§ 35.42 REFUNDS.

   (A)   Where there has been an overpayment of tax under § 35.39, a refund or credit shall be made to the employer only to the extent that the amount of the overpayment was not deducted and withheld under § 35.39 by the employer.

   (B)   Unless written application for refund or credit is received by the county from the employer within two years from the date the overpayment was made, no refund or credit shall be allowed.

   (C)   An employee who has compensation attributable to activities performed outside the county, based on time spent outside the county, whose employer has withheld and remitted to the county, the occupational license tax on the compensation attributable to activities performed outside the county, may file for a refund within two years of the date prescribed by law for the filing of a return. The employee shall provide a schedule and computation sufficient to verify the refund claim and the county may confirm with the employer the percentage of time spent outside the county and the amount of compensation attributable to activities performed outside the county prior to approval of the refund.

   (D)   In the case where the tax computed under this subchapter is less than the amount, which has been declared and paid as estimated tax for the same taxable year, a refund shall be made upon the filing of a return.

(Ord. 2007-16, passed - -2007)