|
|||||||
|
|
|
|||||
|
|
|||||||
|
|||||||
|
|
|
|||||
|
|
|||||||
VILLAGE OF MALTA INCOME TAX RULES AND REGULATIONS (Page 5) |
ARTICLE VII DECLARATIONS
A. Requirement of Filing.
1. A declaration of estimated tax shall be filed by every taxpayer who may reasonably be expected to have taxable income. 80% of the tax on which is not or will not be withheld by an employer or employers. Where required such declarations shall be filed within four and one half (41) months after the beginning of the taxable year.
2. A taxpayer's final return for the preceding, year may be used as the basis for computing his declaration of estimated tax for the current year. In the event a taxpayer has not previously been required to file a return, a declaration of estimated tax on anticipated income shall be filed in good faith.
3. A declaration of estimated tax which is less that 80% of the tax as shown on the final return shall not be considered filed in good faith.
4. A declaration of estimated tax shall be filed by all Business taxpayers, but individual taxpayers shall not be required to file estimated declarations, and can file said declaration at their option.
B. Date of filing:
1. A person or other entity conducting a business not previously subject to the tax, or whose employer does not withhold the tax, shall file a declaration within four and one half (4 1/2) months after the date he becomes subject to the tax, 2 . Those taxpayers having a fiscal year or period differing from the calendar year shall file a declaration within four and one half (4 1/2) months after the start of each fiscal year or period.
C. Form for filing:
1. Such declaration shall be filed upon a form or forms furnished by, or obtainable from the Commissioner. Provided, however, credit shall be taken for this municipality's tax to be withheld from any portion of such income. In accordance with the provisions of Section 15 of the ordinance, credit may be taken for tax to be withheld and remitted to another taxing municipality.
2. The original estimate of tax liability or any subsequent amendment thereof may be increased or decreased by filing an amended declaration on or before any quarterly payment date as set forth in Article VIII-D.l. Such amendment may be made on the regular declaration form or on the back of any quarterly notice.
D. Dates of Payments:
1. The estimated tax may be paid in full with the declaration or in equal installments on or before the 15th day of the fourth, seventh, tenth and thirteenth month after the beginning of the taxable year.
2. The declaration must be accompanied by at least one-fourth (1/4) of the estimated tax shown due thereon.
3. In the event an amended declaration has been filed the unpaid balance shown due thereon shall be paid in equal installments over the remaining payment dates.
E. Final Returns Required:
1. The filing of a declaration does not relieve the taxpayer of the necessity of filing a final return even though there is no change in the declared tax liability. A final return must be filed to obtain a refund-of any overpayment of over one dollar ($1.00).
ARTICLE VIII: DUTIES OF THE COMMISSIONER
A. Collection of Tax and Retention of Records:
1. It shall be the duty of the Village Tax Commissioner to receive the tax imposed by-the ordinance in the manner prescribed herein from the taxpayers; to keep an accurate record thereof, and to report all monies so received.
2. It shall be the duty of the Commissioner to enforce payment of all taxes owing this municipality, to keep accurate records for a minimum of four (4) years showing the amount due from each taxpayer required to file a declaration and/or make any return, including taxes withheld, and to show the dates and amounts of payments thereof.
B. Enforcement Provisions:
1. The Commissioner is charged with the administration and enforcement of the provisions of the ordinance and is, subject to the approval of the Board of Review, empowered to adopt, promulgate, and enforce rules and regulations or any amendment thereof relating to any matter or thing pertaining to the administration and enforcement of the ordinance. The Commissioner has the authority to correct or adjust any return submitted, when a correction or adjustment is necessary to accomplish the intent of the ordinance.
2. Any taxpayer or employer desiring a special ruling on any matter pertaining to the ordinance or these rules and regulations, should submit to the Commissioner in writing all the facts involved and the ruling sought.
3. These regulations, together with all amendments and supplements hereto and all changes herein, will be on file at the office of the Commissioner, Malta, Ohio, and will be open to public inspection.
4. The Commissioner is authorized to arrange for the payment of unpaid taxes, interest and penalties on a schedule of installment payments, when the taxpayer has proved to the Commissioner that, due to certain hardship conditions, he is unable to pay the full amount of the tax due. Such authorization shall not be granted until proper returns are filed by the taxpayer for all amounts owed by him under the ordinance.
5. Failure to make any deferred payment when due, shall cause the total unpaid amount, including penalty and interest, to become payable on demand and the provisions of Section 11 and 12 of the ordinance shall apply:
C. Estimation of Tax by Commissioner:
1. Whenever the Commissioner has been unable to secure information from the taxpayer as to his taxable income for any year, he may determine the amount of tax appearing to be due and assess the taxpayer upon the basis of such determination, together with the interest and penalties as prescribed in Section 10 of the ordinance.
2. Such determination of tax may be adjusted upon submission by the taxpayer of actual records from which his tax may be computed.
D. Subject to the consent of the Board of Review or pursuant to regulation approved by said Board, the Commissioner shall have the power to compromise any interest or penalty, or both, imposed by Section 10 of the ordinance.
