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(a) Each employer shall, at the time of the payment of any income, qualifying wage, commission or other compensation, deduct the tax at the current effective rate stipulated by Section 880.03(a) from the income, qualifying wages, commissions or other compensation due by such employer to his or her employees who are subject to the provisions of this chapter. In making such deduction at the time of payment, the employer shall compute the tax to the nearest full cent so that mills of five or more shall be increased to the next full cent and mills less than five shall be dropped. No person shall be entitled to a refund merely because such rounding off of the tax results in an apparent overpayment based on his or her total earnings. Each employer shall, on or before the last day of each month, make a return and pay to the Superintendent the tax withheld during the preceding month. However, the Superintendent shall have the authority to approve the filing of returns and payment of the tax withheld on a quarterly basis if the employee tax withheld by the employer for Yellow Springs, in the previous tax year, averaged less than $300 per month. In such case the employer shall, on or before the last day of each month following the calendar quarters ending March 31, June 30, September 30 and December 31, make a return and pay to the Superintendent the tax withheld during the preceding calendar quarter. Such approval for quarterly filings and payments may be withdrawn by the Superintendent when it is in the best interest of the Village to do so. The Superintendent shall provide, by regulation, the manner in which such approval is to be granted or withdrawn.
(Ord. 84-1. Passed 1-16-84.)
(b) The employer shall be liable for the payment of the tax required to be deducted and withheld, whether or not such tax has in fact been withheld.
(c) Such employer, in collecting the tax, shall be deemed to hold the same, until payment is made by such employer to the Village, as a trustee for the benefit of the Village, and any such tax collected by such employer from his or her employees shall, until the same is paid to the Village, be deemed a trust fund in the hands of such employer.
(d) No person shall be required to withhold the tax on the wages or other compensation paid to domestic servants employed by him or her exclusively in or about such person's residence, even though such residence is in the Village, but such employee shall be subject to all of the requirements of this chapter.
(e) On or before January 31 of each year beginning with the year 1970, each employer shall file a withholding return on a form prescribed by and obtainable upon request from the Superintendent, setting forth the names and addresses of all employees from whose compensation the tax was withheld during the preceding calendar year and the amount of tax withheld from such employees and such other information as may be required by the rules and regulations adopted by the Superintendent.
(f) Those officers or employees having control or supervision of, or charged with, the responsibility of collecting and withholding the tax and/or filing the return and making payments for a corporation or association shall be personally liable for failure to collect and withhold the tax, and/or file the return or pay the taxes and penalties and interest due as required. The dissolution, bankruptcy, or reorganization of any employer does not discharge the officers' or employees' liability for a prior failure of such business to collect and withhold the tax and/or file a return or pay the taxes due.
(Initiative Ord. Passed 11-5-68; Ord. 2004-11. Passed 4-5-04.)