191.06   AMENDED RETURN; REFUNDS FOR OVERPAYMENT.
   (a)   Where an amended return must be filed in order to report additional income and pay any additional tax due, or claim a refund of tax overpaid subject to the requirement and/or limitations contained in Section 191.05, such amended return shall be on a form obtainable on request from the Director of Finance. A taxpayer may not change the method of accounting (i.e., cash or accrual) or apportionment of net profits, nor the method of filing (i.e., single or consolidated), after the due date for filing the original return. (Ord. C71-10.  Passed 12-6-10.)
   (b)   Within three months from the final determination of any Federal tax liability affecting the taxpayer's City tax liability, such taxpayer shall make and file an amended City return showing income subject to the City tax based upon such final determination of Federal tax liability, and pay any additional tax shown due thereon or make a claim for refund of any overpayments.
   (c)   No refund shall be allowed unless a written request is presented to the Director within three years of the date on which such payment was made or the return was due.  However, the following shall apply regarding refunds of tax withheld from non-qualified deferred compensation plans (NDCP):
      (1)   A taxpayer may be eligible for a refund if the taxpayer has suffered a loss from a NDCP. The loss will be considered sustained only in the taxable year in which the taxpayer receives the final distribution of money and property pursuant to the NDCP. Full loss is sustained if no distribution of money and property will be made by the NDCP.
      (2)   A taxpayer who receives income as a result of payments from a NDCP, and that income is less than the amount of income deferred to the NDCP and upon which municipal tax was withheld, then a refund will be issued on the amount representing the difference between the deferred income that was taxed and the income received from the NDCP.  If different tax rates applied to the tax years in which deferrals, a weighted average of the different tax rates will be used to compute the refund amount.
      (3)   Refunds shall be allowed only if the loss is attributable to the bankruptcy of the employer who had established the NDCP, or the employee's failure or inability to satisfy all of the employer's terms and conditions necessary to receive the nonqualified compensation.
   (d)   Income tax that has been deposited with Grove City, but should have been deposited with another municipality, is allowable by Grove City as a refund but is subject to the three-year limitation on refunds.  Income tax that should have been deposited with Grove City, but was deposited with another municipality, shall be subject to recovery by Grove City. Grove City will allow a non-refundable credit for any amount owed grove city that is in excess of the amount to be refunded by the other municipality, as long as the tax rate of the other municipality is the same or higher than Grove City's tax rate.  If Grove City's tax rate is higher, the tax representing the net difference of the rates is also subject to collection by Grove City.
(Ord. C7-71. Passed 3-1-71.)