(A) Every employer making payment of compensation to an employee shall deduct and withhold from the compensation an occupational license fee calculated under § 110.03 of this chapter. Amounts withheld shall be paid to the city in accordance with this section.
(B) Every employer required to deduct and withhold fees under this section shall for the quarter ending after January 1 and for each quarter ending thereafter, on or before the end of the month following the close of each quarter, make a return and report to the city, and pay to the city, the fees required to be withheld under this section, unless the employer is permitted or required to report within a reasonable time after some other period as determined by the city. Notwithstanding the foregoing, any taxpayer whose gross payroll exceeds $150,000 per three-month quarter shall file returns on a monthly basis and shall pay to the city the tax liability due hereunder on a monthly basis for receipt on or before the fifteenth day of each month rather than on a quarterly basis.
(C) Every employer who fails to withhold or pay to the city any sums required by this chapter to be withheld and paid shall be personally and individually liable to the city for any sum or sums withheld or required to be withheld in accordance with the provisions of this section.
(D) The city shall have a lien upon all the property of any employer who fails to withhold or pay over to the city sums required to be withheld under this chapter. If the employer withholds, but fails to pay the amounts withheld to the city, the lien shall commence as of the date the amounts withheld were required to be paid to the city. If the employer fails to withhold, the lien shall commence at the time the liability of the employer is assessed by the city.
(E) Every employer required to deduct and withhold fees under this chapter shall annually on or before February 28 of each year complete and file on a form furnished or approved by the city a reconciliation of the occupational license fee withheld where compensation is paid or payable to employees. Either copies of federal forms W-2 and W-3, transmittal of wage and tax statements, or a detailed employee listing with the required equivalent information, as determined by the city, shall be submitted.
(F) Every employer shall furnish each employee a statement on or before January 31 of each year showing the amount of compensation and occupational license fee deducted by the employer from the compensation paid to the employee for payment to the city during the preceding calendar year.
(G) An employer shall be liable for the payment of the fees required to be deducted and withheld under this section.
(H) The president, vice president, secretary, treasurer, or any other person holding an equivalent corporate office of any business entity subject to this section shall be personally and individually liable, both jointly and severally, for any fee required to be withheld from compensation paid or payable to one or more employees of the business entity, and neither the corporate dissolution or withdrawal of the business entity from the city, nor the cessation of holding any corporate office, shall discharge that liability; provided that the personal and individual liability shall apply to each and every person holding the corporate office at the time the fee becomes or became obligated. No person shall be personally and individually liable under this division (H) unless such person had authority to collect, truthfully account for, or pay over the fee imposed by this chapter at the time that the fees imposed by this chapter become or became due.
(I) Not withstanding divisions (G) and (H) above, every employee receiving compensation in the city subject to the fee imposed under § 110.03 of this chapter shall be personally liable for any amount due. In all cases where the employer does not withhold the fee levied under this chapter from the employee, such employee or employees shall be responsible for filing with the city each quarter in the same manner as if they were the employer.
(Prior Code, § 110.05) (Ord. 2011-01, passed 1-10-2011; Ord. 2012-02, passed 4-5-2012)