Canfield Income Tax Code - Chapter 183.pdf - Google Drive

Updated 10/15/2013 CHAPTER 183 Income Tax Revised Ord. _______ Passed ________

183.01 183.02 183.03 183.04 183.05 183.06 183.07 183.08 183.09 183.10 183.11 183.12 183.13 183.14 183.15 183.16 183.17 183.18 183.99

Purpose. Definitions. Imposition of tax. Credit for taxes paid to another municipality. Effective period. Return and payment of tax. Collection at source. Declarations. Duties of Finance Director. Investigative powers of the Finance Director Interest and penalties. Collection of unpaid taxes and refunds of overpayments. Check charges. Board of Review. Allocation of funds. Repeal clause. Saving clause. Collection of tax after termination of chapter. Violations; penalties. CROSS REFERENCES Limitation on tax rate - see CHTR. 10.02 Municipal income taxes - see Ohio R.C. Ch. 718

183.01 PURPOSE. The purpose of this chapter is to provide funds for the purposes of general municipal operations, maintenance, new equipment, extension and enlargement of municipal services and facilities and capital improvements of this Municipality. There shall be, and is hereby levied, a tax on gross salaries, gross wages, commissions, and other compensation, and on net profits as hereinafter provided.

183.02 DEFINITIONS. As used in this chapter, the following words shall have the meaning ascribed to them in this section, except as and if the context clearly indicates or requires a different meaning. (a) "association" means a partnership, limited partnership, or any other form of 1

unincorporated enterprise, owned by two or more persons. (b) "Board of Review" means the Board created by and constituted as provided in Section 183.14. (c) "business" means an enterprise, activity, profession, or undertaking of any nature conducted for profit or ordinarily conducted for profit, whether by an individual, partnership, limited partnership, fiduciary, trust, limited liability company, association, corporation or any other entity, including but not limited to the renting or leasing of property, real, personal or mixed. (d) "corporation" means a corporation or joint stock association organized under the laws of the United States, the State of Ohio, or any other state, territory, or foreign country or dependency. "S" corporation means a corporation that has made an election under Subchapter S of Chapter 1 of Subtitle A of the Internal Revenue Code for its taxable year. (e) "domicile" means a place where a person has his true and permanent residence to which whenever absent from he intends to return. Actually or legally a person’s permanent and principal home. (f) "employee" means one who works for wages, salary, commission or other type of compensation in the service of and under the control of an employer. Any person upon whom an employer is required to withhold for either Federal Income Tax or Social Security, PERS or on whose account payments are made under the Workers' Compensation Law shall be an employee. (g) "employer" means an individual, partnership, limited partnership, association, corporation, governmental body, unit or agency, or any other entity, whether or not organized for profit, who or that employs one or more persons on a salary, wage, commission, or other compensation basis. (h) "Finance Director" means either one of the individuals employed by the Municipality as Director of Finance or as Income Tax Administrator that are designated by this chapter to administer and enforce the provisions of this chapter. (i) "fiscal year" means an accounting period of twelve (12) months or less ending on any day other than December 31st. (j) "forms" means all income tax returns, reports or other documents required under this chapter to be filed by the Municipality. These forms may be filed on the forms promulgated by the Municipality or upon generic forms. Only if the generic forms, once completed and filed, contain all the information required to be submitted with the Municipality’s prescribed returns, reports or documents and only if the taxpayer or return preparer filing the generic form otherwise complies with the Municipality's rules or ordinances governing the filing of returns, reports or documents, will these generic forms be accepted by the Finance Director. (k) "gross receipts" means the total income from any source whatsoever. (l) "Income from a pass-through entity" means partnership income of partners, distributive shares of shareholders of an "S" corporation, membership interests of members of a limited liability company or other distributive shares of pass-through entities. (m) "Income Tax Administrator" means the individual appointed by the City Manager to administer and enforce the provisions of this chapter in the same manner and pursuant to the same authority as the Finance Director. (n )

