§ 40.084  CREDIT FOR TAX BEYOND STATUTE FOR OBTAINING REFUND.
   (A)   Income tax that has been deposited or paid to the Municipality, but should have been deposited or paid to another municipal corporation, is allowable by the Municipality as a refund, but is subject to the three-year limitation on refunds as provided in § 40.096 of this chapter.
   (B)   Income tax that should have been deposited or paid to the Municipality, but was deposited or paid to another municipal corporation, shall be subject to collection and recovery by the Municipality. To the extent a refund of such tax or withholding is barred by the limitation on refunds as provided in § 40.096, the Municipality will allow a non-refundable credit equal to the tax or withholding paid to the other municipality against the income tax the Municipality claims is due. If the Municipality's tax rate is higher, the tax representing the net difference of the tax rates is also subject to collection by the Municipality, along with any penalty and interest accruing during the period of nonpayment.
   (C)   No carry-forward of credit will be permitted when the overpayment is beyond the three-year limitation for refunding of same as provided in § 40.096 of this chapter.
   (D)   Nothing in this section requires a Municipality to allow credit for tax paid to another municipal corporation if the Municipality has reduced credit for tax paid to another municipal corporation. Section 40.081 of this chapter regarding any limitation on credit shall prevail.
(Ord. 15-27, passed 12-28-2015)