(A) (1) A taxpayer shall file an amended return with the Tax Administrator in such form as the Tax Administrator requires if any of the facts, figures, computations or attachments required in the taxpayer’s annual return to determine the tax due levied by the village in accordance with this subchapter must be altered.
(2) Within 60 days after the final determination of any federal or state tax liability affecting the taxpayer’s municipal tax liability, that taxpayer shall make and file an amended municipal return showing income subject to the municipal income tax based upon such final determination of federal or state tax liability, and pay any additional municipal income tax shown due thereon or make a claim for refund of any overpayment, unless the tax or overpayment is $10 or less.
(3) If a taxpayer intends to file an amended consolidated municipal income tax return, or to amend its type of return from a separate return to a consolidated return, based on the taxpayer’s consolidated federal income tax return, the taxpayer shall notify the Tax Administrator before filing the amended return.
(B) (1) In the case of an underpayment, the amended return shall be accompanied by payment of any combined additional tax due together with any penalty and interest thereon. If the combined tax shown to be due is $10 or less, such amount need not accompany the amended return. Except as provided under division (B)(2) below, the amended return shall not reopen those facts, figures, computations, or attachments from a previously filed return that are not affected, either directly or indirectly, by the adjustment to the taxpayer’s federal or state income tax return unless the applicable statute of limitations for civil actions or prosecutions under § 37.210 has not expired for a previously filed return.
(2) The additional tax to be paid shall not exceed the amount of tax that would be due if all facts, figures, computations and attachments were reopened.
(C) (1) In the case of an overpayment, a request for refund may be filed under this division (C) within the period prescribed by § 37.210(E) for filing the amended return even if it is filed beyond the period prescribed in that division if it otherwise conforms to the requirements of that division. If the amount of the refund is $10 or less, no refund need be paid by the village to the taxpayer. Except as set forth in division (C)(2) below, a request filed under this division (C)(1) shall claim refund of overpayments resulting from alterations to only those facts, figures, computations or attachments required in the taxpayer’s annual return that are affected, either directly or indirectly, by the adjustment to the taxpayer’s federal or state income tax return unless it is also filed within the time prescribed in § 37.145. Except as set forth in division (C)(2) below, the request shall not reopen those facts, figures, computations or attachments that are not affected, either directly or indirectly, by the adjustment to the taxpayer’s federal or state income tax return.
(2) The amount to be refunded shall not exceed the amount of refund that would be due if all facts, figures, computations and attachments were reopened.
(Ord. 1507-15, passed 11-2-2015)