A. All residents except as herein provided shall, whether or not a tax is due thereon, make and file a return on or before April 15th of the year following the effective date of this ordinance, and each year thereafter in compliance with Ohio Revised Code§ 718.05(B). When the return is made for a fiscal year or other period different from the calendar year, the returns shall be filed within four (4) months from the end of the fiscal year.
B. The Village of Waverly shall accept a generic form of any return, report, or document required to be filed if the generic form once completed and filed, contains all of the information required to be submitted with the Village of Waverly's prescribed returns, reports or documents, and if the taxpayer or return preparer filing the generic forms otherwise complies with the rules or ordinances of the Village of Waverly governing the filing of returns, reports or documents. The return shall be filed with the Administrator setting forth:
1. The aggregate amounts of salaries, wages, commissions, and other compensation earned, including gambling winnings, and gross income from business, profession, or other activity, less allowable expenses incurred in the acquisition of such gross income earned during the preceding year and subject to said tax.
2. The amount of tax imposed by this chapter on such earnings and profits;
3. Such other pertinent statements, information returns, or other information as the Administrator may require.
C. Any taxpayer that has requested an extension for filing a federal income tax return may request by filing a copy of the taxpayer's request for a federal filing extension with the Administrator. The request for extension shall be filed not later than the last day for filing the municipal income tax return as prescribed by ordinance of the Village of Waverly. The Administrator shall grant such a request for extension filed before January I, 2004, for a period not less than the period of the federal extension request. The IRS authorizes four (4) months automatically and additional requests are limited to six (6) months from the original due date. For taxable years beginning after 2003, the extended due date of the municipal income tax return shall be the last day of the month following the month to which the due date of the federal income tax return has been extended. The Administrator may require a tentative return, accompanied by payment of the amount of tax shown to be due thereon by the date the return is normally due. No penalty or interest shall be assessed in those cases in which the return is filed and the final tax paid within the period as extended. The taxpayer shall make the request by filing a copy of the taxpayer's request for a federal filing extension with the Tax Commissioner.
1. The request for extension shall be filed not later than the last day for filing the Village of Waverly tax return as prescribed by ordinance or rule of this municipal corporation. The Village of Waverly may deny a taxpayer's request for extension only if the taxpayer:
(a) Fails to timely file the request;
(b) Fails to file a copy of the federal extension request;
(c) Owes the Village of Waverly any delinquent income tax or any penalty, interest, assessment or other charge for the late payment or nonpayment of income tax; or
(d) Has failed to file any required income tax return, report, or other related document for a prior tax period.
The granting of an extension for filing a municipal corporation income tax return does not extend the last date for paying the tax without penalty unless the municipal corporation grants an extension of that date.
D. 1. The taxpayer making a return shall, at the time of the filing thereof, pay to the Administrator the amount of taxes shown as due thereon; provided, however, that where any portion of the tax so due shall have been deducted at the source pursuant to the provisions of Section 185.06
, or where any portion of said tax shall have been paid by the taxpayer pursuant to the provisions of Section 185.07
, or where an income tax has been paid to another municipality, credit for the amount so paid in accordance with Section 185.15
, hereof, shall be deducted from the amount shown to be due and only the balance, if any, shall be due and payable at the time of filing said return.
2. A taxpayer who has overpaid the amount of tax to which the Village of Waverly is entitled under the provisions of this ordinance may have such overpayment applied against any subsequent liability hereunder or, at his election indicated on the return, such overpayment (or part thereof) shall be refunded, provided that no additional taxes or refunds of less than one dollar ($1.00) shall be collected or refunded.
E. 1. AMENDED RETURNS: 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 185.11
and 185.15
. Such amended returns shall be on a form obtainable on request from the Administrator. A taxpayer may not change the method of accounting or apportionment of net profits after the due date from filing the original return.
2. Within three (3) months from the final determination of any federal tax liability affecting the taxpayer's Village of Waverly tax liability, such taxpayer shall make and file an amended Village of Waverly return showing income subject to the Village of Waverly tax based upon such final determination of federal tax liability, and pay any additional tax shown due thereon or make claim for refund of any overpayment.
(Ord. 78-2015. Passed 12-15-15.)