(a) (1) For each taxable year, every taxpayer shall file an annual return. Such return, along with the amount of tax shown to be due on the return less the amount paid for the taxable year under Section 891.65, shall be submitted to the Tax Commissioner, on a form and in the manner prescribed by the Tax Commissioner, on or before the fifteenth day of the fourth month following the end of the taxpayer's taxable year.
(3) The remittance shall be made payable to the Treasurer of State and in the form prescribed by the Tax Commissioner. If the amount payable with the tax return is ten dollars ($10.00) or less, no remittance is required.
(b) The Tax Commissioner shall immediately forward to the Treasurer of State all amounts the Tax Commissioner received pursuant to R.C. §§ 718.80 to 718.95. The Treasurer shall credit ninety-nine and one-half percent of such amounts to the Municipal Income Tax Fund and the remainder to the Municipal Income Tax Administrative Fund established under R.C. § 5745.03.
(c) (1) Each return required to be filed under this section shall contain the signature of the taxpayer or the taxpayer's duly authorized agent and of the person who prepared the return for the taxpayer, and shall include the taxpayer's identification number. Each return shall be verified by a declaration under penalty of perjury.
B. A taxpayer that files an annual tax return electronically through the Ohio Business Gateway or in another manner as prescribed by the Tax Commissioner shall either submit the documents required under this division electronically as prescribed at the time of filing or, if electronic submission is not available, mail the documents to the Tax Commissioner. The Department of Taxation shall publish a method of electronically submitting the documents required under this division on or before January 1, 2019.
(3) After a taxpayer files a tax return, the Tax Commissioner may request, and the taxpayer shall provide, any information, statements, or documents required to determine and verify the taxpayer's municipal income tax.
(d) (1) A. Any taxpayer that has duly requested an automatic extension for filing the taxpayer's federal income tax return shall automatically receive an extension for the filing of a tax return with the Tax Commissioner under this section. The extended due date of the return shall be the fifteenth day of the tenth month after the last day of the taxable year to which the return relates.
B. A taxpayer that has not requested or received a six month extension for filing the taxpayer's federal income tax return may request that the Tax Commissioner grant the taxpayer a six month extension of the date for filing the taxpayer's municipal income tax return. If the Tax Commissioner receives the request on or before the date the municipal income tax return is due, the Tax Commissioner shall grant the taxpayer's extension request.
C. An extension of time to file under division (d)(1) of this section is not an extension of the time to pay any tax due unless the Tax Commissioner grants an extension of that date.
(2) If the Tax Commissioner considers it necessary in order to ensure payment of a tax imposed in accordance with Section 891.03, the Tax Commissioner may require taxpayers to file returns and make payments otherwise than as provided in this section, including taxpayers not otherwise required to file annual returns.
(e) Each return required to be filed in accordance with this section shall include a box that the taxpayer may check to authorize another person, including a tax return preparer who prepared the return, to communicate with the Tax Commissioner about matters pertaining to the return. The return or instructions accompanying the return shall indicate that by checking the box the taxpayer authorizes the Tax Commissioner to contact the preparer or other person concerning questions that arise during the examination or other review of the return and authorizes the preparer or other person only to provide the Tax Commissioner with information that is missing from the return, to contact the Tax Commissioner for information about the examination or other review of the return or the status of the taxpayer's refund or payments, and to respond to notices about mathematical errors, offsets, or return preparation that the taxpayer has received from the Tax Commissioner and has shown to the preparer or other person.
(f) When income tax returns or other documents require the signature of a tax return preparer, the Tax Commissioner shall accept a facsimile or electronic version of such a signature in lieu of a manual signature.
Note: Pursuant to Section 5 of Ord. No. 2018- "if any provision of the H.B. 49 municipal income tax provisions is found unconstitutional, or the effectiveness of any provision of
H.B. 49 is stayed or enjoined, that the provisions adopted in Section 891.57 shall likewise be stayed or ineffective."
(Ord. 2018-O-39. Passed 11-13-18.)