(A) Date requirement for filing.
(1) On or before April 15 of the year following the effective date of the Ordinance and each year thereafter, every person or taxpayer subject to the provisions of Section 3, paragraphs A to G, inclusive, of the Ordinance shall, except as hereinafter provided, make and file with the Administrator, a return on a form prescribed by and obtainable upon request from the Administrator, whether or not a tax be due.
(2) However, when the final return is made for a fiscal year or other period different from the calendar year, the return shall be made within 105 days.
(3) Every person subject to the provisions of Section 3 of the Ordinance shall, except as hereinafter provided, file a return setting forth the aggregate amount of salaries, wages, commissions and other personal service compensation, net profits from business or their activities, including the rental from use of real and personal property, and other taxable income under the Ordinance, received for the period covered by the return and such other pertinent facts and information in detail as the Administrator may require.
(4) Where a nonresident employee's entire earnings for the tax period are paid by an employer or employers, and the 1% tax thereon has in each instance been withheld and deducted by the employer or employers from the gross amount of the entire earnings of such employee-taxpayer, and where the employer of such employee has filed a return or returns in which such employee's entire and only earnings are reported to the Administrator, and where such employee has no village taxable income other than such earnings and the tax so withheld has been paid to the Administrator, the Administrator is hereby authorized to accept such report or returns provided by the employer, unless otherwise specified, as the return required of any such employee.
(5) An employee who itemizes his deductions on Schedule A for federal income tax purposes and who claims business and professional expenses on Form 2106 or 2106-EZ that have not been reimbursed by his employer is permitted to deduct such expenses without regard to the limitation specified under provisions of Internal Revenue Code section 67. Only those expenses which are incurred to produce income that is subject to the tax imposed by this subchapter shall be deductible. In the case of a duly ordained, commissioned, licensed, or designated minister, only expenses that are incurred to earn wages, income, or parsonage allowances that are subject to the tax imposed by this subchapter are deductible. The employee must file a return to claim the expenses and provide supporting documentation as requested by the Administrator or his duly authorized agent.
(6) Any taxpayer who received taxable income not subject to withholding under the Ordinance must file a return.
(7) Any taxpayer having income, wages, or other compensation for which a return must be filed, and also having net profits from a business covering the same or a different period, is required to file only one return.
(8) Trustees of active trusts are required to file returns and pay the tax on the taxable income thereof.
(B) Information required and reconciliation with federal returns.
(1) In returns filed hereunder, there shall be set forth the aggregate amount of salaries, wages, bonuses, incentive payments, commissions, fees and other compensation (less reasonable allowable expenses incurred) subject to the tax earned from each employer, taxable net profits and other pertinent information as the Administrator may require.
(2) All individuals, businesses, employers, brokers or others doing business who engage persons, either on a commissions basis or as independent contractors, and are required to file a Federal Form 1099 shall file with the village a copy thereof on or before the 28th day of February following any calendar year in which deductions are taken.
(3) Where figures of total income, total deductions, and net profits are included, as shown by a federal return, any items of income as are not subject to the village’s tax and unallowable expenses shall be eliminated in determining net income subject to the village's tax. In the absence of records showing the actual unallowable expenses, such expenses shall be determined in accordance with § 171.052(A)(6)(c)7. of these regulations. The fact that any taxpayer is not required to file a federal or state tax return does not relieve him from filing the village’s return.
(4) If a change in federal income tax liability, made by the Federal Internal Revenue Service, or by a judicial decision, results in an additional amount of tax payable to the village, a report of such change shall be filed by the taxpayer within three months after receipt of the final notice from the Federal Internal Revenue Service or final court decision. See § 171.060(B)(1) and (B)(2).
(5) If a change in federal income tax liability results in a reduction of taxes owed and paid to the village a claim for refund shall be filed with the Administrator as prescribed in Section 11 of the Ordinance and §171.060(C).
(C) Extensions.
(1) Upon written request of the taxpayer, or upon receipt of a copy of the Federal Internal Revenue Service extension request, made on or before the date for filing the return, and for good cause shown, the Administrator will extend the time for filing such return for a period not to exceed six months, or to one month beyond any extension requested of or granted by the Federal Internal Revenue Service. The extension granted will not extend the time for payment of tax due.
(2) Information returns, schedules and statements needed to support tax returns are to be filed within the time limits set forth for filing the tax returns.
(D) Payment with return.
(1) The taxpayer making a return shall, at the time of the filing thereof, pay to the Administrator the amount of taxes shown to be due thereon; provided, however, that where any portion of the tax so due shall have been deducted at the source pursuant to the provisions of Section 6 of the Ordinance, or where any portion of said tax shall have been paid by the taxpayer pursuant to the provisions of Section 7 of the Ordinance, or where an income tax has been paid to another municipality, credit for the amount paid in accordance with Section 16, thereof, 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 of said return.
(2) A taxpayer who has overpaid the amount of tax to which the village is entitled under the provisions of the Ordinance may have such overpayment applied against any subsequent liability hereunder, or at his election indicate on the return, such overpayment (or part thereof) shall be refunded, provided that no additional taxes or refunds of less than $10 shall be collected or refunded.
(E) Amended returns.
(1) Where necessary an amended return must be filed in order to report additional income and pay and additional tax due, or claim a refund of tax overpaid, subject to the requirements and/or limitations contained in Sections 11 and Section 99. Such amended return shall be on a form obtainable on request from the Administrator. A taxpayer may not change the method of accounting 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 village tax liability, such taxpayer shall make and file an amended village return showing income subject to the village's tax based on such final determination of federal tax liability and pay any additional tax shown due thereon or make claim for refund of any overpayment.
(Ord. O-2015-28, passed 11-23-2015; Am. Ord. passed 9-9-2019)