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The failure of any employer, residing either within or outside the Village to collect the tax and to make any return prescribed herein, shall not relieve the employee from the payment of such tax in compliance with these regulations respecting the making of returns and the payment of taxes. (Ord. 1195-88. Passed 4-11-88.)
(a) Every employer is deemed to be a trustee of the Village in collecting and holding the tax required to be withheld, and the funds so collected by such withholding are deemed to be trust funds.
(b) Every such employer required to deduct and withhold the tax at the source is liable directly to the Village for the payment of such tax, whether actually collected by such employer or not. (Ord. 1195-88. Passed 4-11-88.)
(a) An employee whose entire wages, salaries and other compensation for any taxable year will be subjected to the withholding provisions under Section 183.15 through 183.17 whose tax will accordingly be withheld as to his entire earnings for such year by his employer, and who during such taxable year expects to derive no other compensation, or other income which is subject to tax under this chapter, need not file a declaration as provided in this section.
(b) All other taxpayers (as defined in this chapter) subject to the taxes imposed in Section 181.03, and every taxpayer who anticipates any income or net profits not subject to total withholding as provided in the preceding paragraph, shall file with the Village Tax Administrator a declaration of his estimated tax as follows:
(1) On or before August 31, 1988, every such taxpayer shall file a declaration of his estimated tax for the taxable period beginning July 1, 1988, and ending December 31, 1988.
(2) A similar declaration shall be filed by each such taxpayer on or before the thirtieth day of April of each subsequent year during the life of the chapter, and each such declaration shall contain a statement of the taxpayer's estimated tax for the full taxable year in which such declaration is filed.
(3) Taxpayers who or which are permitted pursuant to the provisions of Section 183.10 to return and pay their tax upon fiscal year basis shall file their first declaration within four months after the beginning of the first fiscal year beginning after January 1, 1988, and the subsequent declaration for each year thereafter on or before the thirtieth day of the fourth month following the beginning of each such fiscal year.
(4) The estimated tax may be paid in full with the declaration or in equal installments on or before April 30, June 30, September 30 and December 31, the first filing being as of September 30, 1988. Those taxpayers on a fiscal year basis shall make quarterly payments on or before the thirtieth day of the fourth month and on or before the last day of the sixth, ninth and twelfth month following the beginning of such fiscal year. The first installment, equal to at least one-fourth, must accompany the declaration.
(5) The declarations so required shall be filed upon a form furnished by or obtainable from the Village Tax Administrator. Any taxpayer who has filed an estimate for Federal income tax purposes may, in making the declaration required hereunder, simply state therein that the figures therein contained are the same figures used by the taxpayer in making the declaration of his estimate for the Federal income tax. However, in addition to such statement, any such taxpayer may, in such declaration modify and adjust such declared income so as to exclude therefrom income which is not subject to tax under the chapter.
(6) Any estimate filed hereunder may be amended by the filing of an amended estimate at the time prescribed for the payment of any installment of tax paid in accordance with Section 183.19.
(Ord. 1195-88. Passed 4-11-88.)
(a) At the time of filing each declaration (required by Section 183.18) each taxpayer shall pay to the Village one-fourth of the amount of his estimated annual tax. Thereafter, on or before the thirtieth day of April, June, September and December of each year during the life of the chapter, such taxpayer shall pay at least a similar amount. However, if any such taxpayer shall, on or before any such payment date, file an amended declaration showing an increase or decrease of an estimated tax, the installments then and thereafter due shall be increased or diminished (as the case may be) in such manner that the balance of the estimated tax shall be fully paid on or before December 31, of the taxable year involved through the payment of quarterly installments in equal amounts during the quarterly periods remaining from and after the filing of any such amended declaration.
(c) For final returns and final adjustment of tax due, see Section 183.13.
(Ord. 1195-88. Passed 4-11-88.)
Every individual taxpayer who resides in the Village but receives net profits, salaries, wages, commissions or other personal service compensation for work done or services performed or rendered outside of the Village, if it be made to appear that he has paid a municipal income tax on such net profits, salary, wages, commission or other compensation to another municipality, shall be allowed a credit on the tax imposed by the chapter of the amount so paid by him or in his behalf to the other municipality. The credit shall not exceed the tax assessed by this chapter on such net profits, salary, wages, commission or compensation earned in such other municipality or municipalities where such City income tax is paid.
(Ord. 1195-88. Passed 4-11-88.)
(a) The Tax Administrator personally, or his agents are authorized and empowered to examine the books, papers and records of any employer or supposed employer, or of any taxpayer, or supposed taxpayer, in order to verify the accuracy of any return made, or, if no return was made, to ascertain the tax imposed by this chapter.
(b) Every employer or supposed employer, and every taxpayer or supposed taxpayer is required to furnish to the Tax Administrator or his duly authorized agents or employees, the means, facilities and opportunity for such examinations, investigations and audits as are authorized in and by this chapter.
(c) The Tax Administrator or his duly authorized agent or employee is further authorized and empowered to examine under oath any person concerning any income which was or should have been returned for taxation, and to this end, the Clerk- Treasurer has the right and power to compel the production of books, papers and records and the attendance of all persons before him whether as parties or witnesses, whom he believes to have knowledge of such income.
(d) Refusal of any examination by any employer or person subject to the tax, or presumed to be such employer or person so subject, constitutes a misdemeanor punishable by fine or imprisonment, or both.
(Ord. 1195-88. Passed 4-11-88.)
Employers and others subject to the tax under this chapter are required to keep such records as will enable the filing of true and accurate returns, whether for taxes withheld at source or if taxes payable upon earnings or net profits, or both, and such records are to be preserved to enable the Village Clerk or any agent or employee of the Tax Administrator, to verify the correctness of the returns filed.
(Ord. 1195-88. Passed 4-11-88.)
(a) If, as a result of investigation conducted by the Tax Administrator a return is found to be incorrect, the Tax Administrator is authorized to assess and collect any underpayment of tax withheld at source or any underpayment of tax owing by any taxpayer with respect to earnings or net profits, or both, if no return has been filed and a tax is found to be owing. The tax actually owing may be assessed and collected with or without the formality of obtaining a delinquent return from the employer or taxpayer.
(b) Should it be disclosed, either as a result of an investigation by the Tax Administrator or through the medium of the filing of a claim or petition for refund or credit that an overpayment has been made, the Clerk-Treasurer will refund such overpayment.
(c) The employer will, in every instance, be required to pay the full tax which should have been withheld, even though he may fail to withhold from the employee. If too much has been withheld, the excess shall be refunded by the employer to the employee.
While the withholding agent (employer) will be elected to maintain complete records of such adjustments with the employees, any such adjustment made during any month will not need to be reflected in the withholding return or disclosed by schedules or statements thereto attached.
(d) In those cases in which too much has been withheld by an employer from an employee and remitted to the Village and there has been a termination of the employee- employer relationship, the taxpayer (employee) may obtain an adjustment by application to the Village. (Ord. 1195-88. Passed 4-11-88.)
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