(a) Except as otherwise herein provided, each taxpayer or person who engages in business as hereinbefore defined, or whose salaries, wages, commissions and other compensation, as defined in this chapter, are subject to the tax imposed by this chapter, shall, whether or not a tax is due thereon, make and file a return with the Commissioner of Taxation on or before April 15 of each year during the life of this chapter, or such other alternative date as may be specified by the Internal Revenue Service from year to year. When the return is made for a fiscal year or other period different from the calendar year, the return shall be filed before the fifteenth day of the fourth month from the end of such fiscal year or other period.
The Commissioner of Taxation is hereby authorized to provide by regulation, subject to the approval of the Board of Review, that the W-2 Form furnished by an employer or employers, showing the full amount of tax deducted by such employer or employers from the salaries, wages, commissions, or other compensation, required by Section 171.06 and paid by him or them to Waterville or other municipality or state, except the State of Ohio and any state having a reciprocity agreement with the State of Ohio, imposing a tax equal to or greater than Waterville income tax, on the same taxable income, shall be accepted as the return required of an employee under this chapter whose sole income subject to the tax or taxes under this chapter is such salary, wages, commissions, or other compensation.
(Ord. 11-04. Passed 10-11-04; Ord. 18-11. Passed 7-25-11.)
(b) The return shall be filed with the Commissioner on a form or forms furnished by or obtainable on request from the Commissioner, or on an acceptable generic form, setting forth for the period indicated thereon:
(1) A. The aggregate amount of salaries, wages, commissions, and other compensation earned or received; and
B. The gross income from a business, profession, or other activity, less allowable expenses incurred in the acquisition of such gross income to arrive at a net profit;
C. Such income shall include only income earned or received during the year, or portion thereof, covered by the return and subject to the tax imposed by this chapter;
(2) A. The amount of tax imposed by this chapter on income reported;
B. Any estimated payments or credits to which the taxpayer may be entitled under the provisions of Section 171.07 and
(3) Such other pertinent statements, information returns, or other data and information as the Commissioner may require.
(c) (1) The taxpayer making a return shall, at the time of filing thereof, pay to the Commissioner the balance of tax due, if any, after deducting:
A. The amount of municipal income tax deducted or withheld at the source pursuant to Section 171.06;
B. Such portion of the tax as has been paid on declaration by the taxpayer pursuant to Section 171.07;
C. Any credit allowable under the provisions of Section 171.15.
(2) Should the return or the records of the Commissioner indicate an overpayment of the tax to which Waterville is entitled under the provisions of this chapter, such overpayment shall first be applied against any existing liability of the taxpayer, and the balance, if any, at the election of the taxpayer communicated to the Commissioner, shall be refunded or transferred against any subsequent liability. However, overpayments of less than $5.00 shall not be refunded.
(3) Every taxpayer shall retain all records necessary to compute the correct tax liability for a period of five (5) years from the date the return is filed.
(d) Amended Return.
(1) Where necessary, an amended return must be filed in order to report additional income and pay any additional tax due, or claim a refund of tax overpaid subject to the requirements and/or limitations contained in Sections 171.11 and 171.15. Such amended returns shall be on a form obtainable on request from the Commissioner. A taxpayer may not change the method of accounting or apportionment of net profits after the due date for filing the original return.
(2) Within three months from the final determination of any federal tax liability affecting the taxpayer's Waterville tax liability, such taxpayer shall make and file an amended Waterville return showing income subject to the Waterville Tax based on such final determination of federal tax liability, and pay any additional tax shown due thereon or make claim for refund of any overpayment.
(e) Responsibility for Filing Annual or Amended Tax Return. The officer or employee of such employer having control or supervision or charged with the responsibility of filing the return and making the payment, shall be personally liable for 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.
(f) The Return Is Considered Filed When. A tax return is considered filed if mailed on the date postmarked by the United States Postal Service or on the date delivered without mailing to the Waterville tax office.
(g) Extension of Time for Filing Returns. Taxpayers granted extensions of time for filing their federal income tax returns may have an extension for filing their Waterville tax return provided that a copy of the federal extension is filed with the Commissioner on or before the original due date of the Waterville tax return.
The extended date for filing the Waterville return will be the last day of the month following the month to which the federal income tax has been extended. Statutory interest will be charged from the original due date of the return until date of actual payment. (O.R.C. 718.05)
If a taxpayer wishes to extend the time for filing Waterville tax return to a date other than that provided by the automatic federal extension, the taxpayer must file such a request in writing to the Commissioner prior to the due date of the automatic extension. The extension may be granted by the Commissioner upon terms and conditions set forth by him or her.
(h) The failure of any taxpayer to receive or procure a return, declaration or other required form shall not excuse the taxpayer from filing such forms or from paying the tax due.
(i) Payments received for taxes due shall be allocated first to penalties and interest due, and then to taxes due.
(j) The Commissioner may charge a taxpayer a fixed fee for any check returned by a financial institution due to insufficient funds, closed accounts, or any other reason. Notice of the amount of the fee to be charged shall be posted in public view in the tax office.
(Ord. 11-04. Passed 10-11-04.)