§ 38A.06 COLLECTION AT SOURCE.
   (A)   Each employer within or doing business within the village who employs one or more persons on a salary, wage, commission or other compensation or other income basis shall, at the time of the payment thereof, deduct the tax of 1% from the gross salaries, wages, commissions or other compensation or other income due by the employer to the employees for the salaries, wages, commissions or other compensation or other income earned within the village.
   (B)   Each such employer shall, on or before the last day of the month following each calendar quarter, make a return and remit to the village the tax hereby required to be withheld. Such return shall be on a form prescribed to be acceptable to the Administrator and shall be subject to the rules and regulations prescribed therefore by the Administrator. Such employer shall be liable for the payment of tax required to be deducted and withheld whether or not such taxes have in fact been withheld.
   (C)   On or before January 31 following any calendar year, such employer shall file with the Administrator an information return for each employee from whom village income tax has been or should have been withheld, showing the name, address, and social security number of the employee, the total amount of compensation paid during the year and the amount of village income tax withheld from such employee.
   (D)   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 or her employees shall, until the same is paid to the village, be deemed a trust fund in the hands of such employer.
(Ord. 623, passed 11-16-71; Am. Ord. 4-91, passed 7-1-91; Am. Ord. 1-92, passed 2-18-92; Am. Ord. 22-02, passed 9-3-02) Penalty, see § 10.99