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The Village will grant a credit against its tax on income to a resident of the Village who works in a joint economic development zone created under Ohio R.C. 715.691 or a joint economic development district created under Ohio R.C. 715.71, or 715.72 to the same extent that it grants a credit against its tax on income to its residents who are employed in another municipal corporation, pursuant to Section 891.091. This credit is not applicable to residents of the Village working in the Village of Walton Hills - Sagamore Hills Township Joint Economic Development District or any other joint economic development district in which the Village is a partner or participant, as such joint economic development districts are considered part of the Village for purposes of this chapter, thus not subjecting residents of the Village to multiple municipal income taxes on said income.
(Ord. 2015-6. Passed 11-17-15.)
(a) Income tax that has been deposited or paid to the Village, but should have been deposited or paid to another municipal corporation, is allowable by the Village as a refund, but is subject to the three-year limitation on refunds as provided in Section 891.106.
(b) Income tax that should have been deposited or paid to the Village, but was deposited or paid to another municipal corporation, is subject to collection and recovery by the Village. To the extent a refund of such tax or withholding is barred by the limitation on refunds as provided in Section 891.106, the Village will allow a non-refundable credit equal to the tax or withholding paid to the other municipality against the income tax the Village claims is due. If the Village's tax rate is higher, the tax representing the net difference of the tax rates is also subject to collection by the Village, 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 Section 891.106.
(d) Nothing in this section requires the Village to allow credit for tax paid to another municipal corporation if the Village has reduced credit for tax paid to another municipal corporation. Section 891.091 regarding any limitation on credit shall prevail.
(Ord. 2015-6. Passed 11-17-15.)
(a) (1) A. An annual Village municipal income tax return must be completed and filed by every taxpayer for any taxable year for which the taxpayer is subject to the tax, regardless of whether or not income tax is due.
B. Any person who has no income taxable by the Village need not file an annual return and shall be considered exempt. Any person who has exempt income must certify on a form to be prescribed by the Tax Administrator that such person's income is exempt and declare the nature of the exemption. The person that is exempt, and thereafter begins receiving income subject to taxation by the Village, must inform the Tax Administrator, in writing, within 30 days of beginning to receive such income.
(2) The Tax Administrator will accept on behalf of all nonresident and resident individual taxpayers a return filed by an employer, agent of an employer, or other payer located in the Village under Section 891.061(c) when the nonresident or resident individual taxpayer's sole income subject to the tax is the qualifying wages reported by the employer, agent of an employer, or other payer, and no additional tax is due to the Village.
(3) All resident individual taxpayers, who turn 18 years of age during the tax year or are older than 18, are required to file an annual municipal income tax return with the Village, regardless of income or liability.
(b) If an individual is deceased, any return or notice required of that individual must be completed and filed by that decedent's executor, administrator, or other person charged with the property of that decedent.
(c) If an individual is unable to complete and file a return or notice required by the Village in accordance with this chapter, the return or notice required of that individual must be completed and filed by the individual's duly authorized agent, guardian, conservator, fiduciary, or other person charged with the care of the person or property of that individual. Such duly authorized agent, guardian, conservator, fiduciary, or other person charged with the care of the person or property of that individual must provide, with the filing of the return, appropriate documentation to support that such representative is authorized to file a return or notice on behalf of the taxpayer. This notice shall include any legally binding authorizations, and contact information including name, address, and phone number of the duly authorized agent, guardian, conservator, fiduciary, or other person.
(d) Returns or notices required of an estate or a trust shall be completed and filed by the fiduciary of the estate or trust. Such fiduciary shall provide, with the filing of the return, appropriate documentation to support that they are authorized to file a return or notice on behalf of the taxpayer. This notice must include any legally binding authorizations, and contact information, including name, address, and phone number of the fiduciary.
(e) Spouses may file a joint return.
(f) (1) Each return required to be filed under this section must contain the signature of the taxpayer or the taxpayer's duly authorized agent and of the person who prepared the return for the taxpayer, and must include the taxpayer's social security number or taxpayer identification number. Each return must be verified by a declaration under penalty of perjury.
(2) A taxpayer who is an individual is required to include, with each annual return, amended return, or request for refund required under this section, copies of only the following documents: all of the taxpayer's Internal Revenue Service Form W-2, "Wage and Tax Statements," including all information reported on the taxpayer's Federal W-2, as well as taxable wages reported or withheld for any municipal corporation; the taxpayer's Internal Revenue Service Form 1040; and, with respect to an amended tax return or refund request, any other documentation necessary to support the refund request or the adjustments made in the amended return. An individual taxpayer who files the annual return required by this section electronically is not required to provide paper copies of any of the foregoing to the Tax Administrator unless the Tax Administrator requests such copies after the return has been filed.
