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Rentals received by the taxpayer are to be included only if and to the extent that the rental, ownership, management or operation of the real estate from which the rentals are derived (whether so rented, managed or operated by taxpayer individually or through agents or other representatives) constitutes a business activity of the taxpayer in whole or in part. Following are the circumstances under which, in any instance, the rental of any real property shall or shall not be deemed to be a business activity:
(a) Where the gross monthly rental of any and all real properties, regardless of number and value, aggregates in excess of $100 per month, it shall be prima facie evidence that the rental, ownership, management or operation of the properties is a business activity of the taxpayer, and the net income of the rental property shall be subject to tax; provided that in case of commercial property, the owner shall be considered engaged in a business activity when the rental is based on a fixed or fluctuating percentage of gross or net sales, receipts or profits of the lessee, whether or not the rental exceeds $100 per month; and provided, further, that in case of farm property, the owner shall be considered engaged in a business activity when he or she shares in the crops or when the rental is based on a percentage of the gross or net receipts derived from the farm, whether or not the gross income exceeds $100 per month; and provided, further, that the person who operates a rooming house shall be considered in business whether or not the gross income exceeds $100 per month.
(b) In determining the amount of gross monthly rental of any real property, periods during which (by reason of vacancy or any other cause) rentals are not received shall not be taken into consideration by the taxpayer.
(c) Rentals received by a taxpayer engaged in the business of buying and selling real estate shall be considered as part of business income.
(d) Real property, as the term is used in this chapter, shall include commercial property, residential property, farm property, and any and all other types of real estate.
(e) In determining the taxable net income from rentals, the deductible expense shall be of the same nature, extent and amount as are allowed by the Internal Revenue Service for federal income tax purposes. Passive losses as deemed by the IRS Code are not deductible in this determination.
(f) Residents of the city are subject to taxation upon net income from rentals, to the extent above specified, on all properties located in the city, and on all properties located outside the city, the net income of which is not subject to city income tax in the other community. In the case of residents of the city, if the net income of properties located outside the city is subject to city income tax in another community, then the taxpayer shall be allowed a credit for the amount paid by him or her on his or her behalf in the other municipality. This credit is to be applied only to the extent of the tax assessed by the city. Nonresidents of the city are subject to this taxation only if the real property is situated within the city. Nonresidents, in determining whether gross monthly rentals exceed $100 shall take into consideration only real estate situated within the city.
(g) Income from royalties or copyrights is not to be included.
(Ord. 43-2004, passed 12-20-2004)
(a) Exemptions, specific. The following income is exempt from the tax imposed by this chapter:
(1) Pay or allowance of active members of the Armed Forces of the United States and of members of their reserve components, including the Ohio National Guard. This exception includes not only the military pay and allowances received by the members themselves, but also military pay and allowances, such as dependency allowances, received by another person and by reason of the member's service. Any bonus or additional compensation paid to a person by the United States, State of Ohio, or any other state for active service in the Army, Navy or Air Force shall also be exempt from tax.
(2) The income of religious, fraternal, charitable, scientific, literary or educational institutions is exempt from the tax imposed by this chapter to the extent that the income is derived from tax-exempt real estate, tax-exempt tangible or intangible property or tax exempt activities, and only to the extent that the income is exempt from federal income tax. The income and profits of organizations exempt from federal income tax under § 501(a) of the Internal Revenue Code shall be exempt from taxation under this chapter.
(3) Payments for the relief of poverty, unemployment insurance benefits, old age pensions or similar payments, including permanent disability benefits received from local, state or federal government or charitable, religious or educational organizations, are exempt from the tax imposed by this chapter. The exempted benefits include all types of payments and allowances made or given by the governments or organizations for the relief or correction of poverty, unemployment, delinquency, problems of health or advanced age, lack of education and similar problems. The exempted benefits include but are not limited to: aid to dependent children and the aged; rent, food and clothing allowances or subsidies; job training allowances; Social Security and Medicare benefits; and workers' compensation benefits.
(4) Salaries and wages not considered received by the individual member but by the religious order of organization under a vow of poverty are exempt from the tax imposed by this chapter.
(5) Housing allowances for clergy to the extent that allowance is used to provide a home are exempt from the tax imposed by this chapter. The clergy must be duly ordained, commissioned or licensed by a religious body.
(6) Gratuities not in the nature of compensation for services rendered.
