(A) Where necessary an amended return shall be filled in order to report additional income and pay any additional tax due, or claim a refund of tax overpaid, subject to the requirements and for limitations contained in this Chapter.
A taxpayer may not change the method of accounting or apportionment of net profits after the due date for filing the original return.
(A) (1) A taxpayer shall file an amended return with the Tax Administrator on such form as the Tax Administrator requires if any of the facts, figures, computations, or attachments required in the taxpayer's annual return to determine the tax due levied by the Municipality in accordance with this Chapter must be altered.
(A) (2) Within sixty (60) days after the final determination of any federal or state tax liability affecting the taxpayer's municipal tax liability, that taxpayer shall make and file an amended municipal return showing income subject to the municipal income tax based upon such final determination of federal or state tax liability, and pay any additional municipal income tax shown due thereon or make a claim for refund of any overpayment, unless the tax or overpayment is ten ($10.00) dollars or less.
(A) (3) If a taxpayer intends to file an amended consolidated municipal income tax return, or to amend its type of return from a separate return to a consolidated return, based on the taxpayer's consolidated federal income tax return, the taxpayer shall notify the Tax Administrator before filing the amended return.
(B) (1) In the case of an underpayment, the amended return shall be accompanied by payment of any combined additional tax due together with any penalty and interest thereon. If the combined tax shown to be due is ten ($10.00) dollars or less, such amount need not accompany the amended return. Except as provided under division (B)(2) of this section, the amended return shall not reopen those facts, figures, computations, or attachments from a previously filed return that are not affected, either directly or indirectly, by the adjustment to the taxpayer's federal or state income tax return unless:
(B) (1) (i) To determine the amount of tax that would be due if all facts, figures, computations, and attachments were reopened; or,
(B) (1) (ii) If the applicable statute of limitations for civil actions or prosecutions under Section 182.19
of this Chapter has not expired for a previously filed return.
(B) (2) The additional tax to be paid shall not exceed the amount of tax that would be due if all facts, figures, computations, and attachments were reopened.
(C) (1) In the case of an overpayment, a request for refund may be filed under this division within the period prescribed by division (A)(2) of this Section 182.19
of this Chapter for filing the amended return, even if it is filed beyond the period prescribed in that division if it otherwise conforms to the requirements of that division. If the amount of the refund is less than ten ($10.00) dollars, no refund need be paid by the Municipality to the taxpayer.
Except as set forth in division (C)(2) of this section, a request filed under this division shall claim refund of overpayments resulting from alterations only to those facts, figures, computations, or attachments required in the taxpayer's annual return that are affected, either directly or indirectly, by the adjustment to the taxpayer's federal or state income tax return, unless it is also filed within the time prescribed in Section 182.096
of this Chapter.
Except as set forth in division (C)(2) of this section, the request shall not reopen those facts, figures, computations, or attachments that are not affected, either directly or indirectly, by the adjustment to the taxpayer's federal or state income tax return.
(C) (2) The amount to be refunded shall not exceed the amount of refund that would be due if all facts, figures, computations, and attachments were reopened.
(Ord. 18-1379. Passed 6-19-18.)
(Ord. 18-1379. Passed 6-19-18.)