(a) Each employer within or doing business within the Village shall deduct, at the time of the payment of such income, qualifying wages, commission or other compensation, the tax rate as established in Section 890.03 per year of the income, qualifying wages, commissions or other compensation due by such employer to such employee and shall, on or before the twentieth day of each month, make a return and pay to the Administrator the amount of taxes so deducted during the previous month. However, if the amount of the tax so deducted by any employer averaged less than one hundred dollars ($100.00) per month in the previous 12-month tax year, the employer may defer the filing of a return and payment of the amount deducted until the twentieth day of the month following the end of the calendar quarter for which taxes have been withheld. Such approval for quarterly filings and payments may be withdrawn by the Administrator when it is in the best interest of the Village to do so.
(b) The returns 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.
(c) Such employer in collecting the tax shall be deemed to hold the same until payment is made by such employer to the Village as a trustee for the benefit of the Village, and any such tax collected by such employer from his employees shall, until the same is paid to the Village, be deemed a trust fund in the hands of such employer.
(d) No person shall be required to withhold the tax on wages or other compensation paid domestic servants employed by him exclusively in or about such person's residence, even though such residence is in the Village, but such employee shall be subject to all of the requirements of this chapter.
(e) On or before February 28 of each year, beginning with the year 1986, each employer shall file a withholding return setting forth the names, addresses, and social security numbers of all employees from whose compensation the tax was withheld during the preceding calendar year, the amount of tax withheld from his or her employees and such other information as may be required by the Administrator. All payments not subject to withholding shall be reported on a form required by the Administrator.
(f) On or before February 28 of each year all individuals, businesses, employers, brokers or other who engage persons, either on a fee or commission basis or as independent contractors and not employees (those who are not subject to withholding) must provide the Village with copies of all 1099 miscellaneous income forms and/or a list of names, addresses, social security numbers or Federal identification numbers and a total amount of earnings, payments, bonuses, commissions and/or fees paid to each person.
(g) All employers that provide any contractual service within the Village, and who employ subcontractors in conjunction with that service shall, prior to commencement of the service, provide the Village the names, addresses, and Federal identification numbers of the subcontractors. The subcontractors shall be responsible for all income tax employer requirements under this chapter.
(h) The officer or employee having control or supervision, or charged with the responsibility of withholding the tax, filing the return and/or making the payment, shall be personally liable for the failure to file the return or pay the tax 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 a return or pay taxes due.
(Ord. 2007-23. Passed 6-19-07; Ord. 2009-32. Passed 1-5-10.)