(a) Residents. When a resident of the City is subject to and has paid, or has acknowledged liability for, a municipal income tax in another municipality in the State of Ohio on the same income taxable under this Chapter, and such municipality does not allow a credit to its nonresidents, the City resident may claim a credit against City income tax owed on such income in an amount equal to the lesser of: (i) one hundred percent (100%) of the amount of the tax imposed by this Chapter; or (ii) the amount of tax paid or payable by the City resident on such income to such other municipality. In no case shall the credit authorized by this subsection (a) exceed the City income tax imposed on the taxable income that is also subject to tax in another municipality in the State of Ohio.
(b) A resident owner of a pass-through entity that does not conduct business in the City and that has paid, or has acknowledged liability for, an income tax in another municipality may claim a credit equal to the lesser of the following amounts:
(1) The resident owner’s proportionate share of the amount, if any, of income tax paid by the pass-through entity to another municipal corporation in the State of Ohio; or
(2) The resident owner’s proportionate share of the amount of tax that would be imposed on the pass-through entity by the City if the pass-through entity conducted business in the City.
In no case shall the credit authorized by this subsection (b) exceed the City income tax imposed on the taxable income that is also subject to tax in another municipality in the State of Ohio.
(c) Credits. Where applicable, the credits provided by Ohio R.C. 718.021 and 718.121, including any amendments or successor provisions thereto, shall be available to residents.
(d) Nonresidents. Except as provided in Ohio R.C. 718.021 and 718.121, including any amendments or successor provisions thereto, when a nonresident is subject to the tax imposed by this Chapter and is also subject to tax on the same income in the municipal corporation in which the nonresident resides, such nonresident shall not be allowed any credit against or claim of refund for City income tax, and the City will not acknowledge or allow any claim for refund of any portion of the City income tax so levied.
(e) The credits provided for in this Section 181.14 will not be allowed unless the same are claimed in a timely return on a form acceptable to, and filed with, the Administrator, and such evidence that the Administrator may require is presented that the payment of tax to such other municipality has been made or is owed. In the event a taxpayer fails, neglects or refuses to file such timely return or form, he or she shall not be entitled to such credit and shall be liable for the full amount of tax assessed by this Chapter, together with such interest and penalties, both civil and criminal, as prescribed in this Chapter.
(f) The credits provided for in this Section 181.14 apply only to individuals and do not apply to corporations or pass-through entities.
(Ord. 147(04-05). Passed 2-17-05.)