(a) (1) Each employer within or doing business within the Village of South Amherst who employs one or more persons on a salary, wage, commission or other compensation basis shall, at the time of payment thereof, deduct the tax of one percent (1%) from the gross salaries, wages, commissions or other compensation earned by South Amherst residents regardless of where such compensation was earned and shall deduct the tax of one percent (1%) from the salaries, wages, commissions or other compensation earned within South Amherst by nonresidents.
(2) Notwithstanding the provisions of subsection (a)(1) hereof, where such employer employs a South Amherst resident in another taxing municipality requiring such employer to deduct its tax from all employees engaged therein, such employer shall withhold for and remit to the Village of South Amherst only the difference, if any, between the tax imposed by such other taxing municipality and the tax imposed by this chapter.
(3) Each such employer shall, on or before the last day of the month following each calendar quarter, make a return and remit to the Village of South Amherst the tax hereby required to be withheld. Such return shall be on a form or forms prescribed by or acceptable to the Administrator and shall be subject to the rules and regulations prescribed therefor 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 have in fact been withheld.
(4) On or before the 31st day of January following any calendar year such employer shall file with the Administrator an information return for each employee for whom South Amherst Income Tax has been, or should have been withheld, showing the name, address, and Social Security number of the employee, the total amount of compensation paid during the year and the amount of South Amherst income tax withheld from each employee.
(b) Such employer, in collecting said tax, shall be deemed to hold the same until payment is made by such employer to South Amherst as a trustee for the benefit of South Amherst, and any such tax collected by such employer from his employees shall, until the same is paid to South Amherst, be deemed a trust fund in the hands of such employer.
(Ord. 424. Passed 6-8-70.)