“Municipality” means the City of Canfield, Ohio. 2

(o) "limited liability company" means a limited liability company formed under Chapter 1705 of the Ohio Revised Code or under the laws of another state. (p) "net profits" means a net gain from the operation of a business, profession, enterprise or other activity as reported on Federal Income Tax Forms or Schedules i.e. Form 1040 Schedule C, Schedule F, Schedule E, Form 1065, Form 1120 and Form 1120S, after provision for all ordinary, reasonable and necessary expenses either paid or accrued in accordance with the accounting system used by the taxpayer for Federal Income Tax purposes, without deduction of taxes imposed by this chapter, Federal, State, and other taxes based on income exclusive of the amount of Ohio franchise tax computed on the net worth basis, and in the case of an association, without deduction of salaries paid to partners, and other owners; and otherwise adjusted to the requirements of this chapter. (q) "nonresident" means an individual domiciled outside this Municipality. (r) "nonresident unincorporated business entity" means an unincorporated business entity not having an office or place of business within this Municipality. (s) "other compensation" means compensation which includes, but is not limited to, tips, gratuities, fees, bonuses, incentive payments, prizes and awards. (t) "owner" means an individual sole proprietor of a business, a partner of a partnership, a shareholder of an "S" corporation, a member of a limited liability company or other person with an ownership interest in a pass-through entity. (u) "pass-through entity" means a partnership, “S” corporation, limited liability company or any other class of entity the income or profits from which are given passthrough treatment under the Internal Revenue Code. (v) "person" means every natural person, partnership, limited partnership, fiduciary, association, corporation, or other entity. Whenever used in any clause prescribing and imposing a penalty, the term "person" as applied to any unincorporated entity, shall mean the partners or members thereof, and as applied to corporations, the officers thereof. (w) "place of business" means any bona fide office (other than a mere statutory office), factory, warehouse or other space which is occupied and used by the taxpayer in carrying on any business activity individually or through one or more of his regular employees regularly in attendance. (x) "resident" means an individual, partnership, limited partnership, association, corporation or other entity domiciled in this Municipality. (y) "resident unincorporated business entity" means an unincorporated business entity having an office or place of business within this Municipality. (z) "S" corporation means a corporation that has made an election under Subchapter S of Chapter l of Subtitle A of the Internal Revenue Code for its taxable year. (aa) "taxable income" means gross wages, gross salaries, commissions, and other compensation paid by an employer or employers before any deductions and/or the net profits from the operation of a business, profession or other enterprise or activity adjusted in accordance with the provisions of this chapter i.e. Section 183.03. (bb) "taxable year" means the calendar year, or the fiscal year upon the basis of which net profits are to be computed under this chapter and, in the case of a return for a fractional part of a year, the period for which such return is required to be made. (cc) "taxpayer" means a person, professional, broker, contractor, subcontractor, independent contractor and others whether an individual, partnership, limited partnership, 3

association, or any corporation or other entity, required hereunder to file a return or pay a tax. The singular shall include the plural, and the masculine shall include the feminine and the neuter. 183.03 IMPOSITION OF TAX. (a) Subject to the provisions of Section 183.17, an annual tax for the purposes specified in Section 183.01 hereof shall be imposed on and after January 1, 1998, at the rate of one percent (1%) per annum upon the following: (1) On all gross salaries, gross wages, commissions, tips, gratuities, and other compensation earned during the effective period of this chapter by residents of this Municipality. (2) On all gross salaries, gross wages, commissions, tips, gratuities, and other compensation earned during the effective period of this chapter by non- residents who are employees of a resident unincorporated business entity or resident incorporated business entity. (3) On earnings, payments, bonuses, commissions and/or fees emanating from business or other activities conducted within the Municipality and received by professionals, brokers and others who are independent contractors and not employees and who are residents or non-residents of the Municipality. (4) A. On the portion attributable to this Municipality of the net profits earned during the effective period of this chapter of all resident unincorporated businesses, professions or other entities, derived from sales made, work done, services performed or rendered and business or other activities conducted in or for this Municipality, the owners of which are not residents of the Municipality. B. On the portion of the distributive share of the net profits earned during the effective period of this chapter of a resident partner or owner of a resident unincorporated business entity not attributable to this Municipality and not levied against such unincorporated business entity by this Municipality. (5) A. On the portion attributable to this Municipality of the net profits earned during the effective period of this chapter of all non-resident unincorporated businesses, professions or other entities, derived from sales made, work done or services performed or rendered and business or other activities conducted in or for this Municipality , the owners of which are not residents of the Municipality and whether or not such unincorporated business entity has an office or place of business in this Municipality. B. On the portion of the distributive share of the net profits earned during the effective period of this chapter of a resident partner or owner of a non-resident unincorporated business entity not attributable to this Municipality and not levied against such unincorporated business entity by this Municipality. (6) On the portion attributable to this Municipality, of the net profits earned, during the effective period of this chapter, of all corporations derived from sales made, work done, services performed or rendered and business or other activities conducted in or for this Municipality, whether or not such corporations have an office or place of business in this Municipality.

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(b) The portion of the net profits attributable to this Municipality of a taxpayer conducting a business, profession or other activity both within and without the boundaries of this Municipality shall be determined as provided in Ohio R.C. 718.02 and in accordance with the Rules and Regulations adopted by the Finance Director pursuant to this chapter. (c) In the computation of any tax due under this chapter, a business loss of any tax year shall not be allowed or carried forward or backwards to reduce the tax due in any subsequent tax year. (d) For no reason may a business loss be offset against salaries, wages, commissions or other personal service compensation. (e)

