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(A) Designating fiscal year. Where the fiscal year of the business, profession, or other activity differs from the calendar year (and licensee files state income tax return for such other fiscal period), the license fee shall be measured by the net profits of that fiscal year.
(B) Return due date. Where the return is made for a fiscal year or any other period different from the calendar year, the return shall be made on or before the fifteenth day of the fourth month following the end of this fiscal year or other period. The license return shall also show the amount of license fee imposed by this chapter. The first return shall show only compensation and net profits earned to the close of the calendar or fiscal period.
(C) Deduction of license fee. At the time of filing, the person making the return shall pay to the city the amount of license fees shown as due. Where any portion of the license fee has been paid, credit for the amount 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 the filing of the return. Credit balance due to the deduction of initial license fee is not refundable, nor can it be used for any subsequent year.
(D) Filing extensions.
(1) The Finance Officer shall have the authority to extend the time of filing the net profits license fee return. The extension shall be upon the written request of the licensee and shall be received by the Finance Officer prior to the due date of the net profit license fee return.
(2) When applying for an extension, a written request shall be accompanied by a copy of the appropriate state and/or federal applications for extension. Regardless of the number of extensions approved, all license fees remaining unpaid after they have become due shall bear interest at the rate of 18% per annum until paid.
(Ord. 01-07, passed 1-31-2007) Penalty, see § 110.99
(A) Conflicts with former ordinances. Any licensee under former ordinances who, because of the enactment of this chapter, is, or will be, prevented from the use of the license for the term for which it was issued may apply in writing for credit for that portion of the annual license fees to be paid which is applicable proportionately to the unexpired portion of the license fee. He or she may then credit the amount of money representative to the unexpired portion of the license fee to any fees due under this section.
(B) Requirement to pay fee. Nothing in this section is intended to relieve any licensee of any fee, or portion of a fee, which he or she may have accrued under existing ordinances prior to their repeal. Nothing contained in this chapter applies to or affects any franchise, permit, or contract which has been granted by the city for a period of longer than one year.
(Ord. 01-07, passed 1-31-2007) Penalty, see § 110.99
(A) Old age or retirement payment. Periodic payments, commonly recognized as old age or retirement pensions, made to persons retired from service after reaching a specified age or a stated period of employment are not subject to the license fee.
(B) Disability and unemployment.
(1) Disability, sickness, and accident benefits and unemployment compensation, and other insurance payments received for personal injuries or property losses, are not subject to the license fee.
(2) Payments by an employer to employees under disability, sickness, and accident benefit plans are not subject to the license fee. Payments received for personal injuries and property losses are not subject to the license fee.
(3) Unemployment compensation payments by the commonwealth, or any other agent, are not subject to the license fee.
(C) Death benefits. Death benefits payable to the beneficiary of an employee or to his or her estate, whether payable in a single sum or otherwise, are not subject to the license fee.
(D) Worker’s compensation benefits. Benefits arising under the Worker’s Compensation Act, being KRS Chapter 342, as compensation for disabilities sustained during the course of employment, together with any amount of damages received by suit or agreement, on account of such liability, are not subject to the license fee.
(E) Employee contributions to § 401(K) plans. Employee contributions to § 401(K) plans which are properly qualified and approved by the United States Internal Revenue Service.
(Ord. 01-07, passed 1-31-2007)
(A) Failure to pay fee. In the event the person, firm, corporation, partnership, or other entity fails or refuses for any reason to pay when due any tax or fee imposed or required by this chapter, the city may, upon application to a court of competent jurisdiction, seek injunctive or other extraordinary relief to require said person, firm, corporation, partnership, or other entity to cease and desist from operating or conducting in any respect the business enterprise within the corporate limits of the city for which the tax or fee is due, until the time as the tax or fee, plus appropriate penalties and interest, has been paid in full.
(B) Liable for court cost. Should the city be required to pursue the extraordinary relief, the person, firm, corporation, partnership, or other entity liable for payment of the tax or fee shall be liable for all court costs incurred by the city and, under appropriate circumstances, reasonable attorney’s fees.
(Ord. 01-07, passed 1-31-2007) Penalty, see § 110.99
(A) Requesting refund. Any person, employer, employee, or licensee who believes that he or she has made or permitted an overpayment of his or her liability for any occupational license fee required by this chapter may apply for refund of the overpayment; provided he or she files an amended return. All individuals shall set forth, in detail, the full explanation of the claimed overpayment of his or her liability within one year of the date the overpayment is made, or the date his or her occupational license fee payment was due, whichever occurs first.
(B) Refund approval. If a refund has been properly claimed, the Finance Officer shall refund the overpayment.
(Ord. 01-07, passed 1-31-2007)
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