(a) All taxpayers, as described in Section 880.02 of the tax code, shall be required to complete and submit a registration form from the Department of Taxation.
(b) Each taxpayer who or which has income subject to the tax imposed by this chapter shall, whether or not a tax is due, file a completed tax return on or before April 15 of each year. If the tax return is for a fiscal year, it shall be filed on or before the fifteenth day of the fourth month from the end of such fiscal year. A tax return is considered to be timely filed if it is received or postmarked by the USPS on or before the due date.
(c) The return shall be filed with the Commissioner of Taxation on a form furnished by or obtainable upon request from such Commissioner setting forth, for the period indicated thereon:
(1) The aggregate amount of salaries, wages (including tips and gratuities), commissions and other compensation earned as defined at Section 880.02(v);
(2) The gross income from a business, profession or other activity less allowable expenses incurred in the acquisition of such gross income;
(3) The amount of tax imposed by this chapter on income reported;
(5) Such other pertinent statements, information returns or other data and information as the Commissioner may require.
(d) Commencing with tax returns for the year commencing on January 1, 1983, the net loss from a business entity and/or rental loss may not be used to offset salaries, wages, commissions or the net income from any other entity or activity. Each such loss may be carried forward to offset future income from the same entity for the same owner in accordance with Section 880.03(c). Each business profit that exceeds loss carry-forwards from the same entity must be included in taxable income.
(e) The income referred to in paragraphs (b)(1) and (b)(2) hereof shall include only income earned during the year, or portion thereof, covered by the return and subject to the tax imposed by this chapter.
(f) Extension of time for filing returns. Taxpayers granted extensions of time for filing their Federal Income Tax Returns have an extension for filing their City tax returns, provided that a copy of the federal extension is filed with the Commissioner on or before the original due date of the City return.
The extended date for filing the City return will be the last day of the month following the month to which the federal return was extended. Statutory interest of one percent (1%) per month (Section 880.10) or fraction thereof will be charged from the original due date of the return until the date of payment. The extension is for extending the due date of the tax return and does not extend the time for paying any tax due.
If a taxpayer wishes to extend the time for filing the City tax return to a date other than that provided by the automatic federal extension, the taxpayer must file such request in writing to the Commissioner prior to the due date of the automatic extension. The extension may be granted by the Commissioner upon terms and conditions set forth by him or her. A taxpayer's extension requested may be denied if the taxpayer is delinquent in the filing of any tax returns or payments of any taxes, penalties, or interest due.
The failure of a taxpayer to comply with paragraph (f)(1) or (2) hereof in obtaining an extension will result in a penalty and interest being assessed from the original due date of the return.
(g) The taxpayer making a return shall, at the time of filing thereof, pay to the Commissioner the balance of tax due, if any, after deducting:
(1) The amount of Municipal income tax deducted or withheld at the source pursuant to Section 880.06;
(2) Such portion of the tax as has been paid as an estimate by the taxpayer pursuant to Section 880.07; and
(3) Any credit allowable under the provisions of Section 880.15.
If the tax remaining due after the application of paragraphs (g)(1), (2) and (3) hereof is less than five dollars ($5.00), no remittance need be made.
(h) Should the return or the records of the Commissioner indicate an overpayment of the tax to which the City is entitled under the provisions of this chapter, such overpayment shall first be applied against any existing liability of the taxpayer and the balance, if any, at the election of the taxpayer communicated to the Commissioner, shall be refunded or carried forward to be used against any subsequent liability, provided that overpayment of less than five dollars ($5.00) shall not be refunded.
(i) 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 the requirements and/or limitations contained in Sections 880.11 and 880.15. Such amended returns shall be on a form obtainable on request from the Commissioner. A taxpayer may not change the method of accounting or apportionment of net profits after the due date for filing the original return.
(j) Within three months from the final determination of any Federal tax liability affecting the taxpayer's City tax liability, such taxpayer shall make and file an amended City return showing income subject to the City 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.
(k) All individuals, businesses, employers, brokers or others doing business who engage persons, either on a commission basis or as independent contractors, and who are not subject to withholding, shall provide to the Commissioner of Taxation the total amount of earnings, payments, commissions and bonuses to such persons who are residents of the City, or who do business in the City, providing the same information as is required on Federal Form 1099, which form can be used in lieu of a listing. Failure to provide the required information will result in the disallowance of the deduction claimed for such payments. The amount of such payments should be included in the allocation formula if said formula is used.
(l) All taxpayers shall indicate the total amount of payments made to any subcontractor or contract employee who did business in or is a resident of the City on the appropriate line of the City income tax return, and shall attach a list which shall indicate names, addresses, social security numbers and amounts paid. Failure to provide the required information will result in the disallowance of the deduction claimed.
(m) A partnership having an office or place of business in the City, or doing business in the City, shall file their annual tax return as a partnership entity and pay the tax due thereon. No deduction shall be allowed for payments to partners as reported on the Federal tax returns.
(n) The officer or employee of such employer having control or supervision or charged with the responsibility of filing the return and making the payment, shall be personally liable for failure to file the return or pay the tax, penalties, or interest due as required herein. The dissolution, bankruptcy or reorganization of any such employer does not discharge an officer or employee's liability for a prior failure of such business to file a return or pay taxes, penalties, or interest due.
(Ord. 94-58. Passed 11-22-94; Ord. 2004-5. Passed 2-12-04; Ord. 2006-44. Passed 11-9-06.)