(a) (1) Effective January 1, 1997, each individual taxpayer eighteen years of age or older whose earnings or profits are subject to the tax imposed by this chapter shall, whether or not tax is due but, subject to paragraph (b) following, on or before April 15th of each year make and file a return with the Income Tax Clerk on a form furnished by or obtainable from the Income Tax Clerk setting forth the aggregate amount of salary, wages or other compensation and net profits earned by him during the preceding year and subject to the tax, together with other pertinent information as the Income Tax Clerk may require. However, when the final return is made for a fiscal year or other period different from the calendar year, the return shall be made within 105 days from the end of such fiscal year or other period whether or not a tax is due thereon. The tax due shall be computed on the return and the taxpayer shall pay the tax due at the time of filing. No remittance is required if the amount shown to be due is ten dollars or less. A person may round to the nearest whole dollar all amounts the person is required to enter on any return, report, voucher, or other document required under this chapter. Any fractional part of a dollar that equals or exceeds fifty cents shall be rounded to the next whole dollar, and any fractional part of a dollar that is less than fifty cents shall be dropped. If a person chooses to round amounts entered on a document, the person shall round all amounts entered on the document. Such return shall be deemed filed when postmarked by the United States Post Office or delivered during normal business hours to the Tax office. Notwithstanding any filing deadlines prescribed by this section, an annual income tax return or report due to the Village may be filed within the time prescribed in the federal income tax code for the corresponding tax reporting period, or on or before the date prescribed for the filing of state individual income tax returns under division (G) of Section 5747.08 of the Revised Code, if such period is later than the time allowed in this section.
(2) (A) A person may notify the tax clerk that the person does not expect to be a taxpayer subject to the Village of New London income tax ordinance for a taxable year if both the following apply:
(i) The person was required to file a tax return with New London for the immediately preceding taxable year because the person performed services at a worksite location within New London.
(ii) The person no longer provides services in New London and does not expect to be subject to New London income tax for the taxable year.
(B) The person shall provide the notice in a signed affidavit that briefly explains the person's circumstances, including the location of the previous worksite location and the last date on which the person performed services or made any sales within New London. The affidavit shall also include the following statement: "The affiant has no plans to perform any services within New London, make any sales in New London, or otherwise become subject to the tax levied by New London during the taxable year. If the affiant does become subject to the tax levied by New London for the taxable year, the affiant agrees to be considered a taxpayer and to properly comply as a taxpayer with the New London income tax ordinance and rules and regulations." The person shall sign the affidavit under penalty of perjury.
(C) If a person submits such an affidavit, the Tax Clerk shall not require the person to file a tax return for the taxable year unless the Tax Clerk possesses information that conflicts with the affidavit or if the circumstances described in the affidavit change.
(D) Nothing in of this section prohibits the Tax Clerk from performing an audit of the person.
(b) If an individual is deceased, any return or notice required of that individual shall be completed and filed by that decedent's executor, administrator, or other person charged with the property of that decedent. If an individual is unable to complete and file a return or notice required, the return or notice required of that individual shall be completed and filed by the individual's duly authorized agent, guardian, conservator, fiduciary, or other person charged with the care of the person or property of that individual. Returns or notices required of an estate or a trust shall be completed and filed by the fiduciary of the estate or trust. Spouses may file a joint return.
(c) Except as otherwise provided in this ordinance, each annual net profit return required to be filed under this chapter by a taxpayer that is not an individual shall be completed and filed as required by the Tax Clerk on or before the fifteenth day (15th) of the fourth month following the end of the taxpayer's taxable year. The taxpayer shall complete and file the return or notice on forms prescribed by the Tax Clerk or on generic forms, together with remittance made payable to the Village of New London. No remittance is required if the net amount due is ten dollars or less.
(d) Each return required to be filed under this section shall contain the signature of the taxpayer or the taxpayer's duly authorized agent and of the person who prepared the return for the taxpayer, and shall include the taxpayer's social security number or taxpayer identification number. Each return shall be verified by a declaration under penalty of perjury. Each return required to be filed shall include a box that the taxpayer may check to authorize another person, including a tax return preparer who prepared the return, to communicate with the tax administrator about matters pertaining to the return. The return or instructions accompanying the return shall indicate that by checking the box the taxpayer authorizes the tax administrator to contact the preparer or other person concerning questions that arise during the examination or other review of the return and authorizes the preparer or other person only to provide the tax administrator with information that is missing from the return, to contact the tax administrator for information about the examination or other review of the return or the status of the taxpayer's refund or payments, and to respond to notices about mathematical errors, offsets, or return preparation that the taxpayer has received from the tax administrator and has shown to the preparer or other person. When income tax returns, reports, or other documents require the signature of a tax return preparer, a facsimile of such a signature shall be acceptable in lieu of a manual signature.
(e) The Income Tax clerk may require a taxpayer who is an individual to include, with each annual return, amended return, or request for refund required under this section, copies of only the following documents: all of the taxpayer's Internal Revenue Service form W-2, "Wage and Tax Statements," including all information reported on the taxpayer's federal W-2, as well as taxable wages reported or withheld for any municipal corporation; the taxpayer's Internal Revenue Service form 1040, or, in the case of a return or request required by a qualified municipal corporation, Ohio form IT-1040; and, with respect to an amended tax return or refund request, any other documentation necessary to support the refund request or the adjustments made in the amended return. An individual taxpayer who files the annual return required by this section electronically is not required to provide paper copies of any of the foregoing to the tax administrator unless the tax administrator requests such copies after the return has been filed. The Income Tax Clerk may require a taxpayer that is not an individual to include, with each annual net profit return, amended net profit return, or request for refund required under this section, copies of only the following documents: the taxpayer's Internal Revenue Service form 1041, form 1065, form 1120, form 1120-REIT, form 1120F, or form 1120S, and, with respect to an amended tax return or refund request, any other documentation necessary to support the refund request or the adjustments made in the amended return. A taxpayer that is not an individual and that files an annual net profit return electronically through the Ohio business gateway or in some other manner shall either mail the documents required under this division to the tax administrator at the time of filing or, if electronic submission is available, submit the documents electronically through the Ohio business gateway. After a taxpayer files a tax return, the Income Tax Clerk may request, and the taxpayer shall provide, any information, statements, or documents required by the municipal corporation to determine and verify the taxpayer's municipal income tax liability.
