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Lakewood Overview
Lakewood, OH Code of Ordinances
Codified Ordinances of the City of Lakewood, Ohio
CERTIFICATION
ROSTER OF OFFICIALS
ADOPTING ORDINANCE NO. 32-00
EDITOR'S NOTE
COMPARATIVE SECTION TABLE
CHARTER
PART ONE - ADMINISTRATIVE CODE
TITLE ONE - General Provisions
TITLE THREE - Legislative
TITLE FIVE - Administrative
CHAPTER 123 Departments and Directors Established
CHAPTER 125 Mayor
CHAPTER 127 Department of Law
CHAPTER 128 Municipal Income Tax (Through December 31, 2015)
CHAPTER 128 Municipal Income Tax Effective January 1, 2016
128.01 AUTHORITY TO LEVY TAX; PURPOSES OF TAX; RATE.
128.011 AUTHORITY TO LEVY TAX.
128.012 PURPOSES OF TAX; RATE.
128.013 ALLOCATION OF FUNDS.
128.014 STATEMENT OF PROCEDURAL HISTORY; STATE MANDATED CHANGES TO MUNICIPAL INCOME TAX.
128.02 EFFECTIVE DATE.
128.03 DEFINITIONS.
128.04 INCOME SUBJECT TO TAX FOR INDIVIDUALS.
128.041 DETERMINING MUNICIPAL TAXABLE INCOME FOR INDIVIDUALS.
128.042 DOMICILE.
128.043 EXEMPTION FOR MEMBER OR EMPLOYEE OF GENERAL ASSEMBLY AND CERTAIN JUDGES.
128.044 REMOTE EMPLOYEE, REMOTE LOCATIONS, AND REPORTING.
128.05 COLLECTION AT SOURCE.
128.051 COLLECTION AT SOURCE; WITHHOLDING FROM QUALIFYING WAGES.
128.052 COLLECTION AT SOURCE; OCCASIONAL ENTRANT.
128.053 COLLECTION AT SOURCE; VLT.
128.06 INCOME SUBJECT TO NET PROFIT TAX.
128.061 DETERMINING MUNICIPAL TAXABLE INCOME FOR TAXPAYERS WHO ARE NOT INDIVIDUALS.
128.062 NET PROFIT; INCOME SUBJECT TO NET PROFIT TAX; ALTERNATIVE APPORTIONMENT.
128.063 CONSOLIDATED FEDERAL INCOME TAX RETURN.
128.07 DECLARATION OF ESTIMATED TAX.
128.08 CREDIT FOR TAX PAID.
128.082 REFUNDABLE CREDIT FOR QUALIFYING LOSS.
128.083 CREDIT FOR PERSON WORKING IN JOINT ECONOMIC DEVELOPMENT DISTRICT OR ZONE.
128.084 CREDIT FOR TAX BEYOND STATUTE FOR OBTAINING REFUND.
128.09 ANNUAL RETURN.
128.091 RETURN AND PAYMENT OF TAX.
128.092 RETURN AND PAYMENT OF TAX; INDIVIDUALS SERVING IN COMBAT ZONE.
128.093 USE OF OHIO BUSINESS GATEWAY; TYPES OF FILINGS AUTHORIZED.
128.094 EXTENSION OF TIME TO FILE.
128.095 AMENDED RETURNS.
128.096 REFUNDS.
128.10 PENALTY, INTEREST, FEES, AND CHARGES.
128.11 AUDIT.
128.12 ROUNDING.
128.13 AUTHORITY AND POWERS OF THE TAX ADMINISTRATOR.
128.131 AUTHORITY OF TAX ADMINISTRATOR; ADMINISTRATIVE POWERS OF THE TAX ADMINISTRATOR
128.132 AUTHORITY OF TAX ADMINISTRATOR; COMPROMISE OF CLAIM AND PAYMENT OVER TIME.
128.133 AUTHORITY OF TAX ADMINISTRATOR; RIGHT TO EXAMINE.
128.134 AUTHORITY OF TAX ADMINISTRATOR; REQUIRING IDENTIFYING INFORMATION.
128.14 CONFIDENTIALITY.
128.15 FRAUD.
128.16 OPINION OF THE TAX ADMINISTRATOR.
128.17 ASSESSMENT; APPEAL BASED ON PRESUMPTION OF DELIVERY.
128.18 LOCAL BOARD OF TAX REVIEW; APPEAL TO LOCAL BOARD OF TAX REVIEW.
128.19 ACTIONS TO RECOVER; STATUTE OF LIMITATIONS.
128.20 ADOPTION OF RULES.
128.21 LIABILITY FOR NON-PAYMENT BY CONSTRUCTION CONTRACTORS, SUBCONTRACTORS, INDEPENDENT CONTRACTORS, AND OWNERS.
128.22 FILING NET PROFIT TAXES; ELECTION TO BE SUBJECT TO PROVISIONS OF CHAPTER.
128.2201 DEFINITIONS.
128.2202 APPLICABILITY; TAXABLE SITUS; APPORTIONMENT.
128.2203 INFORMATION PROVIDED TO TAX ADMINISTRATOR; CONFIDENTIALITY.
128.2204 FILING OF ANNUAL RETURN; REMITTANCE; DISPOSITION OF FUNDS.
128.2205 ELECTRONIC FILING.
128.2206 CONSOLIDATED RETURNS.
128.2207 FAILURE TO PAY TAX.
128.2208 DECLARATION OF ESTIMATED TAXES.
