the Director may require (including but not limited to copies of all W-2 forms, 1099 miscellaneous income forms, page one of form 1040, page one and two of form 1120, 1120s (including (K-1), 2106, 1065, Schedule C (including cost of goods manufactured and/or sold), schedule E, schedule F and any other federal schedules if applicable).  Provided, however, that when the return is made for a fiscal year or other period different from the calendar year, the return shall be made within one hundred five (105) days after the close of the fiscal year or other period.
(Ord. C7-71. Passed 3-1-71.)
   (b)   Commencing with taxable years beginning subsequent to December 31, 1981, the net loss from an unincorporated business activity may not be used to offset income, salaries, wages, commissions or other compensation. However, if a taxpayer is engaged in two or more taxable business activities to be included in the same return, the net loss of one unincorporated business activity, except any portion of a loss separately reportable for municipal tax purposes to another taxing entity, may be used to offset the profits of another for purposes of arriving at overall net profits. A husband and wife, in any taxable year, may elect to file separate or joint returns. (Ord. C74-82. Passed 10-18-82.)
   (c)   If a net operating loss has been sustained in any taxable year, such losses may not be carried forward or backward to any other taxable year.
(Ord. C7-71. Passed 3-1-71.)
   (d)   Consolidated returns.
      (1)   Any affiliated group which files a consolidated return for federal income tax purposes pursuant to Section 1501 of the Internal Revenue Code may file a consolidated return with the City.  However, once the affiliated group has elected to file a consolidated return or a separate return with the City, the affiliated group may not change their method of filing in any subsequent tax year without written approval from the City.
      (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 City constituting a portion only of its total business, the Director of Finance shall require such additional information as the Director of Finance may deem necessary to ascertain whether net profits are properly allocated to the City.  If the Director of Finance finds net profits are not properly allocated to the City 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 director of finance shall make such allocation as the Director of Finance deems appropriate to produce a fair and proper allocation of net profits to the City.
(Ord. C73-77. Passed 9-19-77.)
   (e)   The taxpayer making a return shall, at the time of the filing thereof, pay to the City the amount of taxes shown as due thereon; provided, however, that where any portion of the tax so due has been deducted at the source pursuant to the provisions of Section 191.07 or where any portion of the tax has been paid by the taxpayer pursuant to the provisions of Section 191.08 or where an income tax has been paid to another municipality, credit for the amount so paid in accordance with Section 191.15 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.
   (f)   A taxpayer who has overpaid his income tax in any taxable year may request a refund, provided, however, there is no other tax liability and that no amount of less than one dollar ($1.00) will be refunded or collected.
(Ord. C7-71. Passed 3-1-71.)
   (g)   The Director shall have the authority to extend the time for filing of the annual return, provided, the request of the taxpayer for extension is made in writing and received on or before the original due date of the return. The extension period requested may not exceed six months. For taxable year 2004 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.  For taxable years subsequent to 2004 the extended due date shall be the last day of the month to which the due date of the federal income tax return has been extended.  The Director of Finance may deny the extension if the taxpayer's income tax account with the City of Grove City is delinquent in any way.  The Director may require a tentative return, accompanied by payment of the amount of tax shown to be due thereon on or before the original due date. No penalty shall be assessed in those cases in which the return is filed and the final tax paid within the period as extended.
   (h)   Any business, profession, association or corporation reporting a net loss is subject to the filing requirements of this chapter.
   (i)   A loss from the operation of a business may not be used to offset the income on a taxpayer's W-2 form.
   (j)   Expenses shown on Federal Form 2106 are deductible, but are subject to review and audit by the City's income tax office.  The 2106 expenses must be apportioned to municipalities in the same manner to which the related income is apportioned.
   (k)   The officer or employee of such employer having control or supervision or charged with the responsibility of withholding the tax and making the payment, shall be personally liable for failure to withhold or pay the tax, penalties, or interest due as required herein. The dissolution, bankruptcy or reorganization or other fundamental change of any such employer does not discharge an officer's or employee's liability for a prior failure of such business to withhold the tax or pay taxes, penalties, or interest due.
(Ord. C104-90. Passed 12-17-90. Ord. C27-05. Passed 4-4-05.)