(a) Each employer within or doing business within the Village who employs one or more persons on a salary, wage, commission or other compensation basis, shall deduct at the time of the payment of such salary, wage, commission or other compensation, the tax of one percent (1%) of the gross salaries, wages, commissions or other compensation due by the employer to the employee and shall, on or before the twentieth day of the month following the close of each calendar quarter make a return and pay to the Administrator the amount of taxes so deducted, subject to the provisions of subsections (c), (d) and (e) hereof. The return shall be on a form or forms prescribed by or acceptable to the Administrator and shall be subject to the rules and regulations prescribed therefor by the Administrator. Notwithstanding anything hereinabove to the contrary, on and after January 1, 2001, no non-resident employer, agent of such an employer, or other payer that is not situated in the Village shall be required to deduct and withhold taxes from the taxable income of an individual unless the total amount of tax required to be deducted and withheld for the Village on account of all of the employer's employees or all of the other payer's payees exceeds one hundred fifty dollars ($150.00) for a calendar year on and after January 1, 2001.
(Ord. 261. Passed 6-3-82; Ord. 266. Passed 12-2-82; Ord. 01-001. Passed 1-4-01.)
(b) Every employer required to deduct and withhold the tax at the source is liable directly to the Village for the payment of such tax, whether actually collected by such employer or not. Such employer in collecting the tax shall be deemed to hold the same, until payment is made by such employer to the Village, as a trustee for the benefit of the Village and any such tax collected by such employer from his employees shall, until the same is paid to the Village, be deemed a trust fund in the hands of such employer.
(c) Such employer who deducts the tax in the amount of one hundred dollars ($100.00) or more in the first or second month of a calendar quarter shall, or before the twentieth day of the following month, pay to the Administrator the amount of taxes so deducted. Such employer who deducts the tax in the amount of one hundred dollars ($100.00) or more in the third month of a calendar quarter may, at his option, on or before the twentieth day of the following month, pay to the Administrator the amount of taxes so deducted.
(d) Such employer who makes such payments on a monthly basis only for the first two months of a calendar quarter shall pay such tax deducted for the third month of a calendar quarter at the regular time for filing the employer's quarterly return of income tax withheld. Such employer who, at his option, makes such payment for the third month of a calendar quarter on or before the twentieth day of the following month, shall have until the twentieth day of the second month following the close of each calendar quarter to file such employer's quarterly return of income tax withheld.
(e) The payments shall be on a form or forms furnished by or obtainable upon request from the Administrator, setting forth the amount of tax deducted for the month. A receipted copy of such form shall be returned to the employer to be attached to and filed with the employer's quarterly return of income tax withheld.
(f) Provided, however, that no person shall be required to withhold the taxes on the wages or other compensation paid to the taxpayer if such person is not required to so withhold taxes on wages or other compensation by the Internal Revenue Service of the United States.
(Ord. 225. Passed 12-6-79.)