(a) (1) Each taxpayer or person who engages in business, or whose salaries, wages, 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 a return on or before April 30, and on or before April 30, of each year thereafter with the Administrator on a form or forms furnished by or obtainable upon request from such Administrator setting forth:
A. The aggregate amounts of salaries, wages, commissions and other compensation earned by him, and/or gross income from such business less allowable expenses incurred in the acquisition of such gross income earned during the preceding year and subject to the 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 a statement that the 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.
(Ord. 225. Passed 12-6-79.)
(2) On an after January 1, 2001, the Administrator shall accept for filing a generic form of an income tax return, report or document if the generic form, once completed and filed, contains all of the information required to be submitted with the Village's prescribed returns, reports or documents and if the taxpayer or return preparer filing the generic form otherwise complies with the rules or ordinances of the Village governing the filing of returns, reports or documents.
(Ord. 01-001. Passed 1-4-01.)
(b) 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 other period.
(Ord. 225. Passed 12-6-79.)
(Ord. 225. Passed 12-6-79.)
(c) The Administrator may extend the time for filing of the annual return upon the request of the taxpayer for a period of not to exceed six months, or three months beyond any extension requested of or granted by the Internal Revenue Service for the filing of the federal income tax return. No penalty or interest shall be assessed in those cases in which the return is filed and the final tax paid within the period as extended. Any taxpayer that has requested an extension for filing a Federal income tax return may request an extension for the filing of a Village income tax return by filing a copy of the taxpayer's request for a Federal filing extension with the Administrator not later than the last day for filing the Village income tax return as required by this section. The Administrator shall grant such a request for extension for a period not less than the period of the Federal extension request, and may deny the taxpayer's request for extension only if the taxpayer fails to timely file the request, or fails to file a copy of the request for the Federal extension, or owes the Village any delinquent income tax or any penalty, interest, assessment or other charge for the late payment or non-payment of income tax, or has failed to file any required income tax return, report or other related document for a prior tax period. The granting of an extension for filing a Village income tax return does not extend the last date for paying the tax without penalty unless the Administrator grants an extension of that date.
(Ord. 225. Passed 12-6-79; Ord. 01-001. Passed 1-4-01.)
(d) The return shall also show the amount of the tax imposed by this chapter on such earnings and profits. The taxpayer making such return shall, at the time of the filing thereof, pay to the Administrator the amount of taxes shown as due thereon; provided, however, that where any portion of the tax so due shall have been deducted at the source pursuant to the provisions of Section 171.06, or where any portion of the tax has been paid by the taxpayer pursuant to the provisions of Section 171.07, 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.
Within three months from the final determination of any federal tax liability affecting the taxpayer's Village tax liability, such taxpayer shall make and file an 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 Administrator is hereby authorized to provide by regulation, subject to the approval of the Board of Review, 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 him or them to the Administrator shall be accepted 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.
Under such regulations as the Administrator may prescribe, subject to the approval of the Board of Review, any taxpayer, in lieu of filing a detailed return as hereinbefore provided, may file a sworn statement prescribed by the Administrator of salaries, wages, commissions and other compensation or of net profits as reported on his federal income tax return for the period involved. Such statement shall also set forth each adjustment made under the terms of any Village income tax ordinance and the taxpayer filing such sworn statement shall pay the tax hereby levied on the adjusted amount thus reported in the statement.
(f) In the case of a corporation that carries on transactions with its stockholders or with other corporations related by stock ownership, interlocking directorates, or some other method, or in case any person operates a division, branch, factory, office, laboratory or activity within the Village constituting a portion only of its total business, the Administrator shall require such additional information as may be necessary to ascertain whether net profits allocable to the Village are being distorted by the shifting of income, apportionment of expenses, or other devices available to a common control. If the Administrator finds that a person's net profits allocable to he Village are distorted by reason of transactions with stockholders or with other corporations related by stock ownership, interlocking directories, or transactions with such division, branch, factory, office, laboratory or activity or by some other method, he shall adjust such transactions so as to produce a fair and proper allocation of net profits to the Village. If necessary, the Administrator may require the filing of a consolidated return.
(g) A taxpayer who has overpaid the amount of tax to which the Village is entitled under the provisions of this chapter, may have such overpayment applied against any subsequent liability hereunder or, at his election indicated on the return, such overpayment, or part hereof, shall be refunded, provided that no additional taxes or refunds of less than one dollar ($1.00) shall be collected or refunded.
(h) Within three months from the final determination of any federal tax liability affecting taxpayer's Village tax liability, such taxpayer shall make and file an amended Village return showing income subject to 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.
(Ord. 225. Passed 12-6-79.)
(i) Commencing with the 1994 tax year and continuing thereafter, any person, eighteen years of age or older, or any entity subject to the provisions of this chapter shall file any return due in accordance with the provisions of this section with the administrator or the designated collection agency of the Village of North Perry.
(Ord. 94-427. Passed 8-4-94.)