Consolidated Returns. (1) Filing of consolidated returns may be permitted, required or denied in accordance with Rules and Regulations prescribed by the Finance Director. However, an affiliated group of corporations shall, subject to the provisions of this chapter, have the privilege of making a consolidated return with respect to the income tax imposed for the taxable year in lieu of separate returns. The making of a consolidated return shall be done in the same way that a consolidated return for the affiliated group is filed with the Internal Revenue Service. All corporations that at any time during the taxable year have been members of the affiliated group must consent to all the prescribed consolidated return regulations prior to the last day prescribed by this chapter for the filing of such return. The filing of a consolidated return shall constitute such consent. In the case of a corporation which is a member of the affiliated group for a fractional part of the year, the consolidated return shall include the income of such corporation for such part of the year as it is a member of the affiliated group. (2) In the case of a corporation that carried on transactions with its stockholders or with other corporations related by stock ownership, interlocking directorates, or some other method, or in case any person operates a division, branch, factory, office, laboratory or activity within this Municipality constituting a portion only of its total business, the Finance Director shall require such additional information as he may deem necessary to ascertain whether net profits are properly allocated to this Municipality. If the Finance Director finds net profits are not properly allocated to this Municipality by reason of transactions with stockholders or with other corporations related by stock ownership, interlocking directorates, or transactions with such division, branch, factory, office, laboratory or activity or by some other method, he shall make such allocations as he deems appropriate to produce a fair and proper allocation of net profits to this Municipality.

(f)

Other Taxable Income. (1) Contributions to an IRA, SEP, 401K, H.R. 10 Plan or any other deferred program that are subject to Social Security and/or Medicare Plans but may not W-2 Gross Income, are taxable. (2) Income from Subchapter S Corporations, Limited Liability Companies and other Pass-Through Entities are taxable to a resident shareholder to the extent not subject to Municipality Income Tax. If you are a shareholder or member in such an entity, you must include in your income your share of the corporation's taxable income whether or not the 5

amount was actually distributed to you. (3) The premium value of group term life insurance coverage in excess of fifty thousand dollars ($50,000) which is purchased with employer contributions is taxable. This income is known as "imputed income". (4) The ordinary income portion of a stock option or employee stock purchase plan, as defined by the Internal Revenue Service, is subject to the tax. (5) Supplemental Unemployment Benefits received (SUB Payments) are subject to the tax. (6) Winnings over five thousand dollars ($5,000) earned or derived from gaming, wagering, lotteries (including, but not limited to, the Ohio State Lottery) or games of chance are taxable. (7) Early retirement incentives, wage continuation plans and severance plan payments received, are taxable. (8) Executor, administrator and trustee fees are taxable. (9) Royalties are taxable. (g) Exemptions. The provisions of this chapter shall not be construed as levying a tax upon the following: (1) Funds received, directly or indirectly, from local, state, or federal governments because of service in the armed forces of the United States by the person rendering such service or as a result of the service of another person. (2) Alimony payments, child support, poor relief, pensions, Social Security benefits, unemployment compensation (but not including Supplemental Unemployment Benefits) and disability benefits received from private industry or local, state or federal governments or from charitable, religious or educational organizations. (3) Dues, contributions and similar payments received by charitable, religious, educational, or literary organizations or labor unions, lodges, and similar organizations. (4) Receipts from casual entertainment, amusements, sports events, and health and welfare activities conducted by bona fide charitable, religious and educational organizations and associations. (5) Any association, organization, corporation, club or trust, which is exempt from federal taxes on income by reason of its charitable, religious, educational, literary, scientific, et cetera, purposes. (6) Gains from involuntary conversions, cancellation of indebtedness, interest on federal obligations and income of a decedent's estate during the period of administration (except such income from the operation of a business). (7) Earnings and income of all persons under eighteen (18) years of age, whether residents or non-residents. (8) On or after January 1, 2001, compensation paid to an individual for personal services performed in this Municipality. A. If the individual does not reside in this Municipality; and B. If they perform such personal services in this Municipality on twelve (12) or fewer days in the calendar year; and C. If this individual is an employee and the principal place of business of the individual's employer is located outside this Municipal corporation, and the individual pays 6

taxes on this compensation to the municipal corporation in which the employer's principal place of business is located and that no portion of that tax is refunded to this individual. (9) The rental value of a home furnished to a minister of the gospel as part of his/her compensation or the rental allowance paid to him/her as compensation to the extent used by the minister to rent or provide a home. (10) Proceeds of insurance paid by reason of death of the insured, annuities, workers compensation insurance benefits, compensation for personal injuries and like reimbursements, not including damages for the loss of profits. (11) otherwise. (12)

Compensation for damage to property received by way of insurance or

Interest and dividends as listed by individuals on Form 1040, Schedule B.

183.04 CREDIT FOR TAXES PAID TO ANOTHER MUNICIPALITY. (a)

A credit will be allowed in the amount of one-half of one percent (½%) of income earned in another city upon which the other City tax has been paid, other city tax rate is one-half of one percent (½%) or more. (b) If you receive a refund of all and/or a portion of the taxes, claimed as a credit on your Municipality Tax Return as having been paid to another municipality, and you claimed credit for said taxes on your Municipality Tax Return, you are required to file an amended City of Canfield Tax Return and pay the balanced due the Municipality.

