(a) Payment of Tax on Filing of Return.
(1) The taxpayer making a return shall, at the time of filing thereof, pay to the Administration the amount of taxes shown as due thereon; provided, however, that where any portion of the tax shall have been deducted at the source pursuant to the provisions of subsection (b) hereof, or where any portion of such tax have been paid by the taxpayer pursuant to the provisions of subsection (c) hereof, or whether an income tax has been paid to another municipality, credit for the amount so paid in accordance with Section 181.11 hereof, shall be deducted from the amount to be due and only the balance, if any, shall be due and payable at the time of filing such return.
(2) A taxpayer who has overpaid the amount of the tax to which the Village is entitled under the provisions of this chapter may have such overpayment applied against any subsequent liability hereunder or, at his election, indicated on the return, such overpayment (or part thereof) shall be refunded, provided that no additional taxes or refunds of less than one dollar ($1.00) shall be collected or refunded.
(b) Collection at Source.
(1) In accordance with rules and regulations prescribed by the Administrator, each employer within or doing business within the Village of Linndale shall deduct at the time of the payment of such wages, salaries, commission or other compensations the tax of two percent (2%) per annum of the gross salaries due by the wages, salaries, commission or other compensation due by the said employer to said employee and shall, on or before the last day of the month following the close of each calendar quarter make a return and pay the amount of taxes so deducted, subject to the provisions of Subsections (b), (3), (4) and (5) hereof, Said returns shall be on a form or forms prescribed by or acceptable to the Administrator and shall be subject to the rules or regulations prescribed therefore 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 in fact have been withheld.
(2) Such employer in collecting the tax shall be deemed to hold the same, until payment is made by such employer to the Village, as a Trustee for the benefit of the Village and any such tax collected by such employer, shall, until the same is paid to the Village be deemed a trust fund in the hands of such employer.
(3) Such employer who deducts the tax in an amount of hundred dollars ($100,000) or more in the first or second month of a calendar quarter shall, on or before the twentieth day of the following month, pay to the Administrator the amount of taxes so
(4) Such employer who makes such payment on a monthly basis for the first two months of a calendar quarter shall pay such tax deducted for the third month of a calendar quarter at the regular time for filing the employer’s quarterly return of income tax withheld.
(5) Such payment shall be on a form or forms furnished by or obtainable from the Administrator upon request, setting forth the amount of tax deducted for the Month. A receipted copy of such form shall be returned to the employer to be attached to and filed with the employer’s quarterly return of income tax withheld.
(6) No person shall be required to withhold the tax on wages or other compensation paid domestic servants employed by him exclusively in or about such person’s resident, even though such residence is in the Village of Linndale but such employee shall be subject to all the requirements of this chapter.
(c) Declarations of Income Not Collected at Source.
Every person who anticipates any taxable income which is not subject to subsection (b) hereof, or who engages in any business, profession, enterprise or activity subject to the tax imposed by Section 181.03, shall file a declaration setting forth such estimated income for the estimated profit or loss from such business activity together with the estimated tax due thereon, if any; provided, however, if a person’s income is wholly from wages from which the tax will be withheld and remitted to the Village in accordance with subsection (b) hereof, such person need not file a declaration.
(d) Filing of Declaration.
(1) The declaration required by subsection (c) hereof shall be filed on or before April 30, of each year doing the effective period set forth in Section 181.04 or within four months of the date the taxpayer becomes subject to the tax for the first time.
(2) Those taxpayers reporting on a fiscal year basis shall file a declaration within four months after the beginning of each fiscal year period.
(e) Form of Declaration.
(1) The declaration required by subsection (c) hereof shall be filed upon a form furnished by, or obtainable from, the Administrator setting forth, provided however, credit shall be taken for the Village tax to be withheld from any portion of salaries, wages, commissions, lottery winnings, other gambling winnings, and other compensation earned and gross income, income from business, profession, other enterprise or activity, less allowable expenses incurred in the acquisition of such gross income earned during the preceding year and subject to tax. In accordance with the provisions of Section 181.11, hereof, credit may be taken for tax to be paid or to be withheld and remitted to another taxing municipality.
(2) The original declaration (or subsequent amendment thereof) may be increased or decreased on or before any subsequent quarterly payment date as provided for herein.
(f) Payment to Accompany Declaration. Such declaration of estimated tax to be paid to the Village shall be accompanied by a payment of at least one-fourth of the estimated annual tax and at least a similar amount shall be paid on or before the last day of the sixth, ninth, and twelfth months after the beginning of the taxable year. Provided, however, that in case an amended declaration has been filed, the unpaid balance shown thereon shall be paid in equal installments on or before the remaining payment date.
(Ord. 2004-04. Passed 3-2-04.)