Loading...
(a) Military pay or allowances of members of the Armed Forces of the United States and of members of their reserve components, including the National Guard.
(b) The income of religious, fraternal, charitable, scientific, literary or educational institutions to the extent that such income is derived from tax exempt real estate, tax exempt tangible or intangible property or tax exempt activities and only to the extent that the said income is exempt from federal income tax.
(c) Dues, contributions and similar payments received by charitable, religious, educational, or literary organizations or labor unions, trade associations, lodges, and similar organizations.
(d) Receipts by bona fide charitable, religious and educational organizations and associations, when those receipts are from seasonal or casual entertainment, amusement, sports events and health and welfare activities when any such are conducted by bona fide charitable, religious or educational organizations and associations and only to the extent that the said income is exempt from Federal Income Tax.
(e) Precinct Official. Compensation paid under Section 3501.28 or 3501.36 of the Ohio Revised Code to a person serving as a precinct official, to the extent that such compensation does not exceed one thousand dollars ($ 1,000) annually. Such compensation in excess of one thousand dollars shall be subject to taxation. The payer of such compensation is not required to withhold City tax from that compensation.
(f) Transit Authority. Compensation paid to an employee of a transit authority, regional transit authority, or regional transit commission created under Chapter 306 of the Ohio Revised Code for operating a transit bus or other motor vehicle for the authority or commission in or through the City, unless the bus or vehicle is operated on a regularly scheduled route, the operator is subject to such a tax by reason of residence or domicile in the City, or the headquarters of the authority or commission is located within the City.
(g) Public Utility. The income of a public utility when that public utility is subject to the tax levied under Section 5727.24 or 5727.30 of the Ohio Revised Code. However, subject to Section 5745 of the Ohio Revised Code, starting January l, 2002 this exemption does not apply to the income of an electric company or combined company, and starting January l, 2004 it does not apply to the income of a telephone company, as both are defined in Section 5727.01 of the Revised code.
(h) Pensions. Proceeds from welfare benefits, unemployment insurance benefits, Social Security benefits, and qualified retirement plans as defined by the Internal Revenue Service.
(i) Compensation for personal injuries or for damages to property by way of insurance or otherwise, but this exclusion does not apply to compensation paid for lost salaries or wages or to compensation from punitive damages.
(j) Parsonage allowance, to the extent of the rental allowance or rental value of a house provided as a part of an ordained minister's compensation. The minister must be duly ordained, commissioned, or licensed by a religious body constituting a church or church denomination, and must have authority to perform all sacraments of the church.
(k) Alimony received.
(l) Income, salaries, wages, commissions and other compensation and net profits, the taxation of which is prohibited by the United States Constitution or any act of Congress limiting the power of the states or their political subdivisions to impose net income taxes on income derived from interstate commerce.
(m) Income, salaries, wages, commissions and other compensations and net profits, the taxation of which is prohibited by the Constitution of the State of Ohio or any act of the Ohio General Assembly limiting the power of a municipality to impose net income taxes.
(Ord. 04-346. Passed 1-6-04.)
The income tax shall be levied, collected and paid with respect to the income, salaries, wages, commissions and other compensation, and with respect to the net profits of businesses, professions or other activities earned until this chapter may be repealed.
(Ord. 04-346. Passed 1-6-04.)
(a) Return and Payment. Any person who earns taxable income shall make and file a return pursuant to this chapter.
(b) Dates and Exemptions.
(1) Each taxpayer, except as herein provided, shall, for years prior to taxable year 2004, whether or not a tax be due thereon, make and file a return on or before April 30 of the year following the effective date of this chapter and on or before April 30 of each year thereafter, and on or before April 15th for taxable years 2004 and later. When the return is made for a fiscal year for a period different from the calendar year, the return shall be filed within four months from the end of the fiscal year or period for years prior to taxable year 2004, and within 105 days for taxable years 2004 and later.
(2) The Administrator is hereby authorized to provide by regulation 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 the taxpayer to the Administrator, may be accepted as the return required of any employee whose sole income, subject to the tax under this chapter, is such salaries, wages, commissions or other compensation.
(3) Retirees having no taxable income for municipal income tax purposes shall be exempt from these filing requirements. Retirees shall notify the tax office of their exemption status on a Milford tax return form or on a separate attachment, and shall include their date of retirement and company or organization from which retired. Tax forms shall not be mailed to the retiree after receipt of this notification by the Milford tax office. This exemption from filing shall be in effect until and if such time the retiree receives taxable income for municipal income tax purposes, at which time the retiree shall be required to comply with the provisions of this chapter.
