(a) All persons subject to Wellington income tax who are over the age of eighteen years shall be required to complete and file an annual income tax return with the Municipality.
(Ord. 1987-53. Passed 1-4-87.)
(b) All residents of the Municipality who are eighteen years of age or older who are required to file federal income tax returns shall be required to file an annual Municipal income tax return beginning with the return due April 15, 1989 for earnings received in 1988.
(c) All nonresidents of the Municipality who are eighteen years of age or older who are required to file federal income tax returns and whose earnings, in part or of the whole, are derived from employment, business operation or property within the Municipality shall be required to file an annual Municipal income tax return beginning with the return due April 15, 1989 for earnings received in 1988.
(Ord. 1988-36. Passed 11-7-88.)
(d) Notwithstanding any other provisions of this chapter to the contrary, for any individual who works within the Village of Wellington and who lives outside the Village of Wellington, if the individual’s sole source of income which is taxable by Wellington consists of earned income from one or more Wellington employers, and if all applicable Wellington income tax has already been withheld and remitted to the Village on said income, then such individual shall not be required to file a return with the Village unless the individual is applying for a refund, and the Village shall not ordinarily mail a return to such individual unless the same is requested.
(Ord. 2004-07. Passed 3-15-04.)
(e) When the final return is made for a fiscal year or other period different from the calendar year, the return shall be made within 105 days from the end of such fiscal year or other period whether or not a tax is due thereon. The tax due shall be computed on the return and the taxpayer shall pay the tax due at the time of filing. Such return shall be deemed filed when postmarked by the United States Post Office or delivered during normal business hours to the Tax office. Notwithstanding any filing deadlines prescribed by this section, an annual income tax return or report due to the Village may be filed within the time prescribed in the federal income tax code for the corresponding tax reporting period if such period is later than the time allowed in this section. (Ord. 2004-64. Passed 12-20-04.)
(f) Extension of Time for Filing Returns. Any taxpayer that has requested an extension for filing a federal income tax return may request an extension for the filing of a Village income tax return by filing a copy of the taxpayer's request for a federal filing extension with the Director of Finance no later than the last day for filing the Village income tax return. The extension with the Village will be granted for the same time period as the Federal extension unless the request is not timely filed with the Village, or the taxpayer already owes the Village delinquent income tax, penalty, interest, assessments, or other charges for late payments or nonpayment of income tax, or the taxpayer has failed to file a required income tax return, report, or other related documents for a prior tax period. Interest as allowed by law will be charged from the original due date of the return until the date of actual payment. 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.
(g) "Pass-through entities" (partnerships, limited liability companies, and Sub-S corporations) as that term is defined in Ohio R.C. 718.14, must file an annual return and shall pay the applicable tax on the income of the pass-through entity in the hands of that entity, and the same income shall not be taxed, nor a return filed, for said income in the hands of the owners of the entity. (Ord. 2004-64. Passed 12-20-04.)
(h) In lieu of the forms adopted by the Director of Finance as provided in paragraph (a) above, a taxpayer may file a generic form of any return, report, or other document if the generic form, once completed and filed, contains all of the information required to be submitted in the standard form prescribed by the Director of Finance, so long as the taxpayer complies with the rules or ordinances of the Village governing the filing of returns, reports, or other documents.
(Ord. 2012-13. Passed 5-7-12.)
(i) The Village of Wellington shall accept for filing a consolidated income tax return from any affiliated group of corporations subject to the Village's tax if that affiliated group filed for the same tax reporting period a consolidation return for Federal income tax purposes pursuant to Section 1501 of the Internal Revenue Code.
(j) On and after January 1, 2005, the Village will accept a return, an estimated return, and payments of tax, which have been properly submitted in accordance with the Ohio Business Gateway project of the State of Ohio.
(k) A refundable credit shall be allowed against the income tax imposed by this chapter for each “qualifying loss,” as the same is defined and limited by section 718.021 of the Ohio Revised Code, in connection with a nonqualified deferred compensation plan, which qualifying loss is sustained by a taxpayer during the taxable year.
(l) (1) Except as provided in subsection (l)(2) of this section, if tax or withholding is paid to a municipal corporation on income or wages, and if Wellington imposes a tax on that income or wages after the time period allowed for a refund of the tax or withholding paid to the first municipal corporation, Wellington shall allow a nonrefundable credit, against the tax or withholding Wellington claims is due with respect to such income or wages, equal to the tax or withholding paid to the first municipal corporation with respect to such income or wages.
(2) If the tax rate in Wellington is less than the tax rate in the first municipal corporation, then the credit described in subsection (l)(1) hereof shall be calculated using the tax rate in effect in Wellington.
(3) Nothing in this section permits any credit carryforward.
(Ord. 2004-64. Passed 12-20-04.)
(m) Notwithstanding any other provisions of this chapter to the contrary, for any individual whose sole source of income is exempted from taxation under Section 181.12(b), such individual shall be permitted to file a one-time notice of such exemption with the Village; and, for subsequent tax years during which the individual's sole source of income remains exempt under Section 181.12(b), such individual shall not be required to file a return with the Village, unless the individual is applying for a refund; and the Village shall not ordinarily mail a return to such individual unless the same is requested.
(Ord. 2012-42. Passed 11-19-12.)
(Ord. 2012-42. Passed 11-19-12.)