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It shall be the responsibility of persons who make Federal Form 1099 "non-employee compensation" payment to natural persons other than employees for services performed within the urban county government, to maintain records of such payments and to report such payments to the urban county government. Said payments must be reported on by remitting Federal Form 1099 by February 28 of the year following the close of the calendar year in which the nonemployee compensation was paid. The information required to be reported by said licensee shall include:
(a) Payer's name, address, Social Security and/or federal identification number.
(b) Recipient's name and address.
(c) Recipient's Social Security and/or federal identification number.
(d) Amount of nonemployee compensation paid in the calendar year.
(Ord. No. 267-2007, § 7, 12-6-07)
(a) Each person subject to a license fee imposed by this article shall, on or before the fifteenth day of the fourth month following the closing of each year, make and file with the division of revenue, a return, on a form furnished or obtainable from the division of revenue, setting forth the aggregate amount of salaries, wages, commissions and other compensation or net profits it had during the preceding year, with such other pertinent information as the commissioner of finance may require. The annual returns required by the provisions of this article must be filed regardless of profit or loss for the filing year; however, where the entire license due under this article has been withheld under the provisions hereof, the commissioner of finance may waive the filing of such return by such licensee; further, where the fiscal year of the business, profession or other activity differs from the calendar year and the licensee filed a federal income tax return for such other fiscal period, the license fee shall be measured by the net profits of the fiscal year, and where the return is made for a fiscal year or any other period different from a calendar year, such return shall be made on or before the fifteenth day of the fourth month following the end of such fiscal year or other period. Such return shall also show the amount of the license fee imposed by this article.
(b) The person making the return shall, at the time of the filing thereof, pay to the division of revenue the amount of license fees shown as due thereon, if any; however, where any portion of the license fee so due shall have been deducted at the source, credit for such amount 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 the filing of such return, as hereinabove provided.
(c) Every business entity, other than a sole proprietorship, subject to taxation under this ordinance, shall make quarterly estimated tax payments on or before the fifteenth day of the fourth, sixth, ninth, and twelfth month of each taxable year if the tax liability for the taxable year exceeds five thousand dollars ($5,000.00).
(d) The quarterly estimated tax payments required under subsection (c) of this section shall be based on the lesser of:
(1) Twenty-two and one-half (22.5) percent of the current taxable year tax liability;
(2) Twenty-five (25) percent of the preceding full year taxable year tax liability; or
(3) Twenty-five (25) percent of the average tax liability for the three (3) preceding full year taxable years' tax liabilities if the tax liability for any of the three (3) preceding full taxable years exceeded twenty thousand dollars ($20,000.00).
(e) Any business entity that fails to submit the minimum quarterly payment required under subsection (d) of this section by the due date for the quarterly payment shall pay an amount equal to twelve (12) percent per annum simple interest on the amount of the quarterly payment required under subsection (d) of this section from the earlier of:
(1) The due date for the quarterly payment until the time when the aggregate quarterly payments submitted for the taxable year equal the minimum aggregate payments due under subsection (d) of this section; or
(2) The due date of the annual return.
(3) A fraction of a month is counted as an entire month.
(f) The provisions of this section shall not apply to any business entity's first full or partial taxable year of doing business in the urban county government or any first taxable year in which a business entity's tax liability exceeds five thousand dollars ($5,000.00).
(g) At the election of the business entity, any installment of the estimated tax may be paid prior to the date prescribed for its payment.
(Ord. No. 177-89, § 1, 9-7-89; Ord. No. 147-90, § 1, 7-5-90; Ord. No. 111-2000, § 1, 4-20-00; Ord. No. 267-2007, § 8, 12-6-07)
(a) The urban county government may grant any business entity an extension of not more than six (6) months, unless a longer extension has been granted by the Internal Revenue Service or is agreed to by the urban county government and the business entity, for filing its return, if the business entity, on or before the date prescribed for payment of the occupational license tax, requests the extension and pays the amount properly estimated as its tax.
(b) If the time for filing a return is extended, the business shall pay, as part of the tax, an amount equal to twelve (12) percent per annum simple interest on the tax shown due on the return, but not been previously paid, from the time the tax was due until the return is actually filed and the tax paid to the urban county government. A fraction of a month is counted as an entire month.
(Ord. No. 267-2007, § 9, 12-6-07)
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