Definition
For purposes of this section, the term "property owners of real properly" pertains to any person, landlord, agency, entity, partnership, management company, corporation, trust or trustees, association, or other such entity mentioned in this Chapter which has ownership or cooperative ownership of a property located within the City of Milford and rents or leases the same, or any part thereof, to any person for either business, residential dwelling, or other purposes. Such "real property" includes apartments, boarding houses, condominiums, townhouses, offices, rooms, or other rental accommodations, during any calendar year, or part thereof, commencing with the effective date of this section.
"Real property", as the term is used in this Regulation, shall include commercial property, residential property, farm property, and any and all other types of real estate.
Each specific address of each rental property must be shown on the Federal Schedule E.
Corporations owning or managing real estate are taxable only on the portion of the income derived from property located in the City.
Rental income received by a taxpayer engaged in the business of buying and selling real estate shall be considered as part of business income.
Rental income received by the taxpayer are to be included in taxable income only if and to the extent that the rental, ownership, management, or operation of the real estate from which such rents are derived whether so rented, managed or operated by the taxpayer individually or through agents or other representatives) constitutes a business activity in whole or in part.
In determining the amount of gross monthly rental of any real property, periods during which (by reason of vacancy or any other cause) rentals are not received shall not be taken into consideration by the taxpayer.
REQUIREMENTS FOR OWNERS OF RENTAL PROPERTY: REGISTERING
(A) All property owners of real property located in the City of Milford or other entity mentioned in this section, who rent or otherwise lease the same, or any part thereof, to any person for either business, residential dwelling, or other purposes, including apartments, condominiums, rooms, offices, and other rental accommodations, during any calendar year, or part thereof, commencing with the effective date of this section, are required to register with the Tax Administrator within thirty (30) days.
(A) (1) The contact person or other entity mentioned in this section, who is responsible for reporting tenants and informing tenants of Milford registration requirements, should be indicated on the landlord registration form. Any changes in the contact person should be reported within thirty (30) days.
(B) Mandatory registration with the Tax Administrator does not preclude the responsibility of any person, business, contractor, subcontractor, property owner, or other such entity mentioned in this Chapter from contacting or complying with any other City department or other agency.
(C) Contacting or complying with any other department or agency does not exclude the responsibility of any person, business, contractor, subcontractor, property owner, or other such entity mentioned in this Chapter from contacting the Tax Administrator of the City or the Regional Income Tax Agency or complying with this Chapter.
Fine for not Registering
(B) Any person upon written notification by the City of this requirement for mandatory registration who fails to register within thirty days upon receipt of notification shall be considered in violation of this section and shall be subject to a fine not more than one hundred ($ 100.00) dollars,
Inform Tenants
All property owners or other entity mentioned in this section, who receive rental income from real property as defined above, are responsible to inform the tenants of any rented or leased property about the City of Milford income tax and mandatory registration requirement. All tenants are responsible to comply with the Sections for Mandatory Registration, Annual Filing, Declaration of Estimated Tax, as well as all other applicable sections as described in this Chapter.
Tenant Reports and Frequency; Reporting Move Ins and Move Outs
(D) The tenant reports shall be on a form or forms obtainable from the Administrator, or on an acceptable generic form,
(D) (1) Move Ins: All property owners, who receive rental income from real property as defined above, shall file with the Administrator a written report within thirty (30) days of the tenant's move in date. The report shall disclosing the name, address, the date moved in, and also telephone number, if available, of each tenant known to occupy such apartment, room or other residential dwelling or business rental property.
(D) (2) Move Outs: All property owners, who receive rental income from real property as defined above, shall file with the Administrator a written report within thirty (30) days of the tenant's move out date. The report shall disclosing the name, address, the date moved out, and also telephone number, if available, of each tenant known to have vacate such apartment, room or other residential dwelling or business rental property.
Forwarding
(E) Forwarding Addresses. In addition to the report information mentioned in (D) of this section, all property owners who receive rental income from real property as defined above, shall include the forwarding address of the vacating tenant.
Frequency of Reporting:
(F) (1) All property owners of a Single Rental Property (one property without multiple rental units) located in the City of Milford are required to file a complete written report disclosing the name, address, the dates moved in or moved out, and also telephone number, if available, of each tenant known to occupy such apartment, room or other residential dwelling or business rental property on a quarterly basis.
(F) (2) All property owners of Multiple Properties (more than one property) or Properties with Multiple Rental Units (one or more properties containing multiple rental units) located in the City of Milford are required to file a complete written report disclosing the name, address, the date moved in or moved out, and also telephone number, if available, of each tenant known to occupy such apartment, room or other residential dwelling or business rental property on a monthly basis.
Fine for not reporting
(G) Whoever violates this section shall be fined not more than one hundred dollars ($100.00) for each instance of not filing each of the required reports whereby the name, address, date of move in or move out, or forwarding address are not reported for each tenant who moved in or moved out of the rented or leased real property located in the City of Milford.
Report Ownership Change
(H) Report Purchase, Sale, or Change of Rental Property Ownership. All property owners who receive rental income from real property as defined above are required to notify the Tax Administrator concerning any purchase, sale or change or rental property ownership.
(I) Report the change of contact person, entity, corporation, property management company, resident manager, association representative, employee or designee within thirty (30) days of the change.
(J) File the applicable Annual Municipal Tax Returns and Employer Withholding Returns as prescribed in this Chapter.
Compliance with Order to Appear or Subpoena
(K) The Tax Administrator may order the appearance before him, or his duly authorized agent, of any person whom he believes to have any knowledge of the name, address and telephone number of any tenant of residential rental real property in the City of Milford. The Tax Administrator, or his duly authorized agent, is authorized to examine any person, under oath, concerning the name, address and telephone number of any tenant of residential real property located in the City of Milford. The Tax Administrator, or his duly authorized agent, may compel the production of papers and records and the attendance of all personal before him, whether as parties or witnesses, whenever he believes such person has knowledge of the name, address and telephone number of any tenant of residential real property in the City of Milford.
(L) Any person, business, contractor, subcontractor, property owner, or other such entity mentioned in this Chapter, that violates one or more of the following shall be subject to Section 182.99
of this chapter/ordinance:
(L) (1) Fails, refuses or neglects to timely file a written report required in this section; or
(L) (2) Makes an incomplete or intentionally false written report required in this section ; or
(L) (3) Fails to appear before the Tax Administrator or any duly authorized agent and to produce and disclose any tenant information pursuant to any order or subpoena of the Tax Administrator as authorized in this section or Section 182.99
; or
(L) (4) Fails to comply with the provisions of this section or any order or subpoena of the Tax Administrator.
(L) (5) Non-Registration. Any person, business, contractor, subcontractor, property owner, or other such entity mentioned in this Chapter, who fails to register within thirty (30) days upon the receipt of written notification for the requirement of mandatory registration by the City, shall be considered in violation of this section and shall be subject to a fine not more than one hundred ($ 100.00) dollars.
(L) (6) Non-Reporting. Any person, business, contractor, subcontractor, property owner, or other such entity mentioned in this Chapter, who violates this section shall be fined not more than one hundred ($100.00) dollars for each instance of not filing each of the required reports whereby all report information requested such as the name, address, date of move in or move out, or forwarding address are not reported for each tenant who moved in or moved out of the rented or leased real property located in the City of Milford.
(L) (7) The City of Milford reserves the right to use a collection agency, legal firm, or applicable court of law in an effort to collect any delinquent fine specified in this Section and any additional fees that the third party collection company imposes for their services as set forth in their contract with the City as specified in Section 182.96
.
(Ord. 18-1379. Passed 6-19-18.)