(7) Disability benefits (not under a wage continuation plan), including the proceeds of health and accident insurance and similar benefits received after an employee has reached the employer's minimum retirement age, and that is reported to the retired employee on federal Form 1099-R or its substantive equivalent.
(8) Inheritances.
(9) Scholarships and student grants-in-aid, but not fellowships described in § 880.03(a)(2)D.5.
(10) Death benefits, retirement benefits, payments from IRS qualified retirement plans or similar retirement plans and/or pensions, annuities and similar payments made to a retired employee or to the beneficiary of an employee under a retirement program or plan after termination of employment and retirement of the employee.
(11) Gifts not in connection with services rendered or work performed are exempt.
(12) Cash or property received under a will or under the Statute of Descent and Distribution is not taxable.
(13) Receipts by bona fide charitable, religious and educational organizations and associations, when those receipts are from seasonal or casual entertainment, amusement; sports events and health and welfare activities, when any such are conducted by charitable, religious or educational organizations or associations, are exempt from the tax imposed by this chapter. This exemption refers only to the receipts of the organization and not to the compensation of employees.
(14) Alimony received. Support payments made by one spouse for the benefit of the other spouse or children in connection with any divorce or separation, whether or not awarded by the court, shall be deemed "alimony" for purposes of this exemption.
(15) Personal earnings of any individual under 18 years of age are exempt from the tax imposed by this chapter. However, for the year in which they become 18, the individual is subject to tax from their birth date until the end of the year.
(16) Compensatory damages from personal injuries or otherwise is exempt from the tax imposed by this chapter. Punitive damages are not exempt from taxation.
(17) Gains from involuntary conversion, cancellation of indebtedness, interest on federal obligations, items of income already taxed by the State of Ohio which the city is specifically prohibited from taxing, and income of a decedent's estate during the period of administration (exempt income from the operation of a business) are exempt from the tax imposed by this chapter.
(18) Compensation paid under R.C. § 3501.28 or § 3501.36 to a person serving as a precinct election official, to the extent that the compensation does not exceed $1,000 annually.
(19) Salaries, wages, commissions, other compensation, other income and net profits, the taxation of which is prohibited by the United States Constitution or any Act of Congress limiting the power of the states or their political subdivisions to impose net income tax derived from interstate commerce, are exempt from the tax imposed by this chapter.
(20) Salaries, wages, commissions and other compensation, other income and net profits, the taxation of which is prohibited by the Constitution of the State of Ohio or any act of the Ohio General Assembly limiting the power of a municipality to impose net income taxes, are exempt from the tax imposed by this chapter.
(b) Exemptions, general. No person shall be exempt from the imposition of this income tax unless specifically excluded or exempted by the laws of the State of Ohio, the municipality's ordinances or these rules and regulations. Upon request of the Finance Director, any person who claims exemption from tax under this chapter shall provide detailed information to show the basis of the claim. The information shall be furnished 30 days after receipt of the request.
(Ord. 43-2004, passed 12-20-2004)
(a) Dates and requirements for filing.
(1) Each person residing in the city, 18 years of age or older, who engages in business or whose income, wages, salaries, commissions and other compensation are subject to the tax imposed by this chapter, shall, whether or not a tax be due thereon, file a return on or before April 15 of each year with the Finance Director on a form furnished by or obtainable from the Finance Director, or on other forms deemed acceptable by the Finance Director, setting forth the aggregate amount of income, wages, salaries, commissions and other compensation earned and/or received and/or net profits earned and/or gross income from the business, less allowable expenses, or the net profits earned and/or gross income from the business less allowable expenses in the acquisition of the gross income earned during the preceding year and subject to the tax, together with such other pertinent information as the Finance Director may require, including but not limited to copies of all W-2 forms, 1099 Miscellaneous Income forms and all applicable federal schedules. Retired persons whose income is derived solely from pensions, Social Security, interest or dividends need not file the annual tax return, provided a completed exemption form is on file with the Finance Director. When the return is made for a fiscal year or other period different from the calendar year, the return shall be made on or before the fifteenth day of the fourth month after the close of the fiscal year or other period.
(2) The taxpayer making the return shall, at the time of filing thereof, pay to the Finance Director the amount of tax shown to be due and unpaid by the return. No payment will be required for tax due less than $5. If, pursuant to the provisions of division (h) of this section, the taxpayer has at the time of making the final return overpaid his or her tax, the taxpayer shall show the amount of overpayment and may in the return either:
A. Request a refund thereof; or
B. Request that the amount thereof be credited against the amount which will be required to be paid by taxpayer on the next succeeding installment of tax which may become due.