ARTICLE IX: EXAMINATION OF BOOKS AND RECORDS, INFORMATION SO OBTAINED CONFIDENTIAL PENALTY
A. Investigations by Commissioner:
1. The Commissioner, or his duly authorized agent, is authorized to examine the books, papers, records and federal income tax returns of any employer, taxpayer or person subject to the ordinance, or whom the Commissioner believes is subject to the provisions of the ordinance, for the purpose of verifying the accuracy of any return made; or, if no return was made, to ascertain the tax due under the ordinance.
2. An employer or taxpayer shall furnish, within ten (10) days following a written request by the Commissioner, or his duly authorized agent,-the means, facilities and opportunity for making examinations and investigations authorized by the ordinance.
B. Subpoena of Records and Persons:
1. The Commissioner, or any person acting in his capacity, is authorized to examine any person, under oath, concerning any income which was, or should have been returned for taxation, or any transaction tending to affect such income. The Commissioner may compel the production of books, papers and records and the attendance of all persons before him whether as parties or witnesses, whenever he believes such persons have knowledge of the facts concerning any supposed income or supposed transaction of the taxpayer.
2. The Commissioner's order to examine any document mentioned in the preceding paragraph shall state whether the examination is to be at the office of the payer or at the office of the Commissioner.
3. The Commissioner may order the appearance before him, or his duly authorized agent, of any party whom he believes to have any knowledge of a taxpayer's income or withholdings, or any information pertaining to the taxpayer under investigation, whether or not the individual so ordered has actual custody of the records of the taxpayer being investigated . The Commissioner is specifically authorized to order the appearance of the local manager or representative of any taxpayer.
4. Persons required to attend any hearings shall be notified not less than ten (10) days prior to the time of the hearing. The notice shall show the time and place of the hearing and what books, papers or records the witness is to make available at such hearing.
5. The notice shall be served by the Commissioner, or his duly authorized agent, by delivering it to the person named personally, or by leaving the notice at his usual place of business or residence, or by mailing it to the person by registered mail, return receipt requested, addressed to his usual place of business or residence.
C. Penalty for Non-Compliance:
Refusal by any employer, supposed employer, taxpayer, or supposed taxpayer, or the refusal of any such person to appear before the Commissioner or his duly authorized agent, to submit to such examination and to produce the records requested constitutes a misdemeanor punishable by fine or imprisonment, or both, as prescribed by Section 12 of the ordinance.
D. Confidential Nature of Examinations:
Any information gained as a result of any returns, investigations, verifications or hearings before the Commissioner, required by the ordinance or authorized by these rules and regulations shall be confidential and no disclosure thereof shall be made except for official purposes or as ordered by a court of competent jurisdiction. Any person divulging such information shall be guilty of a misdemeanor punishable by a maximum fine of One Thousand Dollars ($1,000.00) or imprisonment for not more than six (6) months, or both.
In addition to the above penalty, any employee of this municipality who violates the provisions of this section relative to the disclosure of confidential information shall be guilty of an offense punishable by immediate dismissal.
E. Retention of Records:
All employers and taxpayers are required to keep such records as will enable the filing of true and accurate returns whether of taxes withheld at the source or of taxes payable upon earnings or net profits, or both. Such records shall be preserved for a period of not less than five (5) years from the date the final return is filed and paid or the withholding taxes are paid.
ARTICLE X : INTEREST & PENALTIES
A. Interest:
1. Except as provided in paragraph C of this article, all taxes imposed and all monies withheld, or required to be withheld, by employers under the provisions of the ordinance and remaining unpaid after they have become due shall bear interest, in addition to the amount of the unpaid tax or withholdings, at the rate of one-half of one percent (1/2%) per month or fraction thereof.
Penalties: In addition to interest as provided in paragraph A hereof, penalties based on the unpaid tax are hereby imposed as follows:
1. For failure to pay taxes due, other than taxes withheld: one and one-half percent (1-1/2%) per month or fraction thereof.
2. For failure to remit taxes withheld from employees: five percent (5%) per month or fraction thereof.
C. Exceptions:
1. No penalty shall be assessed on additional taxes found on audit to be due when a return was timely filed in good faith and the tax paid thereon within the prescribed time.
2. In the absence of fraud neither penalty nor interest shall be assessed on any additional taxes resulting from a federal audit for federal income tax purposes provided an amended return is filed and the additional tax paid within three (3) months after final determination of the federal tax liability.
3. A taxpayer or employer shall have thirty (30) days after receipt of notice of any proposed imposition of interest and penalties within which to file a written protest or explanation with the Commissioner. If no protest or explanation is filed within the prescribed time, the proposed imposition of interest and penalties shall become and be the final assessment. Upon filing of a written protest or explanation, the Commissioner shall withdraw the assessment or he shall adjust or reaffirm the assessment and it shall then become final.
D. Appeal from Assessment:
Upon recommendation of the Commissioner, the Board of Review may abate penalty or interest, or both, or upon an appeal from the refusal of the Commissioner to recommend abatement of penalty and/or interest, the Board may nevertheless abate penalty or interest, or both