128.2209 ADDITIONAL PENALTIES.
128.2210 ASSESSMENTS AGAINST TAXPAYER.
128.2211 REFUND APPLICATIONS.
128.2212 AMENDED RETURNS.
128.2213 EXAMINATION OF RECORDS AND OTHER DOCUMENTS AND PERSONS.
128.2214 CREDITS.
128.2215 RECKLESS VIOLATIONS; PENALTIES.
128.97 COLLECTION AFTER TERMINATION OF CHAPTER.
128.98 SAVINGS CLAUSE.
128.99 VIOLATIONS; PENALTY.
CHAPTER 129 Department of Finance; Moneys, Investments and Funds
CHAPTER 131 Department of Public Works
CHAPTER 133 Department of Public Safety
CHAPTER 135 Division of Police
CHAPTER 137 Division of Fire
CHAPTER 138 Department of Human Resources
CHAPTER 139 Department of Planning and Development
CHAPTER 140 Department of Human Services
CHAPTER 141 Special Assessments
CHAPTER 142 Community Relations Advisory Commission
CHAPTER 143 City Records Commission
CHAPTER 144 Civil Service Commission
CHAPTER 145 Keep Lakewood Beautiful Board
CHAPTER 146 Animal Safety and Welfare Advisory Board
CHAPTER 147 Bonds
CHAPTER 148 Personal Information Systems
CHAPTER 149 Employment Provisions
CHAPTER 150 Public Art Advisory Board
CHAPTER 151 Sundry Claims (Repealed)
CHAPTER 152 Tree Advisory and Education Board
CHAPTER 153 Urban Renewal
CHAPTER 154 Planning Commission
CHAPTER 155 Real Property Transactions
CHAPTER 156 Board of Building Standards and Building Appeals
CHAPTER 157 Collective Bargaining (Repealed)
CHAPTER 158 Child Care Services Advisory Board (Repealed)
CHAPTER 159 Youth Council.
CHAPTER 160 Audit Committee
TITLE SEVEN - Judicial
PART THREE - TRAFFIC CODE
PART FIVE - GENERAL OFFENSES CODE
PART SEVEN - BUSINESS REGULATION CODE
PART NINE - STREETS, UTILITIES AND PUBLIC SERVICES CODE
PART ELEVEN - PLANNING AND ZONING CODE
PART THIRTEEN - BUILDING CODE
PART FIFTEEN - FIRE PREVENTION CODE
PART SEVENTEEN - SANITARY CODE
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128.094 EXTENSION OF TIME TO FILE.
   (a)    Any taxpayer that has duly requested an automatic six-month extension for filing the taxpayer's federal income tax return shall automatically receive an extension for the filing of a municipal income tax return. The extended due date of the municipal income tax return for a taxpayer that is an individual shall be the fifteenth day of the tenth month after the last day of the taxable year to which the return relates. The extended due date of the municipal income tax return for a taxpayer that is not an individual shall by the fifteenth day of the eleventh month after the last day of the taxable year to which the return relates.
   (b)   (1)   Any taxpayer that qualifies for an automatic federal extension for a period other than six-months for filing the taxpayer's federal income tax return shall automatically receive an extension for the filing of a municipal income tax return. The extended due date of the municipal income tax return shall be the same as that of the extended federal income tax return.
      (2)   A taxpayer that has not requested or received a six-month extension for filing the taxpayer's federal income tax return may submit a written request that the Administrator grant the taxpayer a six-month extension of the date for filing the taxpayer's municipal income tax return. If the request is received by the Administrator on or before the date the municipality's income tax return is due, the Tax Administrator shall grant the taxpayer's requested extension.
