185.04 LEVY, COLLECTION AND PAYMENT OF TAX.

   Said tax shall be levied, collected and paid with respect to the salaries, wages,

commissions and other compensation, and with respect to the net profits of businesses, professions or other activities earned from December I, 1994, provided, however, that where the fiscal year of the business, profession or other activity differs from the calendar year, the tax shall be applied to that part of the net profits for the fiscal year as shall be earned on and after December 1, 1994, the close of the taxpayer's fiscal year. Thereafter, the taxpayer shall report on its fiscal year basis.

(Ord. 78-2015. Passed 12-15-15.)

185.05 RETURN AND PAYMENT OF TAX.

   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.)

185.06 COLLECTION AT SOURCE.

   A.    In accordance with Rules and Regulations prescribed by the Administrator, each employer within or doing business within the Village of Waverly shall deduct at the time for the payment of such salary, wage, commission or other compensation, the tax of one percent (1%) of the gross salaries, wages, commissions or other compensation due by the said employer to said employee and shall, on or before the last day of the month following the close of each calendar quarter make a return and pay to the Administrator the amount of taxes deducted. Said returns shall be on a form or forms prescribed by and obtainable from the Administrator and shall be subject to the Rules and Regulations prescribed therefore by the Administrator. Such employer shall be liable for the payment of the tax required to be deducted and withheld, whether or not such taxes have in fact been withheld.

   B.    Such employer in collecting said tax shall be deemed to hold the same, until payment is made by such employer to the Village of Waverly, as a Trustee for the benefit of the Village of Waverly and any such tax collected by such employer from his employees shall, until the same is paid to the Village of Waverly, be deemed a trust fund in the hands of such employer.

   C.    Each employer, on or before the 28th day of February following any calendar year in which such deductions have been made by any employer, shall file with the Administrator an information return for each employee from whom the Village of Waverly Income Tax has been withheld, showing the name and address of the employee, the whole amount of compensation paid said employee during the year and the amount of Village of Waverly Income Tax withheld from each employee.

   D.    For taxable years beginning after 2003, the Village of Waverly shall not require any employer or any agent of any employer or any other payer, to withhold tax with respect to any amount other than qualifying wages. Nothing in this section prohibits an employer from withholding tax on a basis greater than qualifying wages.

   E.    An employer is not required to make any withholding with respect to an individual's disqualifying disposition of an incentive stock option if, at the time of the disqualifying disposition, the individual is not an employee of the corporation with respect to whose stock the option has been issued.

   F.    An employee is not relieved from liability for a tax by failure of the employer to withhold the tax as required by a municipal corporation or by the employer's exemption from the requirement to withhold the tax.

   G.    The failure of an employer to remit to the municipal corporation the tax withheld relieves the employee from liability for that tax unless the employee colluded with the employer in connection with the failure to remit the tax withheld.

   H.    Compensation deferred before the effective date of this amendment is not subject to any municipal corporation income tax or municipal income tax withholding requirement to the extent the deferred compensation does not constitute qualifying wages at the time the deferred compensation is paid or distributed.

(Ord. 78-2015. Passed 12-15-15.)

185.07 DECLARATIONS.

   A.    Every person who anticipates any taxable income which is not subject to Section 185.06 hereof, or who engages in any business, profession, enterprise, activity, venture or transaction subject to the tax imposed by Section 185.03 hereof 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 persons income is wholly from wages from which the tax will be withheld and remitted to the Village of Waverly in accordance with Section 185.06 hereof, such person need not file a declaration.

   B.    1.    Such declaration shall be filed on or before April 30th of each year during the life of this chapter, or within four (4) months of the date the taxpayer becomes subject to tax for the first time.

      2.    Those taxpayers reporting on a fiscal year basis shall file a declaration within four (4) months after the beginning of each fiscal year or period.

   C.    1.    Such declaration shall be filed upon a form furnished by, or obtainable from the Administrator, provided, however, credit shall be taken for the Village of Waverly tax to be withheld from any portion of such income. In accordance with the provisions of Section 185.15 hereof, credit may be taken for tax to be paid to or 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.

   D.    Such declaration of estimated tax to be paid to the Village of Waverly shall be accompanied by a payment of at least one-fourth (1/4) of the estimated annual tax and at least a similar amount shall be paid on or before the last day of the sixth, ninth, and twelfth months after the beginning of the taxable year. Provided, however, that in case 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.    On or before the last day of the fourth month of the year following that for which such declaration or amended declaration was filed, an annual return shall be filed and any balance which may be due the Village of Waverly shall be paid therewith in accordance with the provisions of Section 185.05 hereof.

(Ord. 78-2015. Passed 12-15-15.)

185.08 DUTIES OF THE ADMINISTRATOR.

   A.    1.    It shall be the duty of the Administrator to receive the tax imposed by this chapter in the manner prescribed herein from the taxpayers' to keep an accurate record thereof; and to report all monies so received.

      2.    It shall be the duty of the Administrator to enforce payment of all taxes owing the Village of Waverly, to keep accurate records for a minimum of five (5) years showing the amount due from each taxpayer required to file a declaration and/or make any return, including taxes withheld, and to show the dates and amounts of payments thereof.

   B.    Said Administrator is hereby charged with the enforcement of the provision of this chapter, and is hereby empowered, subject to the approval of the Board of Review to adopt and promulgate and to enforce rules and regulations relating to any matter of thing pertaining to the collection of taxes and the administration and enforcement of the provisions of this chapter, including provisions for the re-examination and correction of returns. The Administrator is authorized to arrange for the payment of unpaid taxes, interest and penalties on a schedule of installment payments, when the taxpayer has proved to the Administrator that, due to certain hardship conditions, he is unable to pay the full amount of the tax due. Such authorization shall be granted until proper returns are filed by the taxpayer for all amounts owed by him under this chapter. Failure to make any deferred payment when due, shall cause the total unpaid amount, including penalty and interest, to become payable on demand and the provisions of Section 185.11 and 185.12 shall apply.

   C.    In any case where a taxpayer has failed to file a return or has filed a return which does not show the proper amount of tax due, the Administrator may determine the amount of tax appearing to be due the Village of Waverly from the taxpayer and shall send to such taxpayer a written statement showing the amount of tax so determined, together with interest and penalties thereon, if any.

   D.    Subject to the consent of the Board of Review or pursuant to regulation approved by said Board, the Administrator shall have the power to compromise and interest or penalty, or both, imposed by Section 185.10 .

   E.    On or after January 1, 2002, each municipal corporation that imposes a tax on income shall make electronic versions of any rules or ordinances governing the tax available to the public through the internet, including, but not limited to, ordinances or rules governing the rate of tax; payment and withholding of taxes; filing any prescribed returns, reports, or other documents; dates for filing or paying taxes, including estimated taxes; penalties, interest, assessment, and other collection remedies; rights of taxpayers to appeal; and procedures for filing appeals.

(Ord. 78-2015. Passed 12-15-15.)