(a) Except as herein provided each taxpayer shall, for years prior to taxable year 2004, whether or not a tax is due thereon, make and file a return on or before April 30 of the year following the effective date of this chapter (July 1, 1969), and on or before April 30 of each year thereafter, and on or before April 15th for taxable years 2004 and later. When the return is made for a fiscal year or other period different from the calendar year, the return shall be filed within four months from the end of such fiscal year or period for years prior to taxable year 2004, and within 105 days for taxable years 2004 and later. A retiree having no taxable income to the Village of Richfield shall be exempt from these filing requirements, and any subsequent filings, upon noting this exemption on the most recent annual return received by the retiree. Should a retiree subsequently receive income taxable to the Village of Richfield, the retiree shall again be required to comply with the provisions of this chapter, including the filing requirements.
(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 gross receipts from business, profession or other activity, less allowable expenses incurred in the acquisition of such gross receipts earned during the preceding year and subject to the tax, and for taxable years 2004 and later, less expenses allowable in the calculation of Adjusted Federal Taxable Income, and as further adjusted by audit;
(2) The amount of the tax imposed by this chapter on such earnings and profits; and
(3) Such other pertinent statements, information returns or other information as the Administrator requires, including but not limited to copies of all W-2 forms, 1099 Miscellaneous Income Forms, and all applicable federal schedules.
(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 filing of the Federal income tax return for taxable years prior to 2004. For taxable year 2004 the extended due date shall be the last day of the month following the month to which the due date of the federal income tax return has been extended. For taxable years subsequent to 2004 the extended due date shall be the last day of the month to which the due date of the federal income tax return has been extended. 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 extended. The Administrator may deny the extension if the taxpayer’s income tax account with the Village is delinquent in any way.
(d) Consolidated Returns.
(1) Any affiliated group which files a consolidated return for federal income tax purposes pursuant to section 1501 of the Internal Revenue Code, may file a consolidated return with the Village of Richfield. However, once the affiliated group has elected to file a consolidated return or a separate return with the village, the affiliated group may not change their method of filing in any subsequent tax year without written approval from the Village.
(2) In the case of a corporation that carried on transactions with its stockholders or with other corporations related by stock ownership, interlocking directorates or some other method, or in case any person operates a division, branch, factory, office, laboratory or activity within the Village of Richfield constituting a portion only of its total business, the Administrator shall require such additional information as he deems necessary to ascertain whether net profits are properly allocated the Village of Richfield. If the Administrator finds that the profits are not properly allocated the Village by reason of transactions with stockholders or other corporations related by stock ownership, interlocking directorates or transactions with such division, branch, factory, office, laboratory or activity, or by some other method, he shall make such allocation as he deems appropriate to produce a fair and proper allocation of net profits to the Village.
(e) Amended Returns.
(1) Where necessary an amended return must be filed in order to report additional income and pay an additional tax due, or claim a refund of tax overpaid, subject to the requirements, limitations or both, contained in Sections 191.09 and 191.10. Such amended return 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 the filing of the original return.
(2) Within three months from the final determination of any Federal tax liability affecting the taxpayer’s Village of Richfield 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 chapter.
(Ord. 17-2006. Passed 3-17-06.)