(A) Income tax that has been deposited or paid to the village, but should have been deposited or paid to another municipal corporation, is allowable by the village as a refund, but is subject to the three-year limitation on refunds as provided in § 37.145.
(B) Income tax that should have been deposited or paid to the village, but was deposited or paid to another municipal corporation, shall be subject to collection and recovery by the village. To the extent a refund of such tax or withholding is barred by the limitation on refunds as provided in § 37.145, the village will allow a non-refundable credit equal to the tax or withholding paid to the other village against the income tax the village claims is due. If the village’s tax rate is higher, the tax representing the net difference of the tax rates is also subject to collection by the village, along with any penalty and interest accruing during the period of nonpayment.
(C) No carryforward of credit will be permitted when the overpayment is beyond the three-year limitation for refunding of same as provided in § 37.145.
(D) Nothing in this section requires a village to allow credit for tax paid to another municipal corporation if the village has reduced credit for tax paid to another municipal corporation. Section 37.125 regarding any limitation on credit shall prevail.
(Ord. 1507-15, passed 11-2-2015)