(3) A taxpayer that is not an individual is required to include, with each annual net profit return, amended net profit return, or request for refund required under this section, copies of only the following documents: the taxpayer's Internal Revenue Service Form 1041, Form 1065, Form 1120, Form 1120-REIT, Form 1120F, or Form 1120S, and, with respect to an amended tax return or refund request, any other documentation necessary to support the refund request or the adjustments made in the amended return.
(4) A taxpayer that is not an individual and that files an annual net profit return electronically through the Ohio Business Gateway or in some other manner shall either mail the documents required under this division to the Tax Administrator at the time of filing or, if electronic submission is available, submit the documents electronically through the Ohio Business Gateway or a portal provided by the Village.
(5) After a taxpayer files a tax return, the Tax Administrator will request, and the taxpayer must provide, any information, statements, or documents required by the Village to determine and verify the taxpayer's municipal income tax liability. The requirements imposed under division (f) of this section apply regardless of whether the taxpayer files on a generic form or on a form prescribed by the Tax Administrator.
(6) Any other documentation, including schedules, other municipal income tax returns, or other supporting documentation necessary to verify credits, income, losses, or other pertinent factors on the return must also be included to avoid delay in processing, or disallowance by the Tax Administrator of undocumented credits or losses.
(g) (1) A. Except as otherwise provided in this chapter, each individual income tax return required to be filed under this section shall be completed and filed as required by the Tax Administrator on or before the date prescribed for the filing of State individual income tax returns under Ohio R.C. 5747.08(G). The taxpayer shall complete and file the return or notice on forms prescribed by the Tax Administrator or on generic forms, together with remittance made payable to the Village.
B. Except as otherwise provided in this chapter, each annual net profit income tax return required to be filed under this section by a taxpayer that is not an individual must be completed and filed as required by the Tax Administrator on or before the fifteenth day of the fourth month following the end of the taxpayer's taxable year or period. The taxpayer must complete and file the return or notice on forms prescribed by the Tax Administrator or on generic forms, together with remittance made payable to the Village.
C. In the case of individual income tax return required to be filed by an individual, and net profit income tax return required to be filed by a taxpayer who is not an individual, no remittance is required if the amount shown to be due is ten dollars ($10.00) or less.
(2) If the Tax Administrator considers it necessary in order to ensure the payment of the tax imposed by the Village in accordance with this chapter, the Tax Administrator may require taxpayers to file returns and make payments otherwise than as provided in this section, including taxpayers not otherwise required to file annual returns.
(h) (1) For taxable years beginning after 2015, the Village shall not require a taxpayer to remit tax with respect to net profits if the amount due is ten dollars ($10.00) or less.
(2) Any taxpayer not required to remit tax to the Village for a taxable year pursuant to division (h)(1) of this section is required to file with the Village an annual net profit return under divisions (f)(3) and (4) of this section.
(i) (1) The date of the postmark on the cover of any report, claim, statement, or other document required to be filed, or any payment required to be made, to or with the Tax Administrator or the Village, will be deemed the date of delivery or payment. “The date of postmark” means, in the event there is more than one date on the cover, the earliest date imprinted on the cover by the Postal Service.
(2) If a payment is made by electronic funds transfer, the payment is considered to be made when the payment is credited to an account designated by the Tax Administrator for the receipt of tax payments, except that, when a payment made by electronic funds transfer is delayed due to circumstances not under the control of the taxpayer, the payment is considered to be made when the taxpayer submitted the payment. For purposes of this section, “submitted the payment” means the date which the taxpayer has designated for the delivery of payment, which may or may not be the same date as the date the payment was initiated by the taxpayer.
(j) The amounts withheld for the Village by an employer, the agent of an employer, or other payer as described in Section 891.061 will be allowed to the recipient of the compensation as credits against payment of the tax imposed on the recipient unless the amounts withheld were not remitted to the Village and the recipient colluded with the employer, agent, or other payer in connection with the failure to remit the amounts withheld.
(k) Each return required by the Village to be filed in accordance with this section will include a box that the taxpayer may check to authorize another person, including a tax return preparer who prepared the return, to communicate with the Tax Administrator about matters pertaining to the return. The return or instructions accompanying the return will state that by checking the box the taxpayer authorizes the Tax Administrator to contact the preparer or other person concerning questions that arise during the examination or other review of the return and authorizes the preparer or other person only to provide the Tax Administrator with information that is missing from the return, to contact the Tax Administrator for information about the examination or other review of the return or the status of the taxpayer's refund or payments, and to respond to notices about mathematical errors, offsets, or return preparation that the taxpayer has received from the Tax Administrator and has shown to the preparer or other person. Authorization by the taxpayer of another person to communicate with the Tax Administrator about matters pertaining to the return does not preclude the Tax Administrator from contacting the taxpayer regarding such matters.
