(a) The taxpayer making a return shall, at the time of the filing thereof, pay to the Administrator the amount of taxes shown as due thereon; provided, however, that where any portion of the tax so due has been deducted at the source pursuant to the provisions of Section 191.07(c), or where any portion of the tax has been paid by the taxpayer pursuant to the provisions of Section 191.07(f), or whether an income tax has been paid to another municipality or Joint Economic Development District, credit for the amount so paid in accordance with Section 191.10 shall be deducted from the amount shown to be due and only the balance, if any, shall be due and payable at the time of filing this return.
(b) A taxpayer who has overpaid the amount of tax to which the Village of Richfield is entitled under the provisions of this chapter may have such overpayment applied against any subsequent liability hereunder or, at his election, so indicated on the return, such overpayment, or part thereof, shall be refunded, provided that no additional taxes or refunds of less than one dollar and one-cent ($1.01) shall be collected or refunded.
(c) Collection at Source.
(1) In accordance with the rules and regulations prescribed by the Administrator, each employer within or doing business within the Village of Richfield shall deduct at the time of payment of such income, salary, wages, commissions or other compensation, the tax of two percent (2%) per annum of the gross receipts, income, salaries, wages, commissions or other compensation due by the employer to such employee and shall make a return and pay to the Administrator the amount of taxes so deducted, subject to the provisions of subsections (2)A., B., and (3) hereof. Such returns shall be on a form or forms prescribed by or 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 the tax required to be deducted and withheld whether or not such taxes in fact have been withheld.
(2) Such employer in collecting such tax shall be deemed to hold the same until payment is made by such employer to the Village of Richfield, as a trustee for the benefit of the Village and any such tax collected by such employer from his employees, shall, until the same is paid the Village be deemed a trust fund in the hands of such employer.
A. Such employer who deducts the tax in an amount of two hundred fifty dollars ($250.00) or more in any month shall, on or before the 20th day of the following month, pay to the Administrator the amount of taxes so deducted. Such employer shall then continue to deduct and remit taxes on a monthly basis. However, an employer required to file monthly can subsequently request permission of the Administrator in writing to file on a quarterly basis. The request shall include the employer’s justification for filing on a quarterly basis. The Administrator shall, in writing, approve or deny the request.
B. Such employer who makes payment on a quarterly basis shall pay such tax deducted by the 20th of the month following the end of the quarter.
(3) The payment shall be on a form or forms furnished by or obtainable from the Administrator upon request, setting forth the amount of tax deducted for the month or quarter.
(d) The employer of a domestic servant shall be required to withhold the tax on wages or other compensation paid domestic servants employed by him exclusively in such employer’s residence.
(e) All employers that provide any contractual service within the Village and who employ subcontractors in conjunction with that service, shall provide the Village the names and addresses of the subcontractors. The subcontractors shall be responsible for all income tax withholding requirements under this chapter.
(f) Declarations.
(1) Every person who anticipates any taxable income which is not subject to Section 191.07(c), or who engages in any business, profession, enterprise or activity subject to the tax imposed by Section 191.03, shall file a declaration setting forth such estimated income or the estimated profit or loss from such business activity together with the estimated tax due thereon. If a person’s income is wholly from wages from which the tax will be withheld and remitted to the Village of Richfield in accordance with Section 191.07(c), such person need not file a declaration.
(2) The declaration required by Section 191.07(f)(1) above shall be filed on or before April 30th of each year, and on or before April 15th for taxable years 2005 and later, during the effective period set forth in Section 191.03(b), except that no penalties or interest shall be assessed, for not filing a declaration, on any resident taxpayer who was not domiciled in the Village on the first day of January of the year in which they became subject to estimated payments, nor shall penalties or interest be assessed on estimated payments if the taxpayer has remitted an amount equal to one hundred percent of the previous year's tax liability, provided that the previous year reflected a twelve-month period.
(3) Those taxpayers reporting on a fiscal year basis shall file a declaration within four months after the beginning of each fiscal year and within 105 days for taxable years 2005 and later.
(4) The declaration required by Section 191.07(f) shall be filed upon a form furnished by or obtainable from the Administrator or on other forms deemed acceptable by the Administrator; provided, however, credit shall be taken for Village of Richfield tax to be withheld from any portion of such income. In accordance with the provisions of Section 191.10, credit may be taken for tax to be paid or to be withheld and remitted to another taxing municipality or Joint Economic Development District.
(5) The original declaration, or any subsequent amendment thereof, may be increased or decreased on or before any subsequent quarterly payment date as provided for herein.
(6) Such declaration of estimated tax to be paid to the Village by individuals shall be accompanied by a payment of at least one-fourth of 90% of the estimated annual tax and at least a similar amount shall be paid on or before July 31st and October 31st of the taxable year, and January 31st of following year. Provided, however, that in case an amended declaration has been filed, the unpaid balance shown due thereon shall be paid in equal installments on or before the remaining payment dates.
(7) Effective January 1, 2003, such declaration of estimated tax to be paid to the Village by corporations and associations shall be accompanied by a payment of at least one-fourth of ninety percent (90%) of the estimated annual tax and at least a similar amount shall be paid on or before June 15, September 15 and December 15. In the case of a fiscal year taxpayer the second, third, and fourth quarterly estimated payments shall be due on the fifteenth day of the sixth, ninth, and twelfth months of the taxable year, respectively.
(g) On or before the last day of the fourth month of the year following that for which such declaration or amended declaration was filed, and within 105 days for taxable years 2004 and later, an annual return shall be filed and any balance which may be due the Village shall be paid therewith in accordance with the provisions of Section 191.07(a) hereof.
(h) The Administrator may extend the time for filing of any return required, making of any payment or performing any other act required by Section 191.07 for a period of not to exceed six months beyond the original required date.
(Ord. 17-2006. Passed 3-17-06.)