(c) 2106 Expenses. The municipal corporation shall deduct from the taxpayer's taxable income the amount shown as a deduction on Federal Form 2106, as filed with the Internal Revenue Service. (H.B. #65, 2-11-82). Such amounts must be properly reported on Form 2106 and must be verifiable. An employee who is permitted to deduct business expenses from gross wages, salaries, or commissions must file a return in order to claim such deductions even though all or part of such wages, salaries, or commissions are subject to withholding.
(d) Forms for Filing. The return shall be filed with the Administrator on a form or forms furnished by or obtained upon request from the Administrator, or on a generic form as defined.
(e) The officer or employee of such employer having control or supervision or charged with the responsibility of filing the return and making the payment, shall be personally liable for failure to file the return or pay the tax, penalties, or interest due as required herein. The dissolution, bankruptcy or reorganization of any such employer does not discharge an officer's or employee's liability for a prior failure of such business to file a return or pay taxes, penalties, or interest due.
(f) Any business, profession, association or corporation reporting a net loss is subject to the filing requirements of this Chapter.
(g) The failure of any employer, taxpayer or person to receive or procure a return, declaration, or other required form shall not excuse him from filing any information return, tax return, declaration, or other required form, or from paying the tax.
(Ord. 04-346. Passed 1-6-04.)
The return shall be filed with the Administrator on a form or forms furnished by or obtainable upon request for the Administrator setting forth:
(a) The aggregate amounts of income, salaries, wages, commissions and other compensation earned or received and gross receipts from business, profession or other activity, less allowable expenses incurred in the acquisition of such gross receipts earned during the preceding year and subject to such tax.
(b) The amount of the tax imposed by this chapter on such earnings and profits; and
(c) Such other pertinent statements, information returns or other information as the Administrator may require, including but not limited to copies of all W-2 forms, 1099 Miscellaneous Income Forms, and all applicable federal schedules.
(Ord. 04-346. Passed 1-6-04.)
(a) Any taxpayer that has requested an extension for filing a federal income tax return may request an extension for the filing of a City of Milford tax return. The taxpayer shall make the request by filing a copy of the taxpayer's request for a federal filing extension with the Administrator.
(b) Any taxpayer not required to file a federal income tax return may request an extension for filing a City of Milford tax return in writing.
(c) The request for extension shall be filed not later than the last day for filing the City of Milford tax return as prescribed by ordinance or rule of this municipal corporation.
(d) A valid extension request extends the due date for filing a return six months from the original due date of such return for taxable years prior to 2004. For taxable year 2004 the extended due date shall be the last day of the month following the month to which the due date of the federal income tax return has been extended. For taxable years subsequent to 2004 the extended due date shall be the last day of the month to which the due date of the federal income tax return has been extended.
(e) The City of Milford may deny a taxpayer's request for extension if the taxpayer:
(1) Fails to timely file the request;
(2) Fails to file a copy of the federal extension request (if applicable);
(3) Owes City of Milford any delinquent income tax or any penalty, interest, assessment or other charge for the late payment or nonpayment of income tax;
(4) Has failed to file any required income tax return, report, or other related document for a prior tax period.
(f) The granting of an extension for filing a City of Milford income tax return does not extend the last date for payment of the tax; hence, penalty and interest may apply to any unpaid tax during the period of extension at the rate set out by Section 181.98. No penalty shall be assessed in those cases in which the return is filed and the final tax paid within the extension period provided all other filing and payment requirements of the Tax Code have been met. Any extension by the Administrator shall be granted with the understanding that declaration filing and payment requirements have been fulfilled; however, if, upon further examination it then becomes evident that declaration filing and payment requirements have not been fulfilled, penalty and interest may be assessed in full and in the same manner as though no extension had been granted.
(Ord. 04-346. Passed 1-6-04.)
(a) Payments with Returns. The taxpayer making a return shall at the time of the filing thereof, pay to the Administrator the amount of taxes shown as due thereon.
(b) Overpayment; Refunds. A taxpayer who has overpaid the amount of tax to which the City is entitled under the provisions of this chapter may have such overpayment applied against any subsequent liability hereunder, or, at the taxpayer's election indicated on the return, such overpayment or part thereof shall be refunded provided that no additional taxes are owed. Balances or overpayments of less than five dollars ($5.00) shall not be collected or refunded.
(c) Taxes erroneously paid shall not be refunded unless a claim for a refund is made within three years from the date which such payment was made or the return was due, or within three months after final determination of the federal tax liability, whichever is later.
(Ord. 04-346. Passed 1-6-04.)
Loading...