§ 38.07  COLLECTION AT SOURCE.
   (A)   In accordance with rules and regulations prescribed by the administrator, each employer within or doing business within this municipality shall deduct at the time of the payment of such salary, wage, commission, or other compensation, the tax of l% of the gross salaries, wages, commissions, or other compensation due by the employer to the employee or the tips or gratuities reported to employer by each employee for social security or federal income tax purposes 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.  The 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.
   (B)   Each employer in collecting the tax shall be deemed to hold the same, until payment is made by such employer to this municipality, as a trustee for the benefit of this municipality and any such tax collected by such employer from his employees, shall, until the same is paid to this municipality, be deemed a trust fund in the hands of such employer.
   (C)   On or before February 15 of each year beginning with the year 1978, each employer shall file a withholding return setting forth the names and addresses of all employees from whose compensation the tax was withheld during the preceding calendar year and the amount of tax withheld from his employees and such other information as may be required by the administrator.  All payments not subject to withholding shall be reported on a form required by the administrator. 
(Ord. 1202, passed 8-15-77)  Penalty, see § 38.99