(a) Dates and exemptions. Each person regardless of age who is engaged in business, or whose income, salary, wages, commissions or other compensation are subject to the tax imposed by this chapter shall, for years prior to taxable year 2004, whether or not a tax be due thereon, make and file a return with the Tax Commissioner on or before April 30 of each year, and on or before April 15 for taxable years 2004 and later. A taxpayer on a fiscal year accounting basis for federal income tax purposes shall, beginning with his or her first fiscal year, any part of which falls within the effective period of this chapter, file his or her return within 105 days from the end of the fiscal year or period. However, each resident individual of the municipality who has no income subject to the municipality’s income tax shall so indicate this fact on their income tax return, including the reason(s) their income is not taxable and, if authorized by the municipality, shall be relieved of filing future returns unless and until the time the taxpayer receives income taxable to the municipality. The Tax Commissioner is hereby authorized to provide by regulation that the return of an employer or employers, showing the amount of tax deducted by the employer or employers from the income, salaries, wages, commissions or other compensation of an employee, and paid by him, her or them to the Tax Commissioner may be accepted as the return required of any employee whose sole income, subject to tax under this chapter, is the income, salary, wages, commissions or other compensation.
(b) Returns and contents thereof. The return, including, W-2 and 1099 forms, shall be filed with the Tax Commissioner on a form or forms furnished by or obtainable upon request from the Tax Commissioner setting forth:
(1) The aggregate amounts of income, qualifying wages, commissions and other compensation earned, and gross receipts from any business, profession or other activity, less allowable expenses incurred in the acquisition of the gross income, earned during the preceding year and subject to the tax;
(2) The amount of the tax imposed by this chapter on the earnings and profits; and
(3) Other pertinent statements, information returns or other information as the Tax Commissioner 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 applicable federal schedules.
(c) Generic form. The Municipal Income Tax Department shall accept a generic form of its annual income tax return if the generic form once completed and filed contains all of the information required to be submitted with the municipality’s prescribed returns, reports or documents, and if the taxpayer or return preparer filing the generic form otherwise complies with the rules or ordinances of the municipality governing the filing of returns, reports or documents.
(d) Extensions. The Tax Commissioner may extend the time for filing of the annual return upon the request of the taxpayer for a period not to exceed six months, or one month beyond any extension requested of or granted by the Internal Revenue Service for filing of the federal income tax return for taxable years prior to 2004. For taxable year 2004, 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 for taxable years subsequent to 2004 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. The extension request may be made by filing a copy of the taxpayer’s request for a federal filing extension, or by filing a written request. The Tax Commissioner may deny the extension if the taxpayer’s income tax account with the municipality is delinquent in any way. The Tax Commissioner 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 or interest shall be assessed in those cases in which the return is filed and the final tax paid within the period as extended.
(e) Payment with returns.
(1) The taxpayer making a return shall at the time of the filing thereof pay to the Tax Commissioner 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 § 181.06 of this chapter; or where any portion of the tax shall have been paid by the taxpayer, pursuant to the provisions of § 181.07 of this chapter, or where an income tax, creditable against the city tax pursuant to § 181.15 hereof has been paid to another municipality, 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 return.
(2) A taxpayer who has overpaid the amount of tax to which the municipality is entitled under the provisions of this chapter may have the overpayment applied against any subsequent liability hereunder or at his or her election indicated on the return, the overpayment, or part thereof, shall be refunded, provided that no additional taxes or refunds of less than $3 shall be collected or refunded.
(f) Amended returns.
(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 limitations contained in §§ 181.11 and 181.15. The amended returns shall be on a form obtainable on request from the Tax Commissioner. 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, the taxpayer shall make and file an amended the city return, showing income subject to the municipality tax based upon the final determination of federal tax liability, and pay any additional tax shown due thereon, or make claim for refund of any overpayment.
(g) Net loss. Any business, profession, association or corporation reporting a net loss is subject to the filing requirements of this chapter.
(Ord. 2004-154, passed 12-13-2004)