   (c)   A taxpayer that has not requested or received a six-month extension for filing the taxpayer's federal income tax return may request that the tax administrator grant the taxpayer a six-month extension of the date for filing the taxpayer's municipal income tax return. If the request is received by the tax administrator on or before the date the municipal income tax return is due, the tax administrator shall grant the taxpayer's requested extension.
   (d)   An extension of time to file under this chapter is not an extension of the time to pay any tax due.
   (e)   (1)   If a taxpayer receives an extension for the filing of the municipal tax return under division (b) or (f) of this section or under Section 128.091(g)(2), the Administrator shall not make an inquiry or send any notice to the taxpayer with regard to the return on or before the date the taxpayer files the return or on or before the extended due date to file the return, whichever occurs first.
      (2)   If the Administrator violates division (e) of this section, the municipality shall reimburse the taxpayer for any reasonable costs incurred to respond to such inquiry or notice, up to one hundred fifty dollars ($150.00).
      (3)   Division (e) of this section does not apply to an extension received under division (b) of this section if the Administrator has actual knowledge that the taxpayer failed to file for a federal extension as required to receive the extension under division (b)(1) of this section or failed to file for an extension under division (b)(2) of this section.
   (f)   If the State Tax Commissioner extends for all taxpayers the date for filing state income tax returns under division (G) of section 5747.08 of the Ohio Revised Code, a taxpayer shall automatically receive an extension for the filing of a municipal income tax return. The extended due date of the municipal income tax return shall be the same as the extended due date of the state income tax return.
(Ord. 36-2023. Passed 12-18-23.)
128.095 AMENDED RETURNS.
   (a)   (1)   A taxpayer shall file an amended return with the Tax Administrator in such form as the Tax Administrator requires if any of the facts, figures, computations, or attachments required in the taxpayer's annual return to determine the tax due levied by the Municipality in accordance with this chapter must be altered.
      (2)   Within sixty days after the final determination of any federal or state tax liability affecting the taxpayer's municipal tax liability, that taxpayer shall make and file an amended municipal return showing income subject to the municipal income tax based upon such final determination of federal or state tax liability, and pay any additional municipal income tax shown due thereon or make a claim for refund of any overpayment, unless the tax or overpayment is ten dollars or less.
      (3)   If a taxpayer, who is otherwise permitted to do so under this Chapter or under Chapter 718 of the Ohio Revised Code, intends to file an amended consolidated municipal income tax return, or to amend its type of return from a separate return to a consolidated return, based on the taxpayer's consolidated federal income tax return, the taxpayer shall notify the Tax Administrator before filing the amended return.
   (b)   (1)   In the case of an underpayment, the amended return shall be accompanied by payment of any combined additional tax due together with any penalty and interest thereon. If the combined tax shown to be due is ten dollars or less, such amount need not accompany the amended return. Except as provided under division (b)(2) of this section, the amended return shall not reopen those facts, figures, computations, or attachments from a previously filed return that are not affected, either directly or indirectly, by the adjustment to the taxpayer's federal or state income tax return unless the applicable statute of limitations for civil actions or prosecutions under Section 128.19 of this Chapter has not expired for a previously filed return.
      (2)   The additional tax to be paid shall not exceed the amount of tax that would be due if all facts, figures, computations, and attachments were reopened.
   (c)   (1)   In the case of an overpayment, a request for refund may be filed under this division within the period prescribed by division (a)(2) of this section for filing the amended return even if it is filed beyond the period prescribed in that division if it otherwise conforms to the requirements of that division. If the amount of the refund is ten dollars or less, no refund need be paid by the Municipality to the taxpayer. Except as set forth in division (c)(2) of this section, a request filed under this division shall claim refund of overpayments resulting from alterations to only those facts, figures, computations, or attachments required in the taxpayer's annual return that are affected, either directly or indirectly, by the adjustment to the taxpayer's federal or state income tax return unless it is also filed within the time prescribed in Section 128.096 of this Chapter. Except as set forth in division (c)(2) of this section, the request shall not reopen those facts, figures, computations, or attachments that are not affected, either directly or indirectly, by the adjustment to the taxpayer's federal or state income tax return.
      (2)   The amount to be refunded shall not exceed the amount of refund that would be due if all facts, figures, computations, and attachments were reopened. (Ord. 31-2015. Passed 12-21-2015.)
128.096 REFUNDS.
   (a)   Upon receipt of a request for a refund, the Tax Administrator of the Municipality, in accordance with this section, shall refund to employers, agents of employers, other payers, or taxpayers, with respect to any income or withholding tax levied by the Municipality:
      (1)   Overpayments of more than ten dollars;
      (2)   Amounts paid erroneously if the refund requested exceeds ten dollars.