(3) Where any portion of the tax otherwise due shall have been paid by the taxpayer pursuant to the provisions of divisions (c) and (g) of this section, or where an income tax has been paid to another municipality, pursuant to § 880.10, credit for the amount so paid 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 the final return.
(4) Upon written request of the taxpayer, the Finance Director may extend the time for filing the annual return for a period of not more than six months or not more than 30 days beyond any extension requested of and granted by the Federal Internal Revenue Department for the filing of the federal income tax return. 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 extension request may be made by filing a copy of the taxpayer's request for a federal filing extension, or by filing a written request. The Finance Director may deny the extension if the taxpayer's income tax account with the city is delinquent in any way.
(5) Items included on federal Form 2106 are eligible as deductions, subject to review and approval by the City Income Tax Office. To qualify for the deductions, eligible expenses shown on the Form 2106 must exceed 2% of the gross income taxable to the city. Only those expenses exceeding the 2% amount will be eligible for deduction. If submitting a Form 2106, the taxpayer must also submit a copy of the corresponding Schedule A. Deductions shall be allocated to the city and other municipalities in the same proportion that income has been allocated.
(6) When necessary, an amended return must be filed in order to report additional income and pay any additional tax due, or claim a refund of tax overpaid, subject to the requirements and/or limitations contained in §§ 880.08 and 880.10. Such amended returns shall be on a form obtainable on request from the Finance Director. A taxpayer may not change the methods of accounting (i.e., cash or accrual) or apportionment of net profits after the due date for the filing the original return.
(b) Reconciliation with federal return. In a form satisfactory to the Finance Director, there shall be submitted with each return filed by a taxpayer subject to the federal income tax, a reconciliation between the amount shown in the return filed with the Finance Director and the business income reported to the Federal Internal Revenue Department. If, as a result of a change made in business income by the Federal Internal Revenue Service, or by a judicial decision, an additional amount will result as owing to the city, a report of the change shall be filed by the taxpayer within 30 days after receipt of the final notice of the change from the federal authorities or after final decision of a court adjudicating any such federal income tax liability.
(c) Withholding collection at source.
(1) It is the duty of each employer (as hereinbefore defined) who employs one or more persons on a wage, salary, commission or other compensation or other income basis, to deduct, from compensation paid to any employee subject to this chapter, the tax of 1.25% of the income, wage, salary, commission or other compensation due by the employer to the employee.
A. The tax shall be deducted by the employer from:
1. All compensation paid to employees or deferred on behalf of employees who are nonresidents of the city for services rendered, work performed, or other activities engaged in to earn the compensation, within the city; and
2. From the gross amount of all income, wages, salaries, commissions or other compensation paid to employees or deferred on behalf of employees who are residents of the city, regardless of the place where the services are rendered.
B. If the taxes withheld by an employer for the city during the previous tax year averaged $400 per month or more, payments of tax withheld for the current tax year must be made on a monthly basis and shall be made on or before the last day of the month following the end of the month for which taxes were withheld.
C. If the taxes withheld by an employer for the city during the previous tax year averaged less than $400 per month, payments of tax withheld may be made quarterly on or before the last day of the month following the end of the quarter, subject to the approval of the Finance Director. The Finance Director may revoke the approval of quarterly filing and payments whenever he or she has reason to believe that the conditions for granting the authorization have changed, were judged incorrectly, were not met, or when it is in the best interest of the city to do so. Notice of withdrawal shall be made in writing, and in that case, the employer must begin to file in accordance with this section.
(2) All employers who or which maintain an office or other place of business in the city are required to make the collections and deductions specified in this section. Employers who do not maintain a permanent office or place of business in the city, but who are subject to tax on net profits under this chapter, are considered to be employers within the city subject to the requirement of withholding.
(3) The mere fact that the tax is not withheld will not relieve the employee of the responsibility of filing a return and paying the tax on the income received.
(4) All individuals, businesses, employers, brokers or others doing business who engage persons, either on a commission basis, or as independent contractors, subcontractors, or contract employees who are not subject to withholding, shall indicate the total amount of earnings, payments, commissions and bonuses to such as are residents of the city, or who do business in the city, on copies of federal Form 1099, or shall attach a list which shall indicate Social Security numbers, names, addresses and amounts paid.