183.05 EFFECTIVE PERIOD. This Chapter 183 Income Tax shall be levied, collected and paid with respect to the gross salaries, gross wages, commissions and other compensation, and with respect to the net profits of businesses, professions or other activities earned on and after January 1, 1998.

183.06 TAX RETURN AND PAYMENT OF TAX. (a) Beginning after 2003, each taxpayer, except as herein provided, shall whether or not a tax be due thereon, make and file a tax return on or before April 15 of the year following the effective date of this chapter, and on or before April 15 of each year thereafter. When the return is made for a fiscal year or other period different from the calendar year, the return shall be filed 7

on or before the 15th day of the fourth month following the end of such fiscal year or period. (b) The tax return shall be filed with the Finance Director on a form setting forth and including:

(1) The aggregate amounts of gross salaries, gross wages, commissions and other compensation earned, including, but not limited to, earnings, payments, bonuses, and fees received by a person, professional, broker, contractor, subcontractor, independent contractor and gross income from business, profession or other activity, less ordinary, reasonable, and necessary expenses incurred in the acquisition of such gross business income earned during the preceding year and subject to said tax; and (2) The amounts of the tax imposed by this chapter on such earnings and profits; and (3) The taxpayer must file with his/her Municipality Tax Return copies of all W-2 forms, 1099 Miscellaneous Income Forms, Page one of Form 1040, Form 1040 Schedule C (including cost of goods manufactured and/or sold), Form 1040 Schedule E, Pages one and two of Form 1120, Form 1120S (including Form K-1), Form 1065 (including Form K-1), and any other Federal Income Tax Schedules when applicable. (4) Such other pertinent statements, information returns, or other information as the Finance Director may require. (c) The Finance Director shall extend the time for filing of the annual Municipality return if a copy of the taxpayer's request for a Federal Income Tax filing extension is timely filed with the Finance Director. No extension may exceed six (6) months or one (1) month beyond the extension requested of or granted by the Internal Revenue Service for the filing of the Federal income tax return and will not be approved for a period less than the Federal extension request. The request for extension shall be filed by the taxpayer with the Finance Director not later than the last day for filing the Municipal income tax return as prescribed by this Chapter 183.06(a). The Finance Director may require a tentative return accompanied by payment of the amount of tax shown to be due thereon, to be filed by the taxpayer, by the date the tax return is normally due. The Finance Director may deny a taxpayer's request for extension only if the taxpayer fails to timely file the request, fails to file a copy of the request for the Federal Income Tax extension, owes the Municipality any delinquent income tax or any penalty, interest, assessment or other charge for the late payment or non-payment of income tax, or has failed to file any required income tax return, report or other required document for a prior tax period. The granting of an extension for filing this Municipality's income tax return does not extend the last date for paying the tax without penalty unless the Finance Director grants an extension of that date. (d) (1) The Taxpayer making a tax return shall, at the time of filing thereof, pay to the Canfield City Income Tax Department the amount of taxes shown as due thereon. (2) A Taxpayer who has overpaid the amount of tax to which this Municipality is entitled under the provisions of this chapter may have such overpayment applied to the following year’s estimated tax or against any subsequent liability hereunder, or, at his election, as indicated on the return, such overpayment shall be refunded. 8

(3) No additional taxes or refunds of less than one dollar ($1.00) shall be collected or refunded. (e)

(1)

Amended Returns: (a)

When necessary, an amended return must be filed in order to report additional income and pay any additional tax due, or to claim a refund of overpaid tax, subject to the requirements and/or limitations contained in Sections 183.12 and 183.16. Such amended returns shall be on a form obtainable on request from the Finance Director. (b) A taxpayer may not change the method of accounting or apportionment of income or net profits after the due date for filing the original return. (c) When, after any Internal Revenue Service or State audit has resulted in any change in the taxpayer’s income, subject to the Municipality’s income tax, the taxpayer must file an amended Municipality tax return, for the year or years audited, within three (3) months of the final determination date of such audit and pay any additional Municipality tax due thereon or make a claim for refund for any overpayment.

183.07 COLLECTION AT SOURCE. (a) Except as provided in subsection (b) below, each employer within or doing business within this Municipality shall deduct and withhold at the time of payment of any salary, wage, commission or other compensation, the Municipality tax of one percent (1%) of the gross salaries, gross wages, commissions or other compensation, subject to the Municipality tax, due by said employer to said employee and shall, at a minimum, on or before the last day of the month following the close of each calendar quarter or as required by subsection (f), file a return and pay to the Finance Director the amount of taxes so deducted and withheld. Said returns shall be on a form or forms prescribed by or acceptable to the Finance Director and shall be subject to the Rules and Regulations prescribed therefor by the Finance Director. Such employer shall be liable for the payment of the tax required to be deducted and withheld, whether or not such taxes have in fact been withheld. (b) Beginning January 1, 2001, non-resident employers, agents of such employers or other payers that are not situated in this Municipality shall not be required to deduct and withhold Municipality taxes from the taxable income of an individual unless the total amount of tax required to be deducted and withheld for this Municipality on account of all of the employer's employees or all of the other payer's payees exceeds one hundred fifty dollars ($150.00) for any calendar year beginning on or after that date. (c) Tax Shelter Plans-Contributions by employees to a retirement system are not deductible by such employee. When such contributions are deducted by an employer from the earnings of an employee, such amounts are subject to the Municipality tax and are subject to 9

