(a) When a return is required to be made and filed. Each taxpayer, except as herein provided, shall, whether or not a tax is due thereon, make and file a return on or before April 15 of the year following the effective date of this chapter and on or before April 15 of each year thereafter. When the return is made for a fiscal year or other period different from the calendar year, the return shall be filed on or before the fifteenth day of the fourth month from the end of such fiscal year or period.
(b) Form and content of return. The return shall be filed with the Administrator on a form or forms furnished by or obtainable upon request from such Administrator, or on an acceptable generic form as defined in this chapter, setting forth:
(1) The aggregate amounts of salaries, wages, commissions and other compensation earned and/or received, and gross income from a business, profession or other activity, less allowable expenses incurred in the acquisition of such gross income earned during the preceding year and subject to said tax;
(2) The amount of tax imposed by this chapter on such earnings and profits; and
(3) Such other pertinent statements, information returns or other information as the Administrator may require, including but not limited to copies of all W-2 Forms, 1099 Miscellaneous Income Forms, page one of Form 1040, pages one through four of Form 1120, 1120S (including (K-1), 2106, 1065 (including K-1s), Schedule C (including cost of goods manufactured and/or sold), Schedule E, Schedule F and any other federal schedules, if applicable.
(c) Taxpayer; return. 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 shall have been deducted at the source pursuant to the provisions of § 890.07, or where any portion of said tax shall have been paid by the taxpayer pursuant to the provisions of § 890.08 or where an income tax has been paid to another municipality, credit for the amount so paid in accordance with § 890.17, 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 said return.
(d) Taxpayer; overpayment. A taxpayer who has overpaid the amount of tax to which the city is entitled under the provisions of this chapter may have such overpayment applied against any subsequent liability hereunder or, at his or her election indicated on the return, such overpayment (or part thereof) shall be refunded, provided that no additional taxes or refunds of less than $1 shall be collected or refunded.
(e) Extension of time for filing returns. The Administrator may extend the time for filing of the annual return upon the request of the taxpayer provided that a copy of the federal extension is filed with the Administrator on or before the original due date of the city tax return.
(1) For taxable years 2004 and later, the extended due date for individuals shall be the last day of the month following the month to which federal income tax due date has been extended. For businesses, if the extension is filed through the Ohio Business Gateway 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. If not filed through the Ohio Business Gateway 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. The Administrator may deny the extension if the taxpayer fails to file the request timely, fails to file a copy of the federal extension request, or if the taxpayer’s income tax account with the city is delinquent in any way.
(2) 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.
(3) No penalty or interest shall be assessed in those cases in which the return is filed and the final tax paid within the period as extended.
(f) Consolidated returns.
(1) Any affiliated group which files a consolidated return for federal income tax purposes pursuant to IRC § 1501 may file a consolidated return with the city.
(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 city constituting a portion only of its total business, the Administrator shall require such additional information as he or she may deem necessary to ascertain whether net profits are properly allocated to the city. If the Administrator finds that net profits are not properly allocated to the city by reason of transactions with stockholders or with 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 or she shall make such allocations as he or she deems appropriate to produce a fair and proper allocation of net profits to the city.
(g) Amended returns.
(1) Where 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, limitations, or both, contained in §§ 890.16 and 890.17. Such amended return 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.
(2) Within three months from the final determination of any federal tax liability affecting the taxpayer’s city tax liability, such taxpayer shall make and file an amended city return showing income subject to the city 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.
(h) Business losses. Each taxpayer may offset business losses against business net profits from any business conducted in the city or in any other municipality that does not levy an income tax on net profits therefrom. However, a loss from the operation of a business may not be used to offset the income on a taxpayer’s W-2 Form.
(i) Reporting a net loss; filing requirements. Any business, profession, association or corporation reporting a net loss is subject to the filing requirements of this chapter.
(j) Liability. The officer or employee of such employer having control or supervision or charged with the responsibility of filing the return and making the payment shall be personally liable for failure to file the return or pay the tax, penalties or interest due as required herein. The dissolution, bankruptcy or reorganization of any such employer does not discharge an officer’s or employee’s liability for a prior failure of such business to file the return or pay taxes, penalties or interest due.
(k) Failure to receive or procure. The failure of any employer, taxpayer or person to receive or procure a return, declaration or other required form shall not excuse him or her from filing any information return, tax return, declaration or other required form, or from paying the tax.
(Ord. 2007-217, passed 10-15-2007)