(A) Each person who engages in business, or whose salary, wages, commissions and other compensation are subject to the tax imposed by the commissions and other compensation are subject to the tax imposed by this chapter shall, whether or not a tax be due thereon, make and file on or before April 15 of each year a return with the village on a form or forms furnished or obtained upon request setting forth:
(1) The aggregate amounts of qualifying wages, commissions, other compensation received, allocated, apportioned or set aside, other income defined by statute as taxable, and gross income from any business, profession, or other activities, less allowable expenses incurred in the acquisition of such gross income earned during the preceding year and subject to said tax;
(2) The amount of the tax imposed by this chapter; and
(3) Such other pertinent statements, information returns or other information returns or information as the Tax Commissioner requires, including a statement that 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.
(B) A taxpayer on a fiscal year accounting basis for federal tax purposes shall, beginning with said taxpayer's first fiscal year any part of which falls within the tax period, pay the tax on the basis of the said taxpayer's fiscal year and shall file the annual returns by the fifteenth day of the fourth month following the end of the fiscal year or period.
(C) Any taxpayer that has requested an extension for filing a federal income tax return may request an extension for the filing of the village income tax return by filing a copy of the taxpayer's federal extension request with the Department of Taxation. Any taxpayer not required to file a federal income tax return may request an extension for filing a village income tax return in writing. The request for extension must be filed on or before the original due date for the annual return. If the request is granted, the extended due date of the municipal income tax return shall be the last date of the month following the month to which the due date of the federal income tax return has been extended. The Tax Commissioner may deny a taxpayer's request for an extension if the taxpayer fails to timely request; or fails to file a copy of the federal extension request; or owes the village any delinquent income tax, penalty, or interest; or has failed to file any required income tax returns, report, or other related document for a prior tax period.
(D) The taxpayer making such return shall, at the time of the filing thereof, pay to the village the amount of taxes shown as due thereon; provided, however, that where any portion of the tax so due shall be deducted at the source, pursuant to the provisions of § 37.05, or where any portion of said tax shall have been paid by the taxpayer, pursuant to the provisions of § 37.06, 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. Should it then appear that the taxpayer had paid more than the amount of tax to which the village is entitled under the provisions of this chapter, such over payments shall be refunded, or at the option of the taxpayer, credited to said taxpayer's next year's tax liability; provided, however that no additional taxes or refunds of less than $1 shall be collected or refunded. Within three months from the final determinations of any federal tax liability affecting the taxpayer's village tax liability, such taxpayer shall make and file and amended village return showing income subject to the village 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.
(E) The Tax Commissioner is hereby authorized to accept the return of a resident employer, or employers, showing the total of the amount of tax deductible by said employer or employers from the qualifying wages, commissions or other compensation of employees, and paid by said taxpayer or taxpayers to the village Income Tax Department 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.
(F) A corporation if that affiliated group of corporations filed a consolidated return with the Internal Revenue Service pursuant to Section 1501 of the Internal Revenue Code.
(G) An adjustment made to a tax return by the Department of Taxation, after the return has been filed in good faith by the taxpayer, will not be made by the Department if the result of the adjustment is equal to or less than $5 as underpayment or overpayment of tax.
(Ord. 04-05-01, passed 6-29-04)