   (b)   (1)   Except as otherwise provided in this chapter, returns setting forth a request for refund shall be filed with the Tax Administrator, within three years after the tax was due or paid, whichever is later. Any documentation that substantiates the taxpayer's claim for a refund must be included with the return filing. Failure to remit all documentation, including schedules, other municipal income tax returns, or other supporting documentation necessary to verify credits, income, losses or other pertinent factors on the return will cause delay in processing, and/or disallowance of undocumented credits or losses.
      (2)   On filing of the refund request, the Tax Administrator shall determine the amount of refund due and certify such amount to the appropriate municipal corporation official for payment. Except as provided in division (b)(3) of this section, the administrator shall issue an assessment to any taxpayer whose request for refund is fully or partially denied. The assessment shall state the amount of the refund that was denied, the reasons for the denial, and instructions for appealing the assessment.
      (3)   If the Tax Administrator denies in whole or in part a refund request included within the taxpayer's originally filed annual income tax return, the Tax Administrator shall notify the taxpayer, in writing, of the amount of the refund that was denied, the reasons for the denial, and instructions for requesting an assessment that may be appealed under Section 128.18 of this Chapter.
   (c)   A request for a refund that is received after the last day for filing specified in division (b) of this section shall be considered to have been filed in a timely manner if any of the following situations exist:
      (1)   The request is delivered by the postal service, and the earliest postal service postmark on the cover in which the request is enclosed is not later than the last day for filing the request.
      (2)   The request is delivered by the postal service, the only post-mark on the cover in which the request is enclosed was affixed by a private postal meter, the date of that postmark is not later than the last day for filing the request, and the request is received within seven days of such last day.
      (3)   The request is delivered by the postal service, no postmark date was affixed to the cover in which the request is enclosed or the date of the postmark so affixed is not legible, and the request is received within seven days of the last day for making the request.
   (d)   Interest shall be allowed and paid on any overpayment by a taxpayer of any municipal income tax obligation from the date of the overpayment until the date of the refund of the overpayment, except that if any overpayment is refunded within ninety days after the final filing date of the annual return or ninety days after the completed return is filed, whichever is later, no interest shall be allowed on the refund. For the purpose of computing the payment of interest on amounts overpaid, no amount of tax for any taxable year shall be considered to have been paid before the date on which the return on which the tax is reported is due, without regard to any extension of time for filing that return. Interest shall be paid at the interest rate described in division (a)(4) of Section 128.10 of this Chapter.
   (e)   As used in this section, "withholding tax" has the same meaning as in section 128.10 of this Chapter.
(Ord. 31-2015. Passed 12-21-2015.)
128.10 PENALTY, INTEREST, FEES, AND CHARGES.
   (a)   As used in this section:
      (1)   "Applicable law" means this chapter, the resolutions, ordinances, codes, directives, instructions, and rules adopted by the Municipality provided such resolutions, ordinances, codes, directives, instructions, and rules impose or directly or indirectly address the levy, payment, remittance, or filing requirements of a municipal income tax.
      (2)   "Federal short-term rate" means the rate of the average market yield on outstanding marketable obligations of the United States with remaining periods to maturity of three years or less, as determined under section 1274 of the Internal Revenue Code, for July of the current year.
      (3)   "Income tax," "estimated income tax," and "withholding tax" mean any income tax, estimated income tax, and withholding tax imposed by a municipal corporation pursuant to applicable law, including at any time before January 1, 2016.
      (4)   "Interest rate as described in division (a) of this section" means the federal short-term rate, rounded to the nearest whole number per cent, plus five per cent. The rate shall apply for the calendar year next following the July of the year in which the federal short-term rate is determined in accordance with division (a)(2) of this section.
      (5)   "Return" includes any tax return, report, reconciliation, schedule, and other document required to be filed with a Tax Administrator or municipal corporation by a taxpayer, employer, any agent of the employer, or any other payer pursuant to applicable law, including at any time before January 1, 2016.
      (6)   "Unpaid estimated income tax" means estimated income tax due but not paid by the date the tax is required to be paid under applicable law.
      (7)   "Unpaid income tax" means income tax due but not paid by the date the income tax is required to be paid under applicable law.
      (8)   "Unpaid withholding tax" means withholding tax due but not paid by the date the withholding tax is required to be paid under applicable law.
      (9)   "Withholding tax" includes amounts an employer, any agent of an employer, or any other payer did not withhold in whole or in part from an employee's qualifying wages, but that, under applicable law, the employer, agent, or other payer is required to withhold from an employee's qualifying wages.
