(A) Except as provided in this section, every retailer required or authorized to collect the tax imposed by this subchapter shall, on or before the last day of each calendar month, file a return for the preceding calendar month with the Village Clerk stating:
(1) The name of the retailer;
(2) The addresses of the retailer’s residence and principal place of business and the address of the principal place of business if that is a different address, from which the retailer sells tangible personal property in the village;
(3) The total amount of receipts received by the retailer during the preceding calendar month from sales of tangible personal property in the village by the retailer during the preceding calendar month;
(4) The total amount received by the retailer during the preceding calendar month on charge and time sales of tangible personal property in the village by the retailer before the month for which the return is filed;
(5) Deductions allowed by law;
(6) Receipts which were received by the retailer during the preceding calendar month and upon the basis of which the tax upon purchasers from the retailer is imposed;
(7) The amount of tax due;
(8) The amount of penalty due, if any; and
(9) Other reasonable information the Clerk may require.
(B) If the retailer’s average monthly liability with the Clerk does not exceed $20, the Clerk may authorize the retailer’s returns to be filed on an annual basis, with the return for a given year being due by January 31 of the following year. The annual returns, as to form and substance, shall be subject to the same requirements as monthly returns.
(C) Notwithstanding any other provision of this subchapter concerning the time in which a retailer may file a return, in the case of any retailer who ceases to engage in a kind of business which makes him or her responsible for filing returns under this subchapter, the retailer shall file a final return under this chapter with the Clerk not more than one month after discontinuing the business.
(D) Where the same person has more than one business registered with the Clerk under separate registrations under this subchapter, the person may not file each return that is due as a single return covering all such registered businesses, but shall file separate returns for each registered business.
(E) Where the retailer is a corporation, the return filed on behalf of the corporation shall be signed by the president, vice president, secretary or treasurer, the properly accredited agent of the corporation, the chief executive officer or highest ranking manager.
(F) Except as provided in this division (F), the retailer filing the return under this section shall, at the time of filing the return, pay the Clerk the amount of tax imposed by this chapter less a discount of 2% or $5 per calendar year, whichever is greater, which is allowed to reimburse the seller for the expenses incurred in collecting the tax, keeping records, preparing and filing returns, remitting the tax and supplying data to the Clerk on request. However, the discount of 2% or $5 shall not be allowed for any taxes not paid when due.
(G) All deposits shall be credited against the tax collector’s liabilities under this subchapter.
(H) If the tax collector’s average monthly liability to the Clerk under this subchapter was $4,000 or more during the preceding four complete calendar quarters, the tax collector shall file a return with the Clerk each month by the end of the month next following the month during which the liability is incurred and shall make payments to the Clerk on or before the last day of the month during which the liability is incurred in an amount equal to the tax collector’s actual liability for the month or in an amount set by the Clerk.
(I) The provisions of this section concerning the filing of an annual information return do not apply to a retailer who is not required to file an income tax return with the United States government.
(J) If the annual information return required by this section is not filed when and as required, the tax collector shall be liable for a penalty equal to 1/6% of the amount due from the tax collector during the period to be covered by the annual return for each month or fraction of a month until the return is filed as required, the penalty to be assessed and collected in the same manner as any other penalty provided for in this subchapter.
(K) The president, vice president, secretary, treasurer, chief executive officer, proprietor, owner or highest ranking manager shall sign any return required to be filed under this section to certify the accuracy of the information contained therein. Any person who willfully signs any such return containing false or inaccurate information shall be guilty of a violation of this subchapter and punished accordingly.
(L) Any retailer filing a return under this section also shall include, for the purpose of paying tax thereon, the total tax, if any, imposed upon him or her hereunder for the purchase or use of tangible personal property purchased by him or her at retail from a retailer, but as to which the tax imposed by this subchapter was not collected from the retailer filing the return and the retailer shall remit the amount of the tax to the Clerk when filing the return. The retailer will be entitled to the 2% or $5 discount provided in division (F) above, on the remittance, unless the retailer could have paid the tax to the seller of the property who was a registered tax collector for the village, instead of remitting the tax due directly to the Clerk.
(Prior Code, § 35.078) (Ord. 86-4, passed 7-28-1986) Penalty, see § 35.999