193.17 STATUS AND LIABILITY OF EMPLOYERS.

   (a)   Every employer or officer of a corporation is deemed to be a trustee for this Municipality in collecting and holding the tax required under this chapter to be withheld and the funds so collected by such withholding are deemed to be trust funds.

   (b)   Every such employer required to deduct and withhold the tax at the source is liable directly to the City for the payment of such tax, whether actually collected by the employer or not.

   (c)   The officer or employee having control or supervision of or charged with the responsibility of filing the report and making payment, is personally liable for failure to file the report or pay the tax due as required by this section. The dissolution of a corporation does not discharge an officer's or employee's liability for a prior failure of the corporation to file returns or pay tax due.

(Ord. 1984-10. Passed 9-17-84.)

193.18 DECLARATIONS.

   (a)   All taxpayers (as defined in the Ordinance and in these Regulations) subject to the taxes imposed in Section 191.02(a) of the Ordinance, and every taxpayer who earns any income or net profits not subject to withholding shall file with the Finance Director a declaration of his estimated tax as follows:

      (1)   On or before April 15, 1971, every such calendar year taxpayer shall file a declaration of his estimated tax for the taxable period beginning January 1, 1971 and ending December 31, 1971.

      (2)   A similar declaration shall be filed by each such calendar year taxpayer on or before April 15 of each subsequent year during the life of the Ordinance, and each such declaration shall contain a statement of the taxpayer's estimated tax for the full taxable year in which such declaration is filed.

      (3)   Taxpayers whose gross earnings were less than five thousand dollars ($5,000) the preceding year need not file a declaration unless his earnings will exceed five thousand dollars ($5,000) in the current year.

         (Ord. 1987-43. Passed 1-18-88.)

   (b)   Taxpayers who or which are permitted, pursuant to Section 193.10, to return and pay their tax upon a fiscal year basis, shall file their first declaration within three and one-half months after the beginning of the first fiscal year beginning on or after October 1, 1970, and the subsequent declaration for each year thereafter on or before the fifteenth day of the fourth month following the beginning of each such fiscal year. Those taxpayers on a fiscal year basis shall make quarterly payments on or before the fifteenth day of the fourth month and on or before the last day of the sixth, ninth and twelfth month following the beginning of such fiscal year. The first installment, equal to at least one-fourth of the estimated tax must accompany the declaration.

(Ord. 1979-19. Passed 9-17-79.)

   (c)   The estimated tax for a calendar year taxpayer may be paid in full with the filing of the declaration or in equal installments on or before April 15, June 15, September 15 and December 15, in the proportionate percentages as set forth in Section 193.07 (c)(1).

(Ord. 2015-18. Passed 12-21-15.)

   (d)   The declarations so required shall be filed upon a form furnished by or obtainable from the Finance Director. Any taxpayer who has filed an estimate for Federal Income Tax purposes may, in making the declaration required hereunder, simply state therein that the figures therein contained are the same figures used by the taxpayer in making the declaration of his estimate for the Federal Income Tax. However, in addition to such statement, any such taxpayer may, in such declaration, modify and adjust such declared income so as to exclude therefrom income which is not subject to tax under the Ordinance.

   (e)   Any estimate filed hereunder may be amended by the filing of an amended estimate at the time prescribed for the payment of any installment of tax paid in accordance with Section 193.19 of these Regulations.

(Ord. 1979-19. Passed 9-17-79.)

   (f)   Should a taxpayer fail to file a declaration of estimated tax for the calendar year based on taxable income not subject to withholding, or quarterly installments on a declaration so filed, he is subject to penalty and interest at the time he files his return.

(Ord. 1987-43. Passed 1-18-88.)

193.19 PAYMENT OF TAX INSTALLMENTS.

   (a)   At the time of filing each declaration required by Section 193.18 each taxpayer shall pay to the Finance Director one-fourth of the amount of his estimated annual tax. Thereafter, on or before the 15th day of June, September and December of each year during the life of the Ordinance, such taxpayer shall pay at least a similar amount. However, if any such taxpayer, on or before any such payment date, files an amended declaration showing an increase or decrease of the estimated tax, the installments then and thereafter due shall be increased or diminished, as the case may be, in such manner that the balance of the estimated tax shall be fully paid on or before December 15 of the taxable year involved through the payment of quarterly installments in equal amounts during the quarterly periods remaining from and after the filing of any such amended declaration.

(Ord. 2015-18. Passed 12-21-15.)

   (b)   Taxpayers who or which are permitted to make returns and pay their tax on a fiscal year basis (see Section 193.10) may make the quarterly payments on their declaration of estimated tax pursuant to Section 193.18(e) of these Regulations.

   (c)   For final returns and final adjustment of tax due, see Section 193.13.

(Res. 1970-14. Passed 8-24-70.)

193.20 RECORDS TO BE KEPT BY EMPLOYERS AND TAXPAYERS.

   Employers and others subject to the tax under the Ordinance are required to kept such records as will enable the filing of true and accurate returns, whether of taxes withheld at source or of taxes payable upon earnings or net profits, or both, and such records are to be preserved to enable the Finance Director or any agent or employee of the Finance Director, to verify the correctness of the returns filed.

(Res. 1970-14. Passed 8-24-70.)

193.21 COLLECTION OF DEFICIENCIES; ALLOWANCE OF CREDIT FOR OVERPAYMENT.

   (a)   If, as a result of investigation conducted by the Finance Director, a return is found to be incorrect, the Finance Director is authorized to assess and collect any underpayment of tax withheld at source or any underpayment of tax owing by any taxpayer with respect to earnings or net profits, or both. If no return has been filed and a tax is found to be owing, the tax actually owing may be assessed and collected with or without the formality of obtaining a delinquent return from the employer or taxpayer.

   (b)   Should it be disclosed, either as a result of an investigation by the Finance Director or through the medium of the filing of a claim or petition for refund or credit, that an overpayment has been made the Finance Director will refund such overpayment.

   (c)   The employer will in every instance be required to pay the full tax which should have been withheld, even though he may fail to withhold from the employee. If too much has been withheld the excess shall be refunded by the employer to the employee. While the withholding agent (employer) will be expected to maintain complete records of such adjustments with the employees, any such adjustment made during any month will not need to be reflected in the withholding return or disclosed by schedules or statements thereto attached.

   (d)   In those cases in which too much has been withheld by an employer from an employee and remitted to the Finance Director and there has been a termination of the employee-employer relationship, the taxpayer (employee) may obtain an adjustment by application to the Finance Director.

(Res. 1970-14. Passed 8-24-70.)