181.14 COLLECTION OF UNPAID TAXES.
(a) All taxes imposed by this chapter shall be collectible, together with any interest and penalties thereon, by suit, as other debts of like amount are recoverable. The Tax Commissioner is authorized, in addition to his other duties, to institute civil lawsuits to collect delinquent taxes due and owing to the Municipality by virtue of the provisions of this chapter. The Tax Commissioner is authorized to waive penalties and interest and compromise tax liability and the right to accept waiver of state statutes of limitations.
(b) No additional assessment shall be made after three (3) years from the time the tax was due or the return was filed, whichever is later; provided, however, there shall be no period of limitation on an additional assessment in a case of a return that omits gross income in excess of twenty-five percent (25%) of that required to be reported or in a case of filing a false or fraudulent return with intent to evade the tax or in the case of failure to file a return. In those cases in which the Commissioner of Internal Revenue and the taxpayer have executed a waiver of the federal statute of limitations, the period within which an additional assessment may be made by the Tax Administrator shall be extended one year from the time of the final determination of the federal tax liability.
(c) Interest shall be allowed and paid on any overpayment by a taxpayer of any municipal income tax obligation from the date of the overpayment, with the following exception: No interest shall be allowed on any overpayment that is refunded within ninety days after the final filing date of the annual return or ninety days after the complete return is filed, whichever is later. For purposes of computing the payment of interest on overpayments, no amount of tax for any taxable year shall be treated as having been paid before the date on which the tax return for that year was due without regard to any extension of time for filing that return. The interest shall be paid at the rate of interest prescribed by Section 5703.47 of the Ohio Revised Code.
(Ord. 73-05. Passed 12-6-05.)