withholding. Employer contributions to a SEP, IRA, 401K, including any amount that constitutes supplemental unemployment compensation not included in wages or any other deferred compensation program must be included with an employee's Municipality taxable wages and compensation and such amounts are subject to withholding. Early retirement incentives, severance payments and wage continuation plans are taxable and are subject to withholding. (d) The employer and/or the officer or employee having control or supervision of or charged with the responsibility of filing the report and making payments, is personally liable for failure to file the report and/or pay the tax due as required by this chapter. The dissolution of a corporation does not discharge an officer's or employee's liability for a prior failure of the corporation to file Municipality tax returns and/or pay any tax due. (e) Any employer responsible for collecting Municipality tax shall be deemed to hold same, until payment is made by such employer to this Municipality, as a Trustee for the benefit of this Municipality, and any such tax collected by such employer from his employees, shall, until the same is paid to this Municipality, be deemed a trust fund in the hands of such employer. (f) An employer who withholds one hundred dollars ($100.00) or more in any month pursuant to this section shall be required to remit such amount with the forms so prescribed, on or before the last day of the month following the close of the calendar month within which the tax was withheld.

(g) On or before the last day of February of each year, an employer must file with the Municipality, a completed reconciliation of the total employer monthly and quarterly withholding tax payments made to the Municipality compared to the total Municipality tax withheld as shown on the W-2’s of employee’s subject to the Municipality’s tax. This reconciliation form must be made along with copies of all W-2 forms for any employee subject to the Municipality’s tax. The W-2 forms must include the name, address, Social Security number, all types of gross compensation i.e. income subject to Social Security, Medicare, etc., and Municipality tax withheld. An employer, with 25 or more employees, that is required to file this reconciliation, must file the reconciliation electronically in the same format as that required by the Social Security Administration. The Finance Director may alter or change this style of electronic filing, from time to time, as information requirements change.

If for any reason, the one percent (1%) Municipality tax was not withheld from all of a taxable employee’s compensation, it must be explained in writing, to the Finance Director, as to why the one percent (1%) Municipality tax was not withheld from such individual. e.g. the employee was under eighteen years old, etc.. Every employer required to deduct and withhold the Municipality tax at the source is liable to the Municipality for payment of such tax whether 10

or not actually collected from an employee subject to the Municipality tax. (h) On February 28th each year all individuals, businesses, employers, brokers or others who engage persons, either on a fee or commission basis or as independent contractors and not employees (those who are not subject to withholding) must provide the Municipality Income Tax Department with copies of all 1099 Miscellaneous Income Forms and/or a list of names, addresses, Social Security numbers and total amount of earnings, payments, bonuses, commissions and/or fees paid to each person. (i)

The Finance Director, for good and reasonable cause, shall have the authority to require the immediate filing and payment of any tax return or payment of tax.

183.08 ESTIMATED INCOME TAX DECLARATIONS. (a) Every person, except an individual employee whose only taxable income is taxable wages that are subject to the withholding of Municipality income tax pursuant to Section 183.07, who anticipates any taxable income, or who engages in any business, profession, enterprise or activity subject to the tax imposed by Section 183.03 hereof shall file a declaration setting forth such estimated income or the estimated profit or loss from such business activity together with the estimated tax due thereon, if any. An estimated income tax declaration is not required to be filed if the amount of the estimated tax, due and payable, is less than $10. (b) (1) Such declaration shall be filed on or before April 15th each year during the life of this chapter, or on or before the 15th day of the 4th month after the date the taxpayer becomes subject to tax for the first time. (2) Those taxpayers reporting on fiscal year basis shall file a declaration on or before the 15th day of the 4th month after the beginning of each fiscal year or period. (c) Such declaration shall be filed upon a form furnished by, or obtainable from the Finance Director, provided, however, credit shall be taken for this Municipality's income tax to be withheld pursuant to Section 183.07. (d) The original declaration (or any subsequent amendment thereof) may be increased or decreased on or before any subsequent quarterly payment date as provided for herein. (e) An amended declaration must be made by January 31 for individuals and December 15 for all other taxpayers if it appears that the original declaration underestimated the income for the year by more than ten percent (10%) or if the original declaration is not equal to the taxpayer's prior year tax liability. (f) For individuals, such declaration of estimated tax to be paid to this Municipality shall be accompanied by a payment of at least one-fourth (1/4) of the estimated annual tax on or before April 15, and again on or before July 31, and October 31 of the taxable year, and January 11

