880.05   MANDATORY FILING OF RETURN; PAYMENT OF TAX.
   (a)   Each resident, resident business, and nonresident business who is subject to the tax imposed by this chapter shall make and file a return on or before April 15 of each year, whether or not any tax is due from such person or business, excepting those residents under 16 years of age and excepting residents who are retired and who have no income subject to this tax and have so notified the Tax Administrator in writing. When the return is made for a fiscal year or other period different from the calendar year, the return shall be filed within four months from the end of such fiscal year or period. The Administrator is hereby authorized to provide by regulation that the return of an employer, showing the amount of tax deducted by such employer from the salaries, wages, commissions or other compensation of an employee, and paid by him or her or them to the Administrator, shall be accepted, unless otherwise specified, as the return required of an employee whose sole income, subject to tax under this chapter, is such salary, wages, commission or other compensation.
   (b)   The return shall be filed with the Administrator on a form furnished by or obtained upon request from such Administrator setting forth
      (1)   The aggregate amounts of salaries, wages, commissions and other compensation earned and gross income from a business, profession or other activity, less allowable ordinary, reasonable and necessary expenses incurred in the acquisition of such gross income earned during the preceding year and subject to such tax;
      (2)   The amount of the tax imposed by this chapter on such earnings and profits; and
      (3)   Such other pertinent statements, information returns or other information as the Administrator may require.
   (c)   The Administrator may extend the time for filing the annual return, upon the request of the taxpayer, for a period of not to exceed six months, or 45 days beyond any extension requested of or granted by the Internal Revenue Service for the filing of the Federal Income Tax Return. The Administrator may require a tentative return, accompanied by payment of the amount of tax shown to be due thereon, by the date the return is normally due. No penalty shall be assessed in those cases in which the return is filed and the final tax paid within the period as extended.
   (d)   The taxpayer making a return shall, at the time of filing thereof, pay to the Administrator the amount of taxes shown as due thereon. However, where any portion of the tax so due has been deducted at the source pursuant to Section 880.06, or where any portion of such tax has been paid by the taxpayer pursuant to Section 880.07, then such portion 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.
   (e)   A taxpayer who has overpaid the amount of tax to which the Municipality is entitled under this chapter may have such overpayment applied against any subsequent liability under this chapter or, at his or her election indicated on the return, such overpayment or part thereof shall be refunded, provided that no additional taxes or refunds of less than one dollar ($1.00) shall be collected or refunded.
   (f)   Where necessary, an amended return must be filed in order to report additional income and pay any additional tax due, or claim a refund of tax overpaid, subject to Section 880.11. Such amended return shall be on a form obtainable on request from the Administrator. A taxpayer may not change the method of accounting or apportionment of net profits after the due date for filing the original return.
   (g)   Within three months from the final determination of any Federal tax liability affecting the taxpayer's tax liability to the Municipality, such taxpayer shall make and file an amended return showing income subject to the income tax of the Municipality 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.
(Ord. 11-79. Passed 5-14-79; Ord. 04-42. Passed 8-16-04.)