(A) Unless otherwise exempted by the Tax Administrator, each taxpayer, except as herein provided, shall, whether or not a tax is due thereon, make and file a return on or before April 15 of the year following January 1, 2001, and on or before April 15 of each year thereafter. When the return is made for a fiscal year or other period different fromthe calendar year, the return shall be filed within 105 days from the end of such fiscal year or period.
(B) The return shall be filed with the Administrator on a form or forms furnished by or obtainable upon request from such Administrator or on other forms deemed acceptable by the Administrator setting forth:
(1) The aggregate amounts of income, salaries, wages, commissions and other compensation earned or received and the gross receipts from business, profession receipts. Such gross receipts shall include only gross receipts earned or received during the year, or portion thereof, covered by the return and subject to the tax imposed by this subchapter;
(3) Such other pertinent statements, information returns, or other information as the Administrator may require;
(4) All individuals, businesses, employers, brokers or others doing business in the village who engage persons, either on a commission basis, or as independent contractors, and are not subject to withholding, shall indicate the total amount of payments, commissions, and bonuses to such as are residents of the village or do business in the village, on the appropriate line of Schedule C of their village income tax returns, supported by Form 1099 attached, providing the same information as is required on Federal Form 1099;
(5) All contractors doing business in the village shall indicate the total amount of payments to any subcontractor or contract employees who did business in or is a resident of the village on the appropriate lines of Schedule C of their village income tax returns, and shall attach a list which shall indicate names, addresses and amounts paid. In addition, the subcontractors shall be responsible for all income tax withholding requirements under this chapter.
(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 one month beyond any extension requested of or granted by the Internal Revenue Service for the filing of the federal income tax return. The Administrator may require a tentative return, accompanied by payment of the amount of tax shown to be due thereon by the date the return is normally due. 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. The Administrator shall deny the extension if the taxpayer’s income tax account with the village is delinquent in any way.
(D) (1) The taxpayer making a return shall, at the time of the filing thereof, pay to the Administrator the balance of tax due, if any, after deducting the amount of village income tax deducted or withheld at the source pursuant to § 38A.06, such portion of the tax as has been paid on declaration by the taxpayer pursuant to § 38A.07, and any credit allowable under the provisions of this chapter.
(2) Should the return, or the records of the Administrator, indicate an overpayment of the tax to which the village is entitled under the provisions of this subchapter, such overpayment shall first be applied against any existing liability and the balance, if any, at the election of the taxpayer communicated to the Administrator, shall be refunded or transferred against any subsequent liability; provided, however, that overpayments of less than $5 need not be collected and shall not be refunded.
(E) Amended returns.
(1) 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 limitations contained in §§ 38A.11 and 38A.12. Such amended returns shall be on a form obtainable on request from the Administrator. A taxpayer may not change the method of accounting or apportionment of net profits after the due date for filing the original return.
(2) 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.
(F) Any business, profession, association or corporation reporting a net loss is subject to the filing requirements of this subchapter.
(Ord. 623, passed 11-16-71; Am. Ord. 633, passed 7-18-72; Am. Ord. 13-2001, passed 5-21-01; Am. Ord. 22-02, passed 9-3-02) Penalty, see § 10.99