(a) Each taxpayer, including each resident individual eighteen years of age or older, or person who engages in business, or whose income, salaries, wages, commissions and other compensation are subject to the tax imposed by this chapter shall, whether or not a tax is due thereon, make and file a return. The return shall be filed on or before April 15 of each year following the effective date of this chapter and, beginning with tax year 2008, on or before the federal filing date if it is other than April 15. When the return is made for a fiscal year or other period different from the calendar year, the return shall be filed within three and one-half months from the end of such fiscal year or period and, beginning with tax year 2008, on or before the federal filing date if it is other than the fifteenth day of the fourth month from the end of such fiscal year or period.
(b) The return shall be filed with the Director on a form or forms furnished by or obtainable upon request from such Director, or on an acceptable generic form as defined in this chapter, setting forth:
(1) The aggregate amounts of income, qualifying wages, commissions and other compensation earned and/or received by him, and/or gross income from a business, profession or other activity, less allowable expenses incurred in the acquisition of such gross income, which income includes only income earned during the year, or portion thereof, covered by the return and subject to the tax imposed by this chapter;
(2) The amount of the tax imposed by this chapter on income reported and any credits to which the taxpayer may be entitled under the provisions of this chapter; and
(3) Such other pertinent statements, information returns or other information as the Director may require, including but not limited to copies of all W-2 forms, 1099 Miscellaneous Income Forms, page one of Form 1040, page one and two of Form 1120, 1120S (including (K-1), 2106, 1065, Schedule C (including cost of goods manufactured and/or sold), Schedule E, Schedule F and any other Federal Schedules, if applicable.
(c) The Director may extend the time for filing of the annual return upon the request of the taxpayer.
(1) In the case of individuals the extended due date shall be the last day of the month following the month to which the due date of the federal income tax return has been extended.
(2) In the case of businesses, the extended due date shall be the last day of the month to which the due date of the federal income tax return has been extended, if the annual return is filed through the Ohio Business Gateway. If not filed through the Ohio Business gateway the extended due date remains the last day of the month following the month to which the due date of the federal income tax return has been extended.
(3) The Director may deny the extension if the taxpayer fails to file the request timely, fails to file a copy of the federal extension request, or if the taxpayer's income tax account with the City is delinquent in any way.
(4) The Director may require a tentative return, accompanied by payment of the amount of tax shown to be due thereon by the date the return is normally due. No penalty shall be assessed in those cases in which the return is filed and the final tax paid within the period as extended, but interest shall be assessed from the original due date of the return.
(d) (1) The taxpayer making a return shall, at the time of filing thereof, pay to the Director the balance of tax due, if any, after deducting the amount of City income tax deducted or withheld at source, pursuant to this chapter, together with such portion of the tax as has been paid on declaration by the taxpayer and any credit allowable under the provisions of this chapter.
(2) Should the return or the records of the Director indicate an overpayment of the tax to which the City is entitled under the provisions of this chapter, such overpayment shall first be applied against any existing liability, and the balance, if any, at the election of the taxpayer communicated to the Director, shall be refunded or transferred against any subsequent liability. However, overpayments or liabilities shall not be paid or collected if less than ten dollars ($10.00).
(e) (1) Where necessary an amended return must be filed in order to report additional income and pay any additional tax due, or claim a refund of tax overpaid, subject to the requirements and/or limitations contained in this chapter. Such amended returns shall be on a form obtainable on request from the Director. A taxpayer may not change the method of accounting (i.e., same as used for the federal return) or apportionment of net profits after the due date for filing the original return.
(2) Within three months from the final determination of any Federal tax liability affecting the taxpayer's City tax liability, such taxpayer shall make and file an amended City return showing income subject to the City tax based upon such final determination of Federal tax liability, and pay any additional tax shown due thereon or make claim for a refund of any overpayment.
(f) Each taxpayer may offset business losses against business net profits from any business conducted in the City or in any municipality that does not levy an income tax on net profits therefrom.
(g) Business losses may not be used as an offset against non-business income.
(h) Any business, profession, association, corporation, or other entity reporting a net loss is subject to the filing requirements of this ordinance.
(i) The officer or employee of such employer having control or supervision or charged with the responsibility of filing the return and making the payment shall be personally liable for failure to file the return or pay the tax, penalties, or interest due as required herein. The dissolution, bankruptcy or reorganization of any such employer does not discharge an officer's or employee's liability for a prior failure of such business to file the return or pay taxes, penalties, or interest due.
(j) The failure of any taxpayer to receive or procure a return, declaration or other required form shall not excuse the taxpayer from filing such forms or from paying the tax due.
(Ord. 184-08. Passed 11-20-08; Ord. 114-15. Passed 3-19-15.)