31 of the next year. For all other taxpayers, such declaration of estimated tax to be paid to this Municipality shall be accompanied by a payment of at least one-fourth (1/4) of the estimated annual tax on or before April 15 and at least a similar amount shall be paid on or before June 15, September 15 and December 15. A taxpayer reporting on a fiscal year shall make a payment of at least one-fourth (1/4) of the estimated tax on or before the 15th day of the fourth month of the taxpayer's taxable fiscal year and the 15th day of the sixth, ninth and twelfth months of the taxpayer's taxable fiscal year, provided, however, that when an amended declaration is filed, the unpaid balance shown due thereon shall be paid in equal installments on or before the remaining payment dates. (g) On or before the 15th day of the fourth month of the year following that for which such declaration or amended declaration was filed, an annual return shall be filed and any balance which may be due this Municipality shall be paid therewith in accordance with the provisions of Section 183.06 hereof.

183.09 DUTIES OF THE FINANCE DIRECTOR. (a) (1) It shall be the duty of the Finance Director to receive and collect the tax imposed by this chapter in the manner prescribed herein from the taxpayers; to keep an accurate record thereof; and to report all monies so received and collected. (2) It shall be the duty of the Finance Director to enforce payments of all taxes owed this Municipality, to keep accurate records for a minimum of five (5) years showing the amount due from or refunded to each taxpayer required to file a declaration and/or make and file any income tax return, including taxes withheld, and to show the dates and amounts of payments thereof. (b) Said Finance Director is hereby charged with the enforcement of the provisions of this chapter, and is hereby empowered, subject to the approval of the Municipality (City) Manager and the advice and counsel of the Municipality (City) Attorney, to adopt, promulgate and enforce rules and regulations relating to any matter or thing pertaining to the collection of taxes, and the administration and/or the enforcement of the provisions of this chapter, including provisions for the examination and correction of tax returns. The Finance Director is authorized to arrange for the payment of any unpaid taxes, interest and penalties on an installment payment basis, when the taxpayer has satisfactorily proved to the Finance Director that due to certain hardship conditions, the taxpayer is unable to pay the full amount of the tax when due and payable. Such authorization shall not be granted until proper tax returns are filed by the taxpayer for all amounts owed by the taxpayer under this chapter. Failure to make any installment or deferred payment when due shall cause the total unpaid amount, including penalty and interest, to become payable on demand and the provisions of Section 183.12 and 183.99 shall apply. (c) In any case where a taxpayer has failed to file a return or has filed a return which does not show the proper amount of tax due, the Finance Director may determine the amount of tax due and payable to this Municipality from the taxpayer and shall send to such taxpayer a written statement showing the amount of tax so determined, together with interest and penalties thereon, if any. 12

(d) Subject to the consent of the Board of Review, the Finance Director shall have the power to compromise any interest and penalty, or both, imposed by Section 183.11. (e) The Finance Director shall annually submit a written report to the Municipality (City) Manager, Council and the Board of Review outlining the procedures which were undertaken to ensure compliance with Section 183.09(a)(2) and Section 183.09(b) during the past year. Said report shall be issued in the month of August for the prior tax year.

183.10 INVESTIGATIVE POWERS OF THE FINANCE DIRECTOR; (a) The Finance Director, is hereby authorized to examine the books, papers, records, and federal income tax returns of any employer or of any taxpayer or person subject to, or whom the Finance Director believes is subject to the provisions of this chapter, for the purpose of verifying the accuracy of any tax return made, or, if no return was made, to ascertain the tax due under this chapter. Every such employer, supposed employer, taxpayer or supposed taxpayer or person subject to the Municipality tax, is hereby directed and required to furnish, upon written request by the Finance Director, the means, facilities, and opportunity for making such examinations and investigations as are hereby authorized. (b) The Finance Director is hereby authorized to order anyone presumed to have knowledge of the facts involved in any investigation, to appear before the Finance Director and may examine anyone, so ordered, under oath, concerning any Municipality income tax matter being investigated by the Finance Director. For this purpose, the Finance Director may compel the production and delivery of books, papers, records, and federal income tax returns to the Finance Director. The Finance Director may also compel the attendance of any or all involved persons at any hearing or review conducted by the Finance Director, whether as parties or witnesses, whenever he believes such persons have knowledge of the matter being investigated. (c) The refusal to produce books, papers, records or federal income tax returns, or the refusal to submit to such examination by any employer or person or entity subject or presumed to be subject to the Municipality tax or by any officer, agent or employee of a person or entity subject to the Municipality tax or required to withhold Municipality tax or the failure of any person or entity to comply with the provisions of this section or with an order or subpoena of the Finance Director authorized hereby shall be deemed a violation of this chapter, punishable as provided in Section 183.99 hereof. (d) Any information gained as a result of any Municipality tax returns, investigations, hearings or verifications required or authorized by this chapter shall be confidential except for official purposes, or except in accordance with an appropriate judicial order. Any person divulging such information in violation of this chapter shall, upon conviction hereof, be deemed guilty of a misdemeanor of the first degree and shall be fined not more than one thousand dollars ($1,000) or imprisoned not more than six (6) months or both for each offense. Each disclosure shall constitute a separate offense. In addition to the above penalty, any employee of this Municipality who violates the 13

provisions of this section, relative to the disclosure of confidential information, shall be guilty of an offense punishable by immediate dismissal. (e) Any and all taxpayers shall retain all records necessary to conform with this Chapter 183 for a period of five years from the original due date of the tax return required to be filed.