(l) The Tax Administrator will accept for filing a generic form of any income tax return, report, or document required by the Village in accordance with this chapter, provided that the generic form, once completed and filed, contains all of the information required by ordinances, resolutions, or rules adopted by the Village under this chapter, and provided that the taxpayer or tax return preparer filing the generic form otherwise complies with the provisions of this chapter governing the filing of returns, reports, or documents.
(m) When income tax returns, reports, or other documents require the signature of a tax return preparer, the Tax Administrator will accept a facsimile of such a signature in lieu of a manual signature.
(n) (1) As used in this division, "worksite location" has the same meaning as in Section 891.062.
(2) A person may notify the Tax Administrator that the person does not expect to be a taxpayer with respect to the Village for a taxable year if both of the following conditions apply:
A. The person was required to file a tax return with the Village for the immediately preceding taxable year because the person performed services at a worksite location within the Village, and the person has filed all appropriate and required returns and remitted all applicable income tax and withholding payments as provided by this chapter. The Tax Administrator is not required to accept an affidavit from a taxpayer who has not complied with the provisions of this chapter.
B. The person no longer provides services in the Village, and does not expect to be subject to the Village's income tax for the taxable year. The person must provide the notice in a signed affidavit that briefly explains the person's circumstances, including the location of the previous worksite location and the last date on which the person performed services or made any sales within the Village. The affidavit also must include the following statement: "The affiant has no plans to perform any services within the Village, make any sales in the Village, or otherwise become subject to the tax levied by the Village during the taxable year. If the affiant does become subject to the tax levied by the Village for the taxable year, the affiant agrees to be considered a taxpayer and to properly register as a taxpayer with the Village, if such a registration is required by the Village's resolutions, ordinances, or rules." The person must sign the affidavit under penalty of perjury.
C. If a person submits an affidavit described in division (n)(2) of this section, the Tax Administrator shall not require the person to file any tax return for the taxable year unless the Tax Administrator possesses information that conflicts with the affidavit or if the circumstances described in the affidavit change, or the taxpayer has engaged in activity which results in work being performed, services provided, sales made, or other activity that results in municipal taxable income reportable to the Village in the taxable year. It is the responsibility of the taxpayer to comply with the provisions of this chapter relating to the reporting and filing of municipal taxable income on an annual municipal income tax return, even if an affidavit has been filed with the Tax Administrator for the taxable year. Nothing in division (n) of this section prohibits the Tax Administrator from performing an audit of the person.
(o) If a payment under this chapter is made by electronic funds transfer, the payment shall be considered to be made on the date of the timestamp assigned by the first electronic system receiving that payment.
(Ord. 2015-6. Passed 11-17-15; Ord. 2016-16. Passed 12-20-16.)
(a) Each member of the national guard of any state and each member of a reserve component of the Armed Forces of the United States called to active duty pursuant to an executive order issued by the President of the United States or an act of the Congress of the United States, and each civilian serving as support personnel in a combat zone or contingency operation in support of the Armed Forces, may apply to the Tax Administrator for both an extension of time for filing of the return and an extension of time for payment of taxes required by the Village in accordance with this chapter during the period of the member's or civilian's duty service and for 180 days thereafter. The application shall be filed on or before the one hundred eightieth day after the member's or civilian's duty terminates. An applicant shall provide such evidence as the Tax Administrator considers necessary to demonstrate eligibility for the extension.
(b) (1) If the Tax Administrator ascertains that an applicant is qualified for an extension under this section, the Tax Administrator will enter into a contract with the applicant for the payment of the tax in installments that begin on the one hundred eighty-first day after the applicant's active duty or service terminates. Except as provided in division (b)(3) of this section, the Tax Administrator may prescribe such contract terms as the Tax Administrator considers appropriate.
(2) If the Tax Administrator ascertains that an applicant is qualified for an extension under this section, the applicant may not be required to file any return, report, or other tax document nor be required to pay any tax otherwise due to the Village before the one hundred eighty-first day after the applicant's active duty or service terminates.
(3) Taxes paid pursuant to a contract entered into under division (b)(1) of this section are not delinquent. The Tax Administrator may not require any payments of penalties or interest in connection with those taxes for the extension period.
(c) (1) Nothing in this division denies to any person described in this division the application of divisions (a) and (b) of this section.