(5) In the case of employees who are nonresidents of the city, the amount to be deducted is 1.25% of the compensation paid with respect to personal services rendered in the city. Where a nonresident receives compensation for personal services rendered or performed partly within and partly outside the city, the withholding employer shall deduct, withhold and remit that portion of the compensation which is earned within the city in accordance with the following rules of apportionment:
A. Employees compensated on an hourly, daily, weekly or monthly basis shall be subject to the tax imposed by this chapter as follows:
1. Deduction and withholding. The deduction and withholding shall attach to the personal service compensation for the exact amount of pay received for services performed in the city, when the exact amount of pay can be established. When the exact determination of amounts earned or derived in the city is possible, the income of employees who are compensated on an hourly, daily, weekly or monthly basis must be apportioned to the city by multiplying the gross income, wherever earned, from the employment, which includes employment carried on in the city, by a fraction, the numerator of which is the number of days spent working in the city and the denominator of which is the total working days, including holidays, vacation days, sick days and paid or unpaid leave, unless for travel outside the United States, not to exceed 260 days. In those cases, the taxpayer must add to both the numerator and the denominator those weekend days in which the taxpayer was required to work while outside of the United States. The result is the amount of the nonresident's income allocable to the city.
2. Apportionment where employee performs services in more than one municipality each day. In the case of an employee compensated hourly, daily, weekly or monthly, who regularly performs services in more than one municipality each day, income is apportioned to the particular municipality when multiplying the gross income, wherever earned, from the employment which includes employment carried on in the particular municipality, by a fraction, the numerator of which is the number of hours spent working in the particular municipality and the denominator of which is the total number of working hours.
B. If the nonresident is a salesperson, agent or other employee whose compensation on the basis of commissions depends directly on the volume of business transacted by him or her, the deducting and withholding shall attach to the portion of the entire compensation which the volume of business transacted by the employee within the city bears to the volume of business transacted by him or her within and outside the city.
C. The deducting and withholding of personal service compensation of all other employees, including officers of corporations, shall attach to the portion of the personal service compensation of the employee which the total number of working days employed within the city bears to the total number of working days employed within and outside the city.
D. If it is impossible to apportion the earnings as provided above because of the peculiar nature of the service of the employee, or the unusual basis of compensation, apportionment shall be made in accordance with the facts and the tax deducted and withheld accordingly.
(d) Returns of tax withheld.
(1) Each employer, on or before February 28, unless written request for 30-day extension is made to and granted by the Finance Director, following any calendar year in which the deductions have been made, or should have been made, by an employer, shall file with the Finance Director an information return (Shelby Withholding Statement of Wages Paid and Shelby Income Tax Withheld) for each employee from whom income tax has been or should have been withheld, showing the name and address of the employee, the total amount of income, wages, salaries, commissions and other compensation paid to the employee during the year and the amount of city income tax withheld from each employee.
(2) For corporations, a copy of the federal income tax return must accompany the city income tax return upon filing.
(3) For adjustment of errors in returns of tax withheld by employers see division (h) hereof.
(e) Limitation on credit for tax paid at source. The failure of any employer, residing either within or outside the city, to collect the tax and to make any return prescribed herein shall not relieve the employee from the payment of the tax in compliance with these regulations with respect to the making of returns and the payment of taxes.
(f) Status and liability of employers. The officers and/or the employees having control or supervision of or charged with the responsibility of filing the report and making payment are personally liable for failure to file the report or pay the tax due as required by this section. The dissolution, bankruptcy or reorganization of a corporation, association or other entity does not discharge an officer's or employee's liability for a prior failure of the corporation to file returns or pay tax due.
(g) Declarations of estimated tax.
(1) A declaration of estimated tax shall be filed by every taxpayer who will have taxable income during the year, the tax on which is not or will not be withheld in full or in part by an employer or employers. The declaration must be filed only if the estimate of tax that will not be withheld exceeds $100.
(2) All other taxpayers, as defined in this chapter and in these regulations, subject to the taxes imposed in § 880.03, and every taxpayer who anticipates any income or net profits not subject to withholding in whole or in part, shall file with the Finance Director a declaration of his or her estimated tax as provided in this division (g).
(3) Effective January 1, 2003, the declaration of estimated tax to be paid the city by taxpayers who are individuals shall be accompanied by a payment on of at least one-fourth of the declaration amount and at least a similar amount shall be paid on or before July 31 and October 31 of the taxable year, and January 31 of the following year.