(f) The return of an employer or employers showing the amount of tax deducted by such employer or employers from the salaries, wages, or compensation of any employee and paid by him or them to the Income Tax Clerk, shall be accepted as the return required of any employee whose sole income subject to the tax is such salary, wages or compensation.
(g) (1) Extension of time for filing returns. Any taxpayer that has duly requested an automatic six-month extension for filing the taxpayer's federal income tax return shall automatically receive an extension for the filing of a municipal income tax return. The extended due date of the municipal income tax return shall be the fifteenth day of the tenth month after the last day of the taxable year to which the return relates. For tax years ending on or after January 1, 2023, the extended due date of New London’s income tax return for a taxpayer that is not an individual shall be the 15th day of the eleventh month after the last day of the taxable year to which the return relates. An extension of time to file under this division is not an extension of the time to pay any tax due unless the tax administrator grants an extension of that date. A copy of the federal extension request shall be included with the filing of the Village of New London income tax return.
(2) If the State Tax Commissioner extends for all taxpayers the date for filing state income tax returns under division (G) of section 5747.08 of the Revised Code, a taxpayer shall automatically receive an extension for the filing of a municipal income tax return. The extended due date of the municipal income tax return shall be the same as the extended due date of the state income tax return.
(3) A member of the national guard of any state, or of a reserve component of the armed forces of the United States called to active duty, or a civilian serving as support personnel in a combat zone or contingency operation in support of the armed forces, may apply to the income tax clerk for both an extension of time for filing of the return and an extension of time for payment of taxes pursuant to the provisions of Revised Code Section 718.052.
(4) A taxpayer that has not requested or received a six-month extension for filing the taxpayer's federal income tax return may submit a written request that the tax administrator grant the taxpayer a six-month extension of the date for filing the taxpayer's Village of New London income tax return. If the request is received by the tax administrator on or before the date the Village of New London income tax return is due, the tax administrator shall grant the taxpayer's requested extension.
(5) If a taxpayer receives an extension for the filing of a municipal income tax return under this section, the tax administrator shall not make any inquiry or send any notice to the taxpayer with regard to the return on or before the date the taxpayer files the return or on or before the extended due date to file the return, whichever occurs first. If a tax administrator violates of this restriction, the Village shall reimburse the taxpayer for any reasonable costs incurred to respond to such inquiry or notice, up to $150. This restriction does not apply to an extension received if the tax administrator has actual knowledge that the taxpayer failed to file for a federal extension as required to receive the applicable extension or failed to file for an extension under of this section.
(h) "Pass-through entities" (e.g., partnerships, limited liability companies and S corporations) as that term is defined in Ohio R.C. 718.01, must file an annual return and shall pay the applicable tax on the income of the pass-through entity in the hands of that entity, and the same income shall not be taxed, nor a return filed, for said income in the hands of the owners of the entity.
(i) If a taxpayer operates a business (including rentals or leasing) which sustains a net operating loss during the taxable year and has no other source of business income which is subject to the tax, the net operating loss may be carried forward for a period of up to five consecutive years subsequent to the year of the loss to be used against future profits generated by a business; but such net operating business losses shall not be deducted from any individual's "qualifying wages" or nonbusiness income under any circumstances.
(j) Subject to subsection (i), if a taxpayer has multiple sources of income subject to the tax, he or she may combine the sources of income to arrive at the income subject to New London income tax. This includes income from husbands and wives which may be combined to arrive at the income subject to New London income tax.
(k) In lieu of the forms adopted by the Income Tax Clerk as provided in paragraph (a) above, a taxpayer may file a generic form of any return, report, or other document if the generic form, once completed and filed, contains all of the information required to be submitted in the standard form prescribed by the Income Tax Clerk, so long as the taxpayer complies with the rules or ordinances of the Village governing the filing of returns, reports, or other documents.
(l) At the election of the taxpayer, the Village of New London shall accept for filing a consolidated income tax return from any affiliated group of corporations subject to the Village's tax if that affiliated group filed for the same tax reporting period a consolidation return for Federal income tax purposes pursuant to Section 1501 of the Internal Revenue Code; the rules, conditions or eligibility, time constraints, and calculations prescribed in Revised Code 718.06 shall govern any such consolidated returns.
(m) The Village will accept a return, an estimated return, and payments of tax, which have been properly submitted in accordance with the Ohio Business Gateway or in any other manner prescribed by the Tax Commissioner, as if filed with the Village.
(n) A taxpayer shall file an amended return with the Income Tax Clerk if any of the facts, figures, computations, or attachments required in the taxpayer's annual return to determine the tax due levied by the Village must be altered as the result of an adjustment to the taxpayer's federal income tax return, whether initiated by the taxpayer or the internal revenue service, and such alteration affects the taxpayer's tax liability under this chapter. If a taxpayer intends to file an amended consolidated municipal income tax return, or to amend its type of return from a separate return to a consolidated return, based on the taxpayer's consolidated federal income tax return, the taxpayer shall notify the Income Tax Clerk before filing the amended return.
(Ord. 2023-22. Passed 11-13-23.)