(2) A. A qualifying taxpayer who is eligible for an extension under the Internal Revenue Code will receive both an extension of time in which to file any return, report, or other tax document and an extension of time in which to make any payment of taxes required by the Village in accordance with this chapter. The length of any extension granted under division (c)(2)A. of this section shall be equal to the length of the corresponding extension that the taxpayer receives under the Internal Revenue Code. As used in this section, "qualifying taxpayer" means a member of the national guard or a member of a reserve component of the Armed Forces of the United States called to active duty pursuant to either an executive order issued by the President of the United States or an act of the Congress of the United States, or a civilian serving as support personnel in a combat zone or contingency operation in support of the Armed Forces.
B. Taxes the payment of which is extended in accordance with division (c)(2)A. of this section are not delinquent during the extension period. Such taxes become delinquent on the first day after the expiration of the extension period if the taxes are not paid prior to that date. The Tax Administrator may not require any payment of penalties or interest in connection with those taxes for the extension period. The Tax Administrator may not include any period of extension granted under division (c)(2)A. of this section in calculating the penalty or interest due on any unpaid tax.
(d) For each taxable year to which divisions (a), (b), or (c) of this section may apply to a taxpayer, the provisions of divisions (b)(2) and (3) or (c) of this section, as applicable, apply to the spouse of that taxpayer if the filing status of the spouse and the taxpayer is married filing jointly for that year.
(Ord. 2015-6. Passed 11-17-15.)
(a) Any taxpayer subject to municipal income taxation on the taxpayer's net profit from a business or profession may file any municipal income tax return or, estimated municipal income tax return, or extension for filing a municipal income tax return, and may make payment of amounts shown to be due on such returns, by using the Ohio Business Gateway.
(b) Any employer, agent of an employer, or other payer may report the amount of municipal income tax withheld from qualifying wages, and may make remittance of such amounts, by using the Ohio Business Gateway.
(c) This section does not affect the due dates for filing employer withholding tax returns or deposit of any required tax.
(d) The use of the Ohio Business Gateway by the Village, taxpayers, or other persons does not affect the legal rights of the Village or taxpayers as otherwise permitted by law.
(e) This section does not limit or remove the Village's authority to administer, audit, and enforce the provisions of its municipal income tax.
(Ord. 2015-6. Passed 11-17-15.)
(a) Any taxpayer that has duly requested an automatic six-month extension for filing the taxpayer's Federal income tax return will automatically receive an extension for the filing of a municipal income tax return. The extended due date of the municipal income tax return will be the fifteenth day of the tenth month after the last day of the taxable year to which the return relates.
(b) Any taxpayer that qualifies for an automatic Federal extension for a period other than six months for filing the taxpayer's Federal income tax return shall automatically receive an extension for the filing of a municipal income tax return. The extended due date of the municipal income tax return will be the same as that of the extended Federal income tax return.
(c) A taxpayer that has not requested or received a six-month extension for filing the taxpayer's Federal income tax return may request that the Tax Administrator grant the taxpayer a six-month extension of the date for filing the taxpayer's municipal income tax return. If the request is received by the Tax Administrator on or before the date the municipal income tax return is due, the Tax Administrator must grant the taxpayer's requested extension.
(d) An extension of time to file under this chapter is not an extension of the time to pay any tax due unless the Tax Administrator grants an extension of that date.
(e) If the State Tax Commissioner extends for all taxpayers the date for filing State income tax returns under Ohio R.C. 5747.08(G), a taxpayer will automatically receive an extension for the filing of a municipal income tax return. The extended due date of the municipal income tax return shall be the same as the extended due date of the State income tax return.
(Ord. 2015-6. Passed 11-17-15.)
(a) (1) A taxpayer is required to file an amended return with the Tax Administrator in such form as the Tax Administrator requires if any of the facts, figures, computations, or attachments required in the taxpayer's annual return to determine the tax due levied by the Village in accordance with this chapter must be altered.
(2) Within 60 days after the final determination of any Federal or State tax liability affecting the taxpayer's municipal tax liability, that taxpayer shall make and file an amended municipal return showing income subject to the municipal income tax based upon such final determination of Federal or State tax liability, and pay any additional municipal income tax shown due thereon or make a claim for refund of any overpayment, unless the tax or overpayment is ten dollars ($10.00) or less.
(3) If a taxpayer, who is otherwise permitted to do so under this chapter or under Ohio R.C. Chapter 718, intends to file an amended consolidated municipal income tax return, or to amend its type of return from a separate return to a consolidated return, based on the taxpayer's consolidated Federal income tax return, the taxpayer shall notify the Tax Administrator before filing the amended return.
