(a) Each person who engages in business, or whose salary, wages, commissions and other compensations are subject to the tax imposed by this chapter shall, whether or not a tax be due thereon, make and file, on or before April 15 in each year beginning with the year 1960, a return with the City on a form or forms, furnished by, or obtainable upon request setting forth:
(Ord. 86-29. Passed 2-10-86; Ord. 04-36. Passed 3-8-04.)
(1) The aggregate amount of salaries, wages, commissions and other compensation earned by him, and income from such business, less allowable expenses incurred in the acquisition of such gross income, during the preceding year and subject to such tax;
(2) The amount of the tax imposed by this chapter;
(3) Such other pertinent statements, information returns or other information as the Administrator may require, including a copy of the taxpayer's Federal income tax return or returns, and including a statement that the figures used in the return are the figures used in the return for Federal income tax adjusted to set forth only such income as is taxable under the provisions of this chapter; and
(4) The City copy of the IRS W-2 form for wages and/or the IRS 1099 form for the commissions paid by the person's employer must be attached to the City income tax return.
(b) A taxpayer on a fiscal year accounting basis for Federal tax purposes shall, beginning with his first fiscal year any part of which falls within the tax period, pay the tax on the basis of his fiscal year and shall file his annual returns within four months from the end of his fiscal year.
(c) The Administrator may extend the time for filing of the annual return, upon the written request of the taxpayer, for a period of not to exceed three months, or one month beyond any extension requested of and granted by the Internal Revenue Service for the filing of the Federal income tax return. Extensions may be granted beyond the above subject to approval of the Board of Review. No penalty or interest shall be assessed in those cases in which the return is filed and the final tax paid within the period as extended.
(d) The taxpayer making such return shall, at the time of the filing thereof, pay to the City the amount of taxes shown as due thereon; provided, however, that where any portion of the tax so due shall have been deducted at the source, pursuant to the provisions of Section 181.06, or where any portion of such tax shall have been paid by the taxpayer, pursuant to the provisions of Section 181.07, credit for the amount so paid shall be deducted from the amount shown to be due and only the balance, if any, shall be due and payable at the time of filing such return. Should it appear that the amount of tax to which the City is entitled under the provisions of this chapter, has been overpaid, such overpayment shall be refunded, or at the option of the taxpayer, credited to his next year's tax liability; provided, however, that no additional taxes or refunds of less than one dollar ($1.00) shall be collected or refunded. Within three months from the final determination of any Federal tax liability affecting the taxpayer's City return such taxpayer shall make and file an amended City return showing income subject to the City tax based upon such final determination of Federal tax liability, and pay any additional tax shown due thereon or make claim for refund of any overpayment.
(e) The Administrator is hereby authorized to accept the return of an employer or employees, showing the total of the amount of tax deducted by such employer or employers from the salaries, wages, commissions or other compensation of employees, and paid by him or them to the City Income Tax Division as the return required of any employee whose sole income, subject to the tax or taxes under this chapter, is such salary, wages, commissions or other compensation.
(f) A husband and wife shall only be able to file a joint return either when engaged in the same or separate businesses, but shall not deduct business losses of either from compensation paid by an employer. Under no circumstances shall a business loss be applied against City income tax withheld by an employer.
(g) Executors and administrators of estates shall be personally liable for the payment of any taxes imposed by this chapter on the estate of their decedent.
(Ord. 79-66. Passed 5-14-79.)
(h) If any employer who is liable for tax obligations imposed by this chapter undergoes a fundamental change, then the employer and its manager shall be liable for taxes due up to the date of the fundamental change. Taxes and final tax returns shall be due immediately after the fundamental change. Any successor employer shall withhold from any purchase price that the successor owes to the predecessor an amount sufficient to pay all unpaid taxes, interest and penalties which the predecessor employer owes pursuant to this chapter. The successor employer shall make such withholding until such time that the predecessor employer has paid the taxes, interest and penalties. If the successor fails to withhold such amount, then the successor and, in a personal manner, the successor's manager shall be jointly and severally liable for the payment of the taxes, interest and penalties.
(Ord. 86-29. Passed 2-10-86.)