(4) Effective January 1, 2003, the declaration of estimated tax to be paid to the city by corporations and associations shall be accompanied by a payment of at least one-fourth of the declaration amount 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.
(5) Those taxpayers reporting on a fiscal year basis shall file a declaration within 105 days after the beginning of each fiscal year or period.
(6) The declarations so required shall be filed upon a form furnished by or obtainable from the Finance Director, or on a generic form approved by the Finance Director. Any taxpayer who has filed an estimate for federal income tax purposes may, in making the declaration required hereunder, simply state therein that the figures therein contained are the same figures used by the taxpayer in making the declaration of his or her estimate for the federal income tax. However, in addition to that statement, any such taxpayer may, in the declaration, modify and adjust the declared income so as to exclude therefrom income which is not subject to tax under this chapter.
(7) Any estimate filed hereunder may be amended by the filing of an amendment at the time prescribed for the payment of any installment of tax paid in accordance with divisions (g)(8) and (g)(9) of this section.
(8) No penalties or interest shall be assessed for not filing a declaration or not making payments or making late payments, on any resident taxpayer who was not domiciled in the city on the first day of January in the year in which they became subject to estimated payments.
(9) No penalties or interest shall be assessed on estimated payments if the taxpayer has remitted an amount equal to 100% of the previous year's tax liability, provided that the previous year reflected a 12-month period, or if 90% of the actual liability has been received.
(h) Collection of deficiencies and allowance of credit for overpayments.
(1) If, as a result of investigation conducted by the Finance Director, a return is found to be incorrect, the Finance Director is authorized to assess and collect any underpayment of tax withheld at the source or any underpayment of tax owing by any taxpayer with respect to earnings or net profits, or both. If no return has been filed and a tax is found to be owing, the tax actually owing may be assessed and collected with or without the formality of obtaining a delinquent return from the employer or taxpayer.
(2) Should it be disclosed, either as a result of an investigation by the Finance Director or through the medium of the filing of a claim or petition for refund or credit, that an overpayment has been made, the Finance Director will refund the overpayment.
(3) The employer will in every instance be required to pay the full tax which should have been withheld, even though he or she may fail to withhold from the employee. If too much has been withheld, the excess shall be refunded by the employer to the employee. While the withholding agent (the employer) will be expected to maintain complete records of such adjustments with the employees, any such adjustment made during any month will not need to be reflected in the withholding return or disclosed by schedules or statements thereto attached.
(4) In those cases in which too much has been withheld by an employer from an employee and remitted to the Finance Director and there has been a termination of the employee-employer relationship, the taxpayer (the employee) may obtain an adjustment by application to the Finance Director.
(Ord. 43-2004, passed 12-20-2004; Ord. 47-2005, passed 12-5-2005; Ord. 6-2007, passed 5-7-2007)
(a) Collection of unpaid taxes.
(1) All taxes imposed by this chapter remaining unpaid when the same have become due, together with all interest and penalties thereon, become a debt due the city from the taxpayer, and are recoverable as other debts in suits instituted by the Director of Law.
(2) Employers who or which, although obligated under this chapter to withhold and remit to the Finance Director the taxes required to be withheld at the source, as set forth in § 880.07(c), shall fail to so withhold and/or remit, become liable to the city in an action in a court of law to enforce the payment of the debt created by the failure.
(3) When a final return is filed as prescribed in § 880.07 and a deficiency is determined to be due to the city, action to collect the same must be brought within three years after the tax was due or the return was filed, whichever is later. However, in the case of fraud, failure to file a return, or the omission of 25% or more of income required to be reported, prosecution may be commenced within six years after the commission of the offense.
(b) Refunds.
(1) Should it appear that any taxpayer has paid more than the amount of the tax to which the city is entitled under the provisions of this chapter, a refund of the amount so overpaid shall be made, provided a proper claim for refund of the overpayment of tax has been filed by the taxpayer, or the same may be applied toward the declaration of tax due for the ensuing year. Claims for refunds shall be made on forms prescribed by and obtainable from the Finance Director, or on a generic form approved by the Finance Director. Refunds for days worked out of the city are available only to nonresidents, and refunds shall be computed by dividing total wages by total days worked in order to determine an average daily wage. The work year shall be considered 260 days. Saturdays and Sundays shall not normally be considered work days. Wage continuation plans of any type, including but not limited to vacation days, holidays, personal days, and sick days, are deemed to be days spent in the city for purposes of a refund calculation. Additions, deletions or other changes to the method for calculating refunds shall be at the discretion of the Finance Director.