(b) (1) In the case of an underpayment, the amended return must be accompanied by payment of any combined additional tax due together with any penalty and interest thereon. If the combined tax shown to be due is ten dollars ($10.00) or less, such amount need not accompany the amended return. Except as provided under division (b)(2) of this section, the amended return shall not reopen those facts, figures, computations, or attachments from a previously filed return that are not affected, either directly or indirectly, by the adjustment to the taxpayer's Federal or State income tax return unless the applicable statute of limitations for civil actions or prosecutions under Section 891.19 has not expired for a previously filed return.
(2) The additional tax to be paid may not exceed the amount of tax that would be due if all facts, figures, computations, and attachments were reopened.
(c) (1) In the case of an overpayment, a request for refund may be filed under this division within the period prescribed by Section 891.19(a)(1) for filing the amended return even if it is filed beyond the period prescribed in that division if it otherwise conforms to the requirements of that division. If the amount of the refund is ten dollars ($10.00) or less, no refund need be paid by the Village to the taxpayer. Except as set forth in division (c)(2) of this section, a request filed under this division shall claim refund of overpayments resulting from alterations to only those facts, figures, computations, or attachments required in the taxpayer's annual return that are affected, either directly or indirectly, by the adjustment to the taxpayer's Federal or State income tax return unless it is also filed within the time prescribed in Section 891.106. Except as set forth in division (c)(2) of this section, the request may not reopen those facts, figures, computations, or attachments that are not affected, either directly or indirectly, by the adjustment to the taxpayer's Federal or State income tax return.
(2) The amount to be refunded may not exceed the amount of refund that would be due if all facts, figures, computations, and attachments were reopened.
(Ord. 2015-6. Passed 11-17-15.)
(a) Upon receipt of a request for a refund, the Tax Administrator, in accordance with this section, shall refund to employers, agents of employers, other payers, or taxpayers, with respect to any income or withholding tax levied by the Village:
(1) Overpayments of more than ten dollars ($10.00);
(2) Amounts paid erroneously if the refund requested exceeds ten dollars ($10.00).
(b) (1) Except as otherwise provided in this chapter, returns setting forth a request for refund must be filed with the Tax Administrator, within three years after the tax was due or paid, whichever is later. Any documentation that substantiates the taxpayer's claim for a refund must be included with the return filing. Failure to remit all documentation, including schedules, other municipal income tax returns, or other supporting documentation necessary to verify credits, income, losses or other pertinent factors on the return will cause delay in processing, and/or disallowance of undocumented credits or losses.
(2) On filing of the refund request, the Tax Administrator will determine the amount of refund due and certify such amount to the appropriate Village official for payment. Except as provided in division (b)(3) of this section, the Tax Administrator will issue an assessment to any taxpayer whose request for refund is fully or partially denied. The assessment will state the amount of the refund that was denied, the reasons for the denial, and instructions for appealing the assessment.
(3) If the Tax Administrator denies in whole or in part a refund request included within the taxpayer's originally filed annual income tax return, the Tax Administrator will notify the taxpayer, in writing, of the amount of the refund that was denied, the reasons for the denial, and instructions for requesting an assessment that may be appealed under Section 891.24.
(c) A request for a refund that is received after the last day for filing specified in division (b) of this section will be considered to have been filed in a timely manner if any of the following situations exist:
(1) The request is delivered by the postal service, and the earliest postal service postmark on the cover in which the request is enclosed is not later than the last day for filing the request.
(2) The request is delivered by the postal service, the only postmark on the cover in which the request is enclosed was affixed by a private postal meter, the date of that postmark is not later than the last day for filing the request, and the request is received within seven days of such last day.
(3) The request is delivered by the Postal Service, no postmark date was affixed to the cover in which the request is enclosed or the date of the postmark so affixed is not legible, and the request is received within seven days of the last day for making the request.
(d) Interest will be allowed and paid on any overpayment by a taxpayer of any municipal income tax obligation from the date of the overpayment until the date of the refund of the overpayment, except that if any overpayment is refunded within 90 days after the final filing date of the annual return or 90 days after the completed return is filed, whichever is later, no interest will be allowed on the refund. For the purpose of computing the payment of interest on amounts overpaid, no amount of tax for any taxable year will be considered to have been paid before the date on which the return on which the tax is reported is due, without regard to any extension of time for filing that return. Interest will be paid at the interest rate described in Section 891.11(a)(4).
(e) As used in this section, "withholding tax" has the same meaning as in Section 891.11.
(Ord. 2015-6. Passed 11-17-15.)
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