191.04 RETURN AND PAYMENT OF TAX.
(a) Each resident of the City, being eighteen years of age or older, shall, on or before April 15, 1989, and on or before April 15 of each year thereafter, make and file an annual return with the Finance Director on a form obtainable from the Director, setting forth the aggregate amount of salary, wages, third party sick pay or other compensation and net profits earned by him during the preceding year or period, whether a tax be due thereon or not, together with W-2, federal schedules and other pertinent information as the Director may require. Provided, however, that when the annual return is made for a fiscal year or other period different from the calendar year, the return shall be made within 105 days from the end of such fiscal year or other period. If such resident is retired and has no earned income, he shall register with the Director as a retired resident; therefore, annual returns shall not be expected. Thereafter, a resident registered as retired shall update his status if he receives taxable income per this chapter.
(b) Each nonresident of the City earning wages, salary, commissions, third party sick pay or other taxable income under Section 191.02 shall file a tax return according to the provisions of subsection (a) hereof disclosing only those moneys earned within the City. However, the return of an employer showing the amount of tax deducted by such employer or employers from the salaries, wages, third party sick pay, commissions or compensation of any employee, and paid by him or them to the Director shall be accepted as the return required of any such employee whose sole income subject to the City income tax herein, is such salaries, wages, third party sick pay, commissions or other compensation.
(c) The returns required by subsections (a) and (b) hereof shall also show the amount of the tax imposed on such earnings and profits. The taxpayer making the return shall, at the time of the filing thereof, pay to the Director the amount of taxes shown as due thereon. Provided, however, that where any portion of such tax is by such taxpayer pursuant to the provisions of Section 191.05 and/or Section 191.06, 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 annual return.
(d) Any taxpayer that has requested an extension for filing a federal income tax return may request an extension for the filing of a City income tax return by filing a copy of the taxpayer’s federal extension request with the City Income Tax Division. Any taxpayer not required to file a federal income tax return may request an extension for filing a municipal income tax return in writing. The request for extension must be filed on or before the original due date for the annual return. If the request is granted, the extended due date of the City income tax return 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.
(e) A tax in the amount of three dollars ($3.00) or less shall not be collected or refunded, provided that this subsection is not applicable to taxes collected at the source under the provisions of Section 191.05, and provided further that nothing in the subsection dispenses with any requirement of this chapter relating to the filing of declarations, returns and questionnaires.
(f) Commencing with taxable years beginning subsequent to December 31, 1994 the net loss from an unincorporated business activity may not be used to offset salaries, wages, commissions or other compensation. However, if a taxpayer is engaged in two or more taxable business activities to be included in the same return, the net loss of one unincorporated business activity (except any portion of a loss separately reportable for municipal tax purposes to another taxing entity) may be used to offset the profits of another for purposes of arriving at overall net profits.
(g) If a net operating loss has been sustained in any taxable year such losses may not be carried forward or backward to any other taxable year.
(h) Affiliated corporations may not deduct a loss from any other corporation having a taxable profit and operations of any affiliated corporation having a loss may not be taken into consideration in computing net profits or business allocation percentage formula.
Within thirty days of receiving a tax refund from another municipality for which credit has been claimed on a taxpayer's City return, as permitted by Section 191.07 such taxpayer shall make and file an amended City return and pay any additional tax shown thereon.
(Ord. 04-253. Passed 12-21-04.)