(a) Each taxpayer or person who engages in business or whose salaries, wages, commissions, and other compensation or income are subject to the tax imposed by this Chapter, except non-residents employed in the Village and subject to the collection at the source provisions of 181.07, shall, on or before April 15, and on or before April 30 of each year thereafter, make and file a final return with the Tax Administrator or a designated collection agency, setting forth:
(1) The aggregate amounts of salaries, wages, commissions and other compensation earned by him, and/or gross income from such business less allowable expenses incurred in the acquisition of such gross income earned during the preceding year and subject to such tax;
(2) The amount of the tax imposed by this chapter on such earnings and profits; and
(3) Such other pertinent statements, information, returns or other information as the Tax Administrator may require, including a statement that the figures used in the return are the figures used in the return for federal income tax adjusted to set forth only such income as is taxable under the provisions of this Chapter or shall be on a generic form.
(Ord. 11-108. Passed 6-2-11.)
(b) When the return is made for a fiscal year or other period different from the calendar year, the return shall be filed on or before the 15th day of the fourth month following the end of such fiscal year or period. Within 120 days from the end of such fiscal year or other period.
(c) (1) Extension of time for filing. The Tax Administrator may extend the time for filing of the annual return upon the request of the taxpayer for a period of not to exceed six months or three months beyond any extension requested of or granted by the Internal Revenue Service for the filing of the federal income tax return. 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.
(2) The filing with the Administrator of a copy of the taxpayer's request for extension of time for filing the federal income tax return or a written request for extension shall constitute a request for extension of time for filing the municipal annual return. The Administrator shall extend the time for filing to the last day of the month following the month to which the due date of the federal return has been extended. The Administrator may deny the extension if the taxpayer's income tax account with the municipality is delinquent in any way.
(d) (1) Payment of tax. The taxpayer making such return shall, at the time of the filing thereof, pay to the Administrator or the designated collection agency, the amount of taxes shown as due thereon, however, where any portion of the tax so due shall have been deducted at the source pursuant to the provisions of Section 181.07 or where any portion of such tax has been paid by the taxpayer pursuant to the provisions of Section 181.08, 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) Within three months from the final determination of any federal tax liability affecting the taxpayer's municipal tax liability, such taxpayer shall make and file an amended municipal return showing the income subject to the municipal tax based upon such final determination of the federal tax liability and pay any additional tax shown due thereon or make claim for refund of any over payment.
A. The claiming of credit on a return or declaration for amounts paid to any other municipality under the provisions of Section 181.15 shall constitute an assignment and transfer to the Municipality of all right, title and interest of the taxpayer claiming such credit in and to any claim for refund of such amounts so paid to the other municipality. In the event a refund is not received by the Municipality in an amount equal to the credit claimed by reason of tax payments made to another municipality and subject to reciprocity, the taxpayer shall be liable to the Municipality for taxes due from the date of the filing of such return upon which credit was claimed of the amount by which the claimed credit exceeds the amount of refund received by the Municipality.
B. Assignment of any claim for refund to which a resident may be entitled from another municipality shall be tentatively accepted as payment of that portion of the municipal income tax represented by such assignment. However, if satisfactory evidence is offered that the taxpayer is entitled to the claim covered by the assignment, such taxpayer shall not be deprived of credit therefor because of fault or neglect on the part of either municipality.
(e) The Administrator is hereby authorized to provide by regulation, subject to the approval of the Board of Review, that the return of an employer or employers, showing the amount of tax deducted by such employer or employers from the salaries, wages, commissions or other compensation of an employee and paid by him or them to the Administrator, shall be accepted as the return required of any employee whose sole income, subject to the tax or taxes under this chapter, is such salary, wages, commissions or other compensation.
Under such regulations as the Administrator may prescribe, subject to the approval of the Board of Review, any taxpayer, in lieu of filing a detailed return as provided herein, may file a sworn statement prescribed by the Administrator, of salaries, wages, commissions or other compensation of qualified wages or of net profits as reported on his federal income tax return for the period involved. Such statement shall also set forth each adjustment made under the terms of any municipal income tax ordinance and the taxpayer filing such sworn statement shall pay the tax hereby levied on the adjusted amount thus reported in the statement.
(f) In the case of a corporation that carries on transactions with its stockholders or with other corporations related by stock ownership, interlocking directorates or some other method or in case any person operates a division, branch, factory, office, laboratory or activity within the Municipality constituting only a portion of its total business, the Administrator shall require such additional information as may be necessary to ascertain whether net profits allocable to the Municipality are being distorted by the shifting of income, apportionment of expenses or other devices available to a common control. If the Administrator finds that a person's net profits allocable to the Municipality are distorted by reason of transactions with stockholders or with other corporations related by stock ownership, interlocking directorates or transactions with such division, branch, factory, office, laboratory or activity or by some other method, he shall adjust such transactions so as to produce a fair and proper allocation of net profits to the Municipality. If necessary, the Administrator may require the filing of a consolidated return.
(1) On or after January 1, 2003, any affiliated group which files a consolidated return for federal income tax purposes pursuant to Section 1501 of the Internal Revenue Code may file a consolidated return with the municipality. However, once the affiliated group has elected to file a consolidated return or a separate return with the Village, the affiliated group may not change their method of filing in any subsequent tax year without written approval from the Administrator.
(g) A taxpayer who has overpaid the amount of tax to which the Municipality is entitled under the provisions of this chapter may have such overpayment applied against any subsequent liability hereunder or, at his election indicated on the return, such overpayment, or part thereof, shall be refunded, provided that no additional taxes or refunds of less than one dollar ($1.00) shall be collected or refunded.
(h) Within three months from the final determination of any federal tax liability affecting taxpayer's municipal tax liability, such taxpayer shall make and file an amended return showing income subject to municipal tax based upon such final determination of federal tax liability and pay any additional tax shown due thereon or make claim for refund of any overpayment.
(i) If any employer who is liable for tax obligations imposed by this chapter undergoes a fundamental change, then the employer and his or her manager shall be liable for taxes due up to the date of the fundamental change. Taxes and final tax returns shall be due immediately after the fundamental change. Any successor employer shall withhold, from any purchase price that the successor owes to the predecessor, an amount sufficient to pay all unpaid taxes, interest and penalties which the predecessor employer owes pursuant to this chapter. The successor employer shall make such withholding until such time that the predecessor employer has paid such taxes, interest and penalties. If the successor fails to withhold such amount, then the successor and, in a personal manner, the successor's manager, shall be jointly and severally liable for the payment of such taxes, interest and penalties. All residents of the Village subject to the tax imposed by Section 181.03 on or before April 3015 of each year following the date of this section shall make and file a return with the Tax Administrator or the designated collection agency as provided in this section. (Ord. 05-114. Passed 5-5-05; Ord. 09-114. Passed 5-7-09.)