183.11 INTEREST AND PENALTIES. (a) All taxes imposed and all monies withheld or required to be withheld by employers under the provisions of this chapter that remain unpaid after they become due and payable, shall bear interest at the rate of one and one-half percent (1-1/2%) per month or any fraction thereof that they remain unpaid. (b) In addition to interest as provided in subsection (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 that these taxes remain unpaid after they become due and payable or twenty dollars ($20.00), whichever is greater. (2) For failure to remit taxes withheld from employees; five percent (5%) per month or fraction thereof, not to exceed 25% of these taxes that remain unpaid after they become due and payable or twenty dollars ($20.00), whichever is greater. (c) The minimum penalty for failure to file a complete and timely tax return as specified in Section 183.06 shall be twenty dollars ($20.00) whether or not a tax is due. (d) Exceptions - A penalty shall not be assessed on an additional tax assessment made by the Finance Director when a return has been filed in good faith and the tax is paid thereon within the time prescribed by the Finance Director; and provided further, that in the absence of fraud, neither penalty nor interest shall be assessed on any additional tax assessment resulting from a Federal or State Income tax audit, providing an amended return is filed and the additional tax is paid within three (3) months after final determination date of the Federal or State audit. Interest, penalty or any other similar assessment or charge, that is otherwise assessed against a taxpayer for the late payment or nonpayment of estimated tax, shall not be imposed in either of the following circumstances: (1) The taxpayer is an individual who resides in the Municipal corporation but was not domiciled there on the first day of January of the tax year for which the estimated tax declaration was required. (2) The taxpayer has remitted an amount at least equal to one hundred percent (100%) of the taxpayer's liability for the preceding year as shown on the return filed by the taxpayer for the preceding year provided that the return for the preceding year reflected a twelve-month period and the taxpayer filed a return for the preceding year. (e) The Finance Director may abate and waive any penalty imposed by this chapter. Only the Board of Review may waive applicable interest charges. Upon appeal from the refusal of the Finance Director to recommend abatement of penalty, the Board of Review may nevertheless 14

abate penalty or interest, or both.

183.12 COLLECTION OF UNPAID TAXES AND REFUNDS OF OVERPAYMENTS. (a) All unpaid taxes imposed by this chapter shall be collectible, together with any interest and penalties thereon, by a civil action at law initiated by the Municipality. All additional assessments shall be made and all civil actions to recover Municipality income taxes, and penalties and interest thereon shall be brought within three (3) years after the tax was due or the return was filed, whichever is later. (b) Taxes erroneously paid shall not be refunded unless a claim for a refund is filed with the Finance Director. Claims for refund of Municipality income taxes must be brought within the time limitation provided in subsection (a) hereof. (c)

Amounts of less than one dollar ($1.00) shall not be collected or refunded.

183.13 CHECK CHARGES. A charge of twenty dollars ($20.00) shall be added to any tax due when any check used in payment of taxes, penalties or interest is returned unpaid by the bank or respective financial institution. Such charge shall offset the cost of additional bookkeeping and processing and shall be levied regardless of any charge which may be levied against the maker by his/her bank or respective financial institution. Notice by the Finance Director to the taxpayer that a check has been returned unpaid is not required nor is notice of the above charge required. The tender of payment of tax, penalties, fees, charges or interest shall not be considered as received so long as such charge remains unpaid.

183.14 BOARD OF REVIEW. (a) A Board of Review, consisting of a chairman and two other individuals to be appointed by the Municipality Council for a term of three years is hereby created. A majority of the members of the Board shall constitute a quorum. The Board shall adopt its own procedural rules and shall keep records of its transactions. Any hearing by the Board will be conducted privately and the provisions of Section 183.10 hereof with reference to the confidential character of information required to be disclosed by the chapter shall apply to such matters as may be heard before the Board on appeal or otherwise. (b) All rules and regulations or changes thereto which are adopted by the Finance Director under the authority conferred by this chapter must be approved by the Municipality (City) Manager together with the advice and counsel of the Municipality (City) Attorney before the same become effective. (c) Whenever the Finance Director issues a decision regarding a taxpayer Municipality income tax obligation, that is subject to appeal as provided in this section or in an ordinance or 15

