(a) Each taxpayer, including each resident individual sixteen 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 final return on or before April 15, 1960, and on or before April 15 of each year thereafter, or on or before the federal filing date if it is other than April 15th, with the Finance Director on a form or forms furnished by or obtainable upon request from the Finance Director, or on an acceptable generic form as defined in this Chapter, setting forth:
(1) The aggregate amounts of income, salaries, wages, commissions and other compensation earned and/or received by him, and/or gross income from such business less allowable expenses incurred in the acquisition of such gross income earned during the preceding year and subject to the tax;
(2) The amount of the tax imposed by this chapter on such earnings and profits; and
(3) Such other pertinent statements, information returns or other information as the Finance Director may require, including a statement that the figures used in the return are the figures used in the return for Federal income tax adjusted to set forth only such income as is taxable under the provisions of this chapter, and 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.
(b) When the return is made for a fiscal year or other period different from the calendar year, the return shall be filed on or before the 15th day of the fourth month from the end of such fiscal year or other period, or on or before the federal filing date if it is other than the 15th day of the fourth month from the end of such fiscal year or period.
(c) For tax years prior to 2004, the Finance Director may extend the time for filing of the annual return upon the request of the taxpayer for a period of not to exceed six months, or thirty days beyond any extension requested of or granted by the Internal Revenue Service for the filing of the Federal income tax return. For taxable years 2004 and later, the extended due date for individuals shall be the last day of the month following the month to which the federal income tax due date has been extended. For businesses, if the extension is filed through the Ohio Business Gateway 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 not filed through the Ohio Business gateway 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. The Tax Commissioner 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. For each year for which an extension is requested a tentative return, accompanied by payment of the amount of tax shown to be due thereon, must be filed by the date the return is normally due. No penalty or interest shall be assessed in those cases in which the return is filed and the final tax paid within the period as extended.
(d) The return shall also show the amount of the tax imposed by this chapter on such earnings and profits. The taxpayer making such return shall, at the time of the filing thereof, pay to the Finance Director, the amount of taxes shown as due thereon; provided, however, that where any portion of the tax so due has been deducted at the source pursuant to the provisions of Section 191.06, or where any portion of such tax has been paid by the taxpayer pursuant to the provisions of Section 191.07, credit for the amount so paid 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 filing the final return. 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 refund of any overpayment.
(e) Reserved.
(f) (1) Any affiliated group which files a consolidated return for federal income tax purposes pursuant to Section 1501 of the Internal Revenue Code may file a consolidated return with the City.
(2) In the case of a corporation that carries on transactions with its stockholders or with other corporations related by stock ownership, interlocking directorates or some other method, or in case any person operates a division, branch, factory, office, laboratory or activity within the City constituting a portion only of its total business, the Finance Director shall require such additional information as may be necessary to ascertain whether net profits allocable to the City are being distorted by the shifting of income, apportionment of expenses or other devices available to a common control. If the Finance Director finds that a person's net profits allocable to the City are distorted by reason of transactions with stockholders or with other corporations related by stock ownership, interlocking directorates or transactions with such division, branch, factory, office, laboratory or activity, or by some other method, he shall adjust such transactions so as to produce a fair and proper allocation of net profits to the City. If necessary, the Finance Director may require the filing of a consolidated return.
(g) A taxpayer who has overpaid the amount of tax to which the City 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.
(h) (1) Where necessary, an amended return shall 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 or limitations, or both, contained in Sections 191.11 through 191.15. Such amended return shall be on a form obtainable on request from the Finance Director. A taxpayer may not change the method of accounting (i.e., cash or accrual) 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 City tax based upon such final determination of Federal tax liability, and pay any additional tax shown due thereon or make claim for refund of any overpayment.
(i) Business Losses.
(1) 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.
(2) Losses from the operation of a business (including rentals) or profession are not deductible from income reported on federal form W-2.
(j) Any business, profession, association or corporation reporting a net loss is subject to the filing requirements of this chapter.
(k) 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.
(l) The failure of any employer, taxpayer or person to receive or procure a return, declaration, or other required form shall not excuse him from filing any information return, tax return, declaration, or other required form, or from paying the tax.
(Ord. 09-10. Passed 4-6-09.)