(a) In accordance with the rules and regulations prescribed by the Tax Clerk, each employer within or doing business within this Municipality shall deduct, at the time of the payment of such salary, wage, commission or other compensation, the tax of one percent (1%) per annum of the gross salaries, wages, commissions or other compensation due by the employer to the employee or the tips or gratuities reported to the employer by each employee for Social Security or federal income tax purposes and shall, on or before the last day of April, July, October and January of each year, make a return and pay to the Tax Clerk, the amount of taxes so deducted. The returns shall be on a form or forms prescribed by or acceptable to the Tax Clerk and shall be subject to the rules and regulations prescribed therefor, by the Tax Clerk. Such employers shall be liable for the payment of the tax required to be deducted and withheld, whether or not such taxes have, in fact, been withheld. (Ord. 81-02. Passed 1-5-81.)
(b) Such employer in collecting the tax shall be deemed to hold the same, until payment is made by such employer to this Municipality, as a trustee for the benefit of this Municipality and any such tax collected by such employer from his employees, shall, until the same is paid to this Municipality, be deemed a trust fund in the hands of such employer.
(Ord. 77-9. Passed 11-7-77.)
(c) (1) On or before the last day of February following any calendar year, such employer shall file with the Tax Clerk an information return (annual reconciliation of tax withheld) for each employee from whom New Lexington income tax has been, or should have been withheld, showing the name, address, and Social Security number of the employee, the total amount of compensation paid during the year and the amount of New Lexington income tax withheld, as well as other municipal taxes withheld from such employee.
(2) On or before the last day of February following any calendar year, in addition to the above wage reporting requirements, any person or business entity paying money to an individual or independent contractor for work done or services performed in New Lexington shall report such to the Tax Clerk by providing copies of Federal Form 1099.
(Ord. 81-2. Passed 1-5-81; Ord. 2005-24. Passed 2-6-06.)
(d) The Tax Clerk for good cause may require immediate returns and payments to be submitted to his office. (Ord. 77-9. Passed 11-7-77; Ord. 81-2. Passed 1-5-81.)