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(a) Filing Returns. Each person who engages in business or other activity or whose income, salary, qualifying wages, commission or other compensation is subject to the tax imposed by this chapter shall, whether or not a tax is due thereon, make and file a return on or before April 30 of each year for years prior to taxable year 2004, and on or before April 15 for taxable years 2004 and later. When the return is made for a fiscal year or other period different from the calendar year, the return shall be filed within four months from the end of such fiscal year or period for years prior to taxable year 2004, and within 105 days for taxable years 2004 and later.
(Ord. 89-11. Passed 11-20-89.)
(b) Required Forms; Contents. The return shall be filed with the Superintendent on a form or forms furnished by or obtainable upon request from the Superintendent or on other forms deemed acceptable by the Superintendent, setting forth:
(1) The aggregate amounts of income, qualifying wages, commissions and other compensation received by the taxpayer and the gross income from a business, profession or other activity, less allowable expenses incurred in the acquisition of such gross income earned during the preceding year and subject to such tax; and
(2) The amount of the tax imposed by this chapter on such earnings and profits; and
(3) Such other pertinent statements, information returns or other information as the Superintendent may require, including but not limited to copies of all W-2 forms, 1099 Miscellaneous Income Forms, and all applicable federal schedules.
(c) Extensions. The Superintendent may extend the time for filing of the annual return upon the request of the taxpayer for a period not to exceed six months, or for one month beyond any extension requested of or granted by the Internal Revenue Service for the filing of the Federal income tax return for taxable years prior to 2004. For taxable year 2004 the extended due date 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. For taxable years subsequent to 2004 the extended due date shall be the last day of the month to which the due date of the federal income tax return has been extended. The Superintendent 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. The extension request may be made by filing a copy of the taxpayer's request for a federal filing extension, or by filing a written request. The Superintendent may deny the extension if the taxpayer's income tax account with the Village is delinquent in any way. Interest but no penalty will be assessed when an extension has been granted by the Superintendent and the final tax has been paid within the period as extended.
(d) Payment; Credits; Refunds.
(1) The taxpayer making a return shall, at the time of the filing thereof, pay to the Superintendent the amount of taxes shown as due thereon, provided, however, that credits shall be allowed for:
A. Any portion of the tax so due which has been deducted at the source pursuant to the provisions of Section 880.06;
B. Any portion of such tax which has been paid by the taxpayer pursuant to the provisions of Section 880.07; and
C. Credit to the extent allowed by Section 880.15 for tax paid to another municipality.
(2) Subject to the limitations contained in Section 880.11, any taxpayer who has overpaid the amount of tax to which the Village is entitled under the provisions of this chapter may have such overpayment applied against any subsequent liability hereunder or, at his or her election indicated on the return, may have such overpayment or part thereof refunded.
(e) Amended Returns.
(1) 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 Section 880.11. Such amended returns shall be filed on a form obtainable upon request from the Superintendent. A taxpayer may not change the method of accounting (i.e., cash or accrual) or apportionment of net profits after the due date for filing the original return without the approval of the Superintendent.
(2) Within three months from the final determination of any Federal tax liability affecting the taxpayer's Village tax liability, such taxpayer shall make and file an amended Village return showing income subject to the Village tax based upon such final determination of Federal tax liability, and shall pay any additional tax shown due thereon or make a claim for a refund of any overpayment.
(f) Information Returns, Schedules and Statements. Information returns, schedules and statements required to support tax returns, which are incomplete without such information, shall be filed within the time limits set forth for the filing of the tax returns, and the failure to file such information returns, schedules and statements shall be deemed to be a violation of this chapter. However, the taxpayer shall have ten days after notification by the Superintendent or his or her authorized representative to file the items required by this division.
(g) The Village shall accept a generic form of its annual income tax return if the generic form once completed and filed contains all of the information required to be submitted with the Village's prescribed returns, reports or documents, and if the taxpayer or return preparer filing the generic form otherwise complies with the rules or ordinances of the Village governing the filing of returns, reports or documents.
(h) Any business, profession, association or corporation reporting a net loss is subject to the filing requirements of this chapter.
(i) All employers that provide any contractual service within the Village, and who employ subcontractors in conjunction with that service, shall provide the Village the names and addresses of the subcontractors. The subcontractors shall be responsible for all income tax withholding requirements under this chapter.
(Initiative Ord. Passed 11-5-68; Ord. 2004-11. Passed 4-5-04.)