(a) Requirement for Filing.
(1) Every person who anticipates any taxable income which is not subject to Section 890.06 or who engages in any business, profession, enterprise or activity subject to the tax imposed by Section 890.03 shall file a declaration setting forth such estimated income or the estimated profit or loss from such business activity, together with the estimated tax due thereon, if any. Provided, however, if a person's income is wholly from qualifying wages from which the tax will be withheld and remitted to this Municipality in accordance with Section 890.06, such person need not file a declaration, or if the tax due is one hundred dollars ($100.00) or less, the person need not file a declaration.
(2) In the case where a taxpayer has failed to file a declaration, the Tax Administrator, or his or her duly authorized agent, may estimate the income on behalf of the taxpayer and shall send to the taxpayer a statement of said estimate.
(b) Dates for Filing.
(1) Such declaration shall be filed on or before April 15 of each year during the life of this chapter, or on or before the fifteenth day of the fourth month following the date the taxpayer becomes subject to tax for the first time.
(2) Those taxpayers having a fiscal year or period differing from the calendar year shall file a declaration on or before the fifteenth day of the fourth month following the start of each fiscal year or period.
(c) Forms; Credit for Tax Withheld or Paid Another Community.
(1) Such declaration shall be filed upon a form furnished by or obtainable from the Tax Administrator or an acceptable generic form, and credit shall be taken for the Municipal tax to be withheld from any portion of such income. In accordance with the provisions of Section 890.11, credit may be taken for tax to be withheld and remitted to another taxing municipality.
(2) The original declaration (or any subsequent amendment thereof) may be increased or decreased on or before any subsequent quarterly payment date as provided for herein.
(3) For taxpayers who are individuals, such declaration of estimated tax to be paid the Municipality shall be accompanied by a payment of at least 22.5% of the estimated annual tax and at least a similar amount shall be paid on or before the last day of the seventh, tenth and thirteenth months after the beginning of the taxable year.
(4) For taxpayers that are not individuals, such declaration of estimated tax to be paid the Municipality shall be accompanied by a payment of at least 22.5% of the estimated annual tax and at least a similar amount shall be paid on or before the fifteenth day of the sixth, ninth and twelfth months after the beginning of the taxable year.
(5) The mere submission of a declaration estimating a tax liability shall not constitute filing unless accompanied by the required payment.
(6) A penalty, interest, or other similar assessment or charge shall not be imposed against a taxpayer for the late payment or nonpayment of estimated tax liability in either of the following circumstances:
A. The taxpayer is an individual who resides in the municipal corporation but was not domiciled there on the first day of January of the current calendar year.
B. The taxpayer has remitted, pursuant to division (d) of this section, an amount at least equal to 100% of the taxpayer's tax liability for the preceding year as shown on the return filed by the taxpayer for the preceding year, provided that the return for the preceding year reflected a 12-month period and the taxpayer filed a return for the preceding year.
(d) Amended Declaration.
(1) A declaration may be amended at any time.
(2) In the event that an amended declaration has been filed, the unpaid balance shown due thereon shall be paid in equal installments on or before the remaining payment dates.
(e) Annual Return Required. On or before the fifteenth day of the fourth month of the calendar or fiscal year, an annual return shall be filed and any balance which may be due the Municipality shall be paid therewith in accordance with the provisions of Section 890.05. If the taxpayer has paid more than the amount of tax to which the Municipality is entitled, a refund of the amount so overpaid may be made, or the same may be applied toward the declaration of tax due for the ensuing year. No amounts of less than three dollars ($3.00) will be refunded.
(Ord. 2004-52. Passed 12-20-04.)