(2) All applications for refunds shall be made within three years of the due date of a final return, or three months after the determination of the federal income tax liability, whichever is later. However, the following shall apply regarding refunds of tax withheld from non-qualified deferred compensation plans (NDCP):
A. A taxpayer may be eligible for a refund if the taxpayer has suffered a loss from an NDCP. The loss will be considered sustained only in the taxable year in which the taxpayer receives the final distribution of money and property pursuant to the NDCP. Full loss is sustained if no distribution of money and property will be made by the NDCP.
B. A taxpayer who receives income as a result of payments from an NDCP, and that income is less than the amount of income deferred to the NDCP and upon which municipal tax was withheld, then a refund will be issued on the amount representing the difference between the deferred income that was taxed and the income received from the NDCP. If different tax rates applied to the tax years in which deferrals, a weighted average of the different tax rates will be used to compute the refund amount.
C. Refunds shall be allowed only if the loss is attributable to the bankruptcy of the employer who had established the NDCP, or the employee's failure or inability to satisfy all of the employer's terms and conditions necessary to receive the non-qualified compensation.
(3) Refunds for days worked out of the city are available only to nonresidents, and refunds shall be computed by dividing total wages by total days worked in order to determine an average daily wage. The work year shall be considered 260 days. Saturdays and Sundays shall not normally be considered work days. Wage continuation plans of any type, including but not limited to vacation days, holidays, personal days and sick days, are deemed to be days spent in the city for purposes of the refund calculation. Additions, deletions or other changes to the method for calculating refunds shall be at the discretion of the Finance Director.
(4) No refund will be made for an amount less than $5.
(5) Income tax that has been deposited with the city but should have been deposited with another municipality is allowable by the city as a refund but is subject to the three-year limitation on refunds. Income tax that should have been deposited with the city but was deposited with another municipality shall be subject to recovery by the city. The city will allow a non-refundable credit for any amount owed the city that is in excess of the amount to be refunded by the other municipality, as long as the tax rate of the other municipality is the same or higher than the city's tax rate. If the city's tax rate is higher, the tax representing the net difference of the rates is also subject to collection by the city.
(6) The Finance Director may sue for recovery of an erroneous refund, provided the suit is begun three years after making the refund, except that the suit may be brought within six years if any of the refund was induced by fraud or misrepresentation of material fact.
(c) Application of delinquent payments. Payments received for delinquent liabilities shall first be applied to unpaid penalty and interest assessments, beginning with the oldest year for which they are due, and then shall be applied sequentially to each subsequent year for which penalty and interest delinquencies exist. When penalty and interest delinquencies no longer remain, payments will be applied to delinquent taxes owed for any previous year(s), and will be applied in the order in which the taxes became due.
(Ord. 43-2004, passed 12-20-2004)
(a) Interest and penalties. All taxes imposed by this chapter, including taxes withheld or required to be withheld from wages by an employer and remaining unpaid after they have become due, shall bear interest on the amount of the unpaid tax at the rate of 1% of the amount of the unpaid tax for each month or fraction of a month, and the taxpayers upon whom the taxes are imposed, and the employers required by this chapter to deduct, withhold and pay taxes imposed by this chapter shall be liable, in addition thereto, to a penalty of 1% of the amount of the unpaid tax for each month or fraction of a month of nonpayment, or $50, whichever is the greater. Any business which fails to withhold taxes and/or file a completed return with the proper tax due shall be assessed an additional $200. The Finance Director may abate interest or penalties or both, and upon refusal to abate interest or penalties, or both, by the Finance Director, the Board of Review may nevertheless abate interest or penalties or both.
(b) Underpaying estimated taxes. There is a charge for underpaying the tax. When estimate tax payments are required, the penalty will attach when the amount actually paid and the amount that should have been paid of the estimated tax was less than 90% of the amount shown on the final return and did not equal at least 100% of the previous year's liability. Failure to pay 80% of tax due by February 28 of the following year will result in a penalty and interest charge on the entire remaining tax balance.
