(a) All taxes imposed by this chapter remaining unpaid when due, shall be collectible, together with any interest and penalties thereon, by suit, as other debts of the like amount are recoverable. Except in the case of fraud, omission of twenty-five percent (25%) or more of income subject to this tax, or failure to file a return, an additional assessment shall not be made after three years from the time the return was due or filed, whichever is later. However, 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 Administrator shall be one year from the time of the final determination of the Federal tax liability.
(b) Employers who or which, although obliged under this chapter to withhold and remit to the Administrator the taxes required to be withheld at the source shall fail to so withhold and/or remit, become liable to the Village in a civil action to enforce the payment of the debt created by such failure.
(c) When a final return is filed as prescribed in this chapter and a deficiency is determined to be due the Village, action to collect the same shall be commenced within four (4) years from the date such return was filed. This period of limitations shall not commence until the return has been filed, regardless of when it was originally due.
(d) Should it appear that any taxpayer has paid more than the amount of the tax to which the Village is entitled under the provisions of this chapter, a refund of the amount so overpaid shall be made, provided a proper claim for refund of such overpayment of tax has been filed by the taxpayer, or same may be applied toward the declaration of tax due for the ensuing year. Claims for refunds shall be made on forms prescribed by and obtained from the Administrator.
(e) All applications for refund shall be made within six (6) months of the due date of a final return or shall be forever barred thereafter. Provided, however, an extension may be granted by the Administrator on written application.
(f) Additional amounts of less than one dollar ($1.00) shall not be collected or refunded.
(Ord. 1455. Passed 12-9-97.)