   (b)    (1)   This section shall apply to the following:
         (A)   Any return required to be filed under applicable law for taxable years beginning on or after January 1, 2016;
         (B)   Income tax, estimated income tax, and withholding tax required to be paid or remitted to the Municipality on or after January 1, 2016 for taxable years beginning on or after January 1, 2016.
      (2)   This section does not apply to returns required to be filed or payments required to be made before January 1, 2016, regardless of the filing or payment date. Returns required to be filed or payments required to be made before January 1, 2016, but filed or paid after that date shall be subject to the ordinances or rules, as adopted from time to time before January 1, 2016 of this Municipality.
   (c)   The Municipality shall impose on a taxpayer, employer, agent of the employer, and any other payer, and will attempt to collect, the interest amounts and penalties prescribed in this section when the taxpayer, employer, any agent of the employer, or any other payer for any reason fails, in whole or in part, to make to the Municipality timely and full payment or remittance of income tax, estimated income tax, or withholding tax or to file timely with the Municipality any return required to be filed.
      (1)   Interest shall be imposed at the rate defined as "interest rate as described in division (a) of this section", per annum, on all unpaid income tax, unpaid estimated income tax, and unpaid withholding tax. This imposition of interest shall be assessed per month, or fraction of a month.
      (2)   With respect to unpaid income tax and unpaid estimated income tax, a penalty equal to fifteen percent of the amount not timely paid shall be imposed.
      (3)   With respect to any unpaid withholding tax, a penalty equal to fifty percent of the amount not timely paid shall be imposed.
      (4)   With respect to returns other than estimated income tax returns, the municipality shall impose a monthly penalty of twenty-five dollars for each failure to timely file each return, regardless of the liability shown thereon, except that the municipality shall abate or refund the penalty assessed on a taxpayer's first failure to timely file a return after the taxpayer files the return.
   (d)   With respect to income taxes, estimated income taxes, withholding taxes, and returns, the Municipality shall not refund or credit any penalty, amount of interest, charges, or additional fees that were properly imposed or collected before January 1, 2016.
   (e)   The Tax Administrator may, in the Tax Administrator's sole discretion, abate or partially abate penalties or interest imposed under this section when the Tax Administrator deems such abatement or partial abatement to be appropriate. Such abatement or partial abatement shall be properly documented and maintained on the record of the taxpayer who received benefit of such abatement or partial abatement.
   (f)   The Municipality shall impose on the taxpayer, employer, any agent of the employer, or any other payer the Municipality's post judgment collection costs and fees, including attorney's fees.
(Ord. 31-2015. Passed 12-21-2015; Ord. 36-2023. Passed 12-18-23.)
128.11 AUDIT.
   (a)   At or before the commencement of an audit, as defined in Section 128.03(c) of this Chapter, the Tax Administrator shall provide to the taxpayer a written description of the roles of the Tax Administrator and of the taxpayer during an audit and a statement of the taxpayer's rights, including any right to obtain a refund of an overpayment of tax. At or before the commencement of an audit, the Tax Administrator shall inform the taxpayer when the audit is considered to have commenced.
   (b)   Except in cases involving suspected criminal activity, the Tax Administrator is required to conduct an audit of a taxpayer during regular business hours and after providing reasonable notice to the taxpayer. A taxpayer who is unable to comply with a proposed time for an audit on the grounds that the proposed time would cause inconvenience or hardship must offer reasonable alternative dates for the audit.
   (c)   At all stages of an audit by the Tax Administrator, a taxpayer is entitled to be assisted or represented by an attorney, accountant, bookkeeper, or other tax practitioner. The Tax Administrator shall prescribe a form by which a taxpayer may designate such a person to assist or represent the taxpayer in the conduct of any proceedings resulting from actions by the Tax Administrator. If a taxpayer has not submitted such a form, the Tax Administrator may accept other evidence, as the Tax Administrator considers appropriate, that a person is the authorized representative of a taxpayer.
   A taxpayer may refuse to answer any questions asked by the person conducting an audit until the taxpayer has an opportunity to consult with the taxpayer's attorney, accountant, bookkeeper, or other tax practitioner. This division does not authorize the practice of law by a person who is not an attorney.
   (d)   A taxpayer may record, electronically or otherwise, the audit examination.
   (e)   The failure of the Tax Administrator to comply with a provision of this section shall neither excuse a taxpayer from payment of any taxes owed by the taxpayer nor cure any procedural defect in a taxpayer's case. (Ord. 31-2015. Passed 12-21-2015.)
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