regulation of this Municipality, the Finance Director shall immediately notify the taxpayer of the taxpayer's right to appeal the decision and of the manner in which the taxpayer may appeal the action. Any person who is aggrieved by a decision by the Finance Director and who has filed, with this Municipality, the required tax returns or other documents pertaining to this Municipal income tax obligation at issue in the decision, may appeal the decision to the Board created pursuant to this section by filing a request for a hearing or review with the Board. The request shall be in writing, shall state why the decision should be deemed incorrect or unlawful and shall be addressed to the Income Tax Board of Review and filed with the Canfield City Clerk, 104 Lisbon Street, Canfield, Ohio 44406 within thirty days after the Finance Director issues the decision being appealed The Board shall schedule a hearing within forty-five days after receiving the request unless the taxpayer waives a hearing. If the taxpayer does not waive a hearing, the taxpayer may, when scheduled, appear before the Board and may be represented by an attorney-at-law, certified public accountant or other representative. (d) The Board may affirm, reverse or modify the Finance Director's decision or any part of that decision. The Board shall issue a decision on the appeal within ninety days after the Board's final hearing on the appeal and send notice of its decision by ordinary mail to the taxpayer within fifteen days after issuing the decision.

183.15 ALLOCATION OF FUNDS. Revenues collected under the provisions of this chapter shall be deposited in the General Fund and shall be used for general Municipality operations, maintenance, new equipment, extension and enlargement of municipal services and facilities and capital improvements of this Municipality or shall be transferred to other funds at the discretion of the Municipality (Canfield City) Council.

183.16 REPEAL CLAUSE. This chapter hereby repeals all past Income Tax ordinances but shall not affect collection of taxes due as a result of said ordinances.

183.17 SAVING CLAUSE. If any sentence, clause, section or part of this chapter, or any tax against any individual or any of the several groups specified herein, is found to be unconstitutional, illegal or invalid, such unconstitutionality, illegality or invalidity shall affect only such clause, sentence, section or part of this chapter and shall not affect or impair any of the remaining provisions, sentences, clauses, sections or other parts of this chapter. It is hereby declared to be the intention of the Council of the Municipality that this chapter would have been adopted had such unconstitutional, illegal or invalid sentence, clause, section or part thereof had not been included herein.

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183.18 COLLECTION OF TAX AFTER TERMINATION OF CHAPTER. (a) This chapter shall continue effective insofar as the levy of Municipality taxes is concerned through December 31, 2027, and insofar as the collection of taxes levied hereunder and actions or proceedings for collecting any tax so levied or enforcing any provisions of this chapter are concerned, it shall continue effective until all of said taxes levied in the aforesaid period are fully paid and any and all suits and prosecutions for the collection of said taxes or for the punishment of violations of this chapter shall have been fully terminated, subject to the limitations contained in Sections 183.12 and 183.99. (b) Annual returns due for all or any part of the last effective year of this chapter shall be due on the date provided in Sections 183.05 and 183.06 as though the same were continuing.

183.99 VIOLATIONS; PENALTIES. (a) Any person, firm, entity or corporation who shall: (1) Fail, neglect or refuse to make any return, questionnaire, or declaration required by this chapter; or (2) Make any incomplete, false or fraudulent return or declaration; or (3) Fail, neglect or refuse to pay the tax, penalties or interest imposed by this chapter; or (4) Fail, neglect or refuse to withhold the tax from his employees or remit such withholding to the Finance Director; or (5) Refuse to permit the Finance Director or any duly authorized agent to examine his books, records, papers and Federal Income Tax returns relating to the income or net profits of a taxpayer; or (6) Fail to appear before the Finance Director and to produce his books, records, papers or Federal Income Tax returns relating to the income or net profits of a taxpayer upon order or subpoena of the Finance Director; or (7) Refuse to disclose to the Finance Director any information with respect to the income or net profits of a taxpayer; or (8) Fail to comply with the provisions of this chapter or any order or subpoena of the Finance Director authorized hereby; or (9) Give to an employer false information as to his true name, correct Social Security number and residence address or fail to promptly notify an employer of any change in residence address and date thereof; or (10) Fail to use ordinary diligence in maintaining proper records or employees' residence addresses, total wages paid and this Municipality's income tax withheld, or to knowingly give the Finance Director false information; or (11) Do anything whatsoever to avoid the payment of the whole or any part of the tax, penalties or interest imposed by this chapter;

shall be guilty of a misdemeanor of the first degree and shall be fined not more than one thousand dollars ($1,000) or imprisoned not more than six months or both for each offense.

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(b) Prosecutions for an offense made punishable under this section or any other provision of this chapter shall be commenced within three years after the commission of the offense, provided that in the case of fraud, failure to file a return, or the omission of twenty-five percent (25%) or more of income required to be reported, prosecutions may be commenced within six years after the commission of the offense. (c) The failure of any employer or person to receive or procure a return, declaration or other required form shall not excuse him from making any information return, return, or declaration, and from filing such form, or from paying the tax.

CODIFIED ORDINANCES OF CANFIELD

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