(c) Returned check fee. In addition to any other charges for interest and/or penalties which may be applicable, a charge of up to $50 shall be added to the tax due when any check in payment of taxes is returned unpaid by the bank. This charge is to offset the cost of additional bookkeeping and processing and is made irrespective of any charge which may be levied against the maker by his or her bank. Notice by the Finance Director to the taxpayer that a check has been returned unpaid is not required, nor is notice of the above charge required. The tender of payment shall not be considered as received as long as this charge has not been paid. Failure to replace the dishonored check by a valid payment within 30 days from the date the city received the unpaid check from the bank shall be considered cause for prosecution.
(d) Exceptions.
(1) No penalty shall be assessed on additional taxes found during an audit to be due when a return was timely filed in good faith and the tax paid thereon within 30 days of notification.
(2) In the absence of fraud neither a penalty nor interest shall be assessed on any additional taxes resulting from a federal audit for federal income tax purposes, provided an amended return is filed and the additional tax paid within three months after final determination of the federal tax liability. Such amended returns shall be on a form obtainable on request from the Administrator. A taxpayer may not change the method of accounting (i.e., cash or accrual) or apportionment of net profits after the due date for filing the original return.
(3) A taxpayer may not change the method of accounting (i.e., cash or accrual) or apportionment of net profits after the due date for filing the original return.
(4) A taxpayer or employer shall have 30 days after receipt of notice of any proposed imposition of interest and penalties within which to file a written protest or explanation with the Finance Director. If no protest or explanation is filed within the prescribed time, the proposed imposition of interest and penalties shall become and be the final assessment. Upon filing of a written protest or explanation the Finance Director shall determine the assessment, which may or may not be the same as the proposed assessment.
(e) Abatement. Upon recommendation of the Finance Director, the Board of Review may abate interest or penalties, or both, and upon appeal from the refusal of the Finance Director to so recommend, the Board of Review may nevertheless abate interest or penalty or both.
(f) Violations.
(1) The following shall be considered violations of this chapter:
A. Failing, neglecting or refusing to make any return or declaration required by this chapter;
B. Making any incomplete, false or fraudulent return;
C. Failing, neglecting or refusing to pay the tax, penalties or interest imposed by this chapter;
D. Failing, neglecting or refusing to withhold the tax from employees or to remit the withholding to the Finance Director;
E. Refusing to permit the Finance Director or any duly authorized agent or employee to examine books, records, papers and federal and state income tax returns relating to the income or net profits of a taxpayer;
F. Failing to appear before the Finance Director and to produce books, records, federal and state income tax returns, and papers relating to the income or net profits of a taxpayer under order or subpoena of the Finance Director;
G. Refusing to disclose to the Finance Director any information with respect to the income or net profits of a taxpayer;
H. Failing to comply with the provisions of this chapter or any order or subpoena of the Finance Director authorized hereby;
I. Attempting to do anything whatever to avoid the payment of the whole or any part of the tax, penalties or interest imposed by this chapter;
J. Giving to an employer false information as to his or her true name, correct Social Security number and residence address, or failing to promptly notify an employer of any change in residence address and the date thereof;
K. Failing to use ordinary diligence in maintaining proper records of employees' residence addresses, total wages paid and municipal tax withheld, or to knowingly give the Finance Director false information.
(2) Any person who violates any of the provisions of this section shall be subject to the penalty provided in § 880.99.
(g) Limitations on prosecution.
(1) Civil actions to recover municipal income taxes and penalties and interest on municipal income taxes shall be brought within three years after the tax was due or the return was filed, whichever is later.
(2) Prosecutions under this chapter shall be commenced within three years after the commission of the offense, provided that in the case of fraud, failure to file a return, or the omission of 25% or more of income required to be reported, prosecutions may be commenced within six years after the commission of the offense.
(h) Failure to receive forms no excuse. The failure of any employer or person to receive or procure a return, declaration or other required form shall not excuse him or her from making any informational return, return or declaration, filing a form or paying the tax.
(Ord. 43-2004, passed 12-20-2004; Ord. 49-2005, passed 12-5-2005)
Every individual taxpayer who resides in the city but who receives income, wages, salaries, commissions or other compensation for work done or services performed or rendered outside of the city, if it be made to appear that he or she has paid a municipal income tax on the income, wages, salaries, commissions or other compensation to another municipality, shall be allowed a credit against the tax imposed by this chapter of the amount so paid by him or her or in his or her behalf to the other municipality. For the tax year 2015 and forward, the credit shall not exceed 67% of the tax assessed by this chapter.
(Ord. 43-2004, passed 12-20-2004; Ord. 22-2014, passed 12-15-2014)
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