(a) Any information gained as a result of returns, investigations, hearings, or verifications required or authorized by Sections 880.21 to 880.36 is confidential, and no person shall disclose such information, except for official purposes, in accordance with a proper judicial order, or as provided in R.C. § 4123.271 or 5703.21. The Tax Commissioner may furnish the Internal Revenue Service with copies of returns filed. This section does not prohibit the publication of statistics in a form which does not disclose information with respect to particular taxpayers.
(b) In May and November of each year, the Tax Commissioner shall provide the City of Lima Tax Administrator with the following information for every taxpayer that filed tax returns with the Commissioner under Sections 880.21 to 880.36 and that had municipal taxable income apportionable to the City of Lima under this chapter for any prior year:
(1) The taxpayer's name, address, and Federal employer identification number;
(2) The taxpayer's apportionment ratio for, and amount of municipal taxable income apportionable to, the City of Lima pursuant to Section 880.23;
(3) The amount of any pre-2017 net operating loss carryforward utilized by the taxpayer;
(4) Whether the taxpayer requested that any overpayment be carried forward to a future taxable year;
(5) The amount of any credit claimed under R.C. § 718.94.
(c) Not later than thirty days after each distribution made to municipal corporations under R.C. § 718.83, the Tax Commissioner shall provide to the City of Lima a report stating the name and Federal identification number of every taxpayer that made estimated payments that are attributable to the City of Lima and the amount of each such taxpayer's estimated payment.
(d) The information described under divisions (b) and (c) of this section shall be provided to the individual or individuals designated by the City of Lima Tax Administrator under R.C. § 718.83(D).
(e) (1) The City of Lima expects that the Tax Commissioner will, pursuant to R.C. §718.84(E), provide tax returns and other information it receives in the performance of its administration of the municipal net profits tax for taxpayers making the election provided in Section 880.21. The Tax Administrator shall review these returns and information, as well as the information received pursuant to divisions (b) and (c) of this section, and has discretion to refer any taxpayer for audit by the Tax Commissioner. Such referral shall be made on a form prescribed by the Commissioner and shall include any information that forms the basis for the referral.
(2) If the Tax Commissioner declines to audit a taxpayer referred by the Tax Administrator under this section, the City of Lima reserves its right to pursue any and all remedies, whether at law or in equity, to ensure that the correct tax liability has been calculated and paid by the taxpayer.
(Ord. 046-18. Passed 2-26-18.)