71-10 Amend Chpt 128, Municipal Income Tax

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128.1302 COLLECTION AT SOURCE. (a) In accordance with rules and regulations prescribed by the Administrator, each employer within or doing business within the City shall deduct, at the time of the payment of such sala ,wages, commission or other compensation, the tax of one and one-half percent (1-lry/2%) per annum of the gross salaries, wages, commissions or other compensation due by the employer to -each employee, and shall, on or before the twentieth day of each month, make a return and pay to the Administrator the amount of taxes so deducted during the previous month. However, if the amount of the tax so deducted 6y an employer in any one month is less than one hundred dollars ($100.00), the employer may defer the filing of a return and payment of the amount deducted until the twentieth day of the month following the end of the calendar quarter in which such month occurred. (b) Such returns shall be on a form or forms prescribed or acceptable to the Administrator and shall be subject to the rules and regulations prescribed therefor by the Administrator. The 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. (c) The employer in collecting the tax. shall be deemed to hold the same until payment is made by such employer to the City as a trustee for the benefit of the City, and any such tax collected by such emptoyer from his employees shall, until the same is paid to the Gty be deemed a trust fund in the hands of such employer. (d) No person shall be required to withhold the tax on wages or other compensation paid domestic servants employed by him exclusively in or about such pperson's residence, even though such residence is in the City, but such employee shall be subject to all of the requirements of this chapter. (e) Mana er's Obli ation. 1) Every manager is deemed to be a trustee of this municipality in collecting funds and holding the tax required under ordinance to be withheld, and the funds so collected by such withholding are deemed to be trust funds. Every manager is liable directly to this municipality for payment of such trust, whether actuall~ collected by such employer or not. Any tax deducted and withhe d is to be considered paid to this municipality, whether or not the employer actually remits the tax to this municipality for purposes of determining emplo ee payments or credits. (2) All managers shall be personally liable to the extent of the tax, interest, and penalty, jointly and severally, for failure to file the employer's return or to pay the employer's tax, interest and penalty as required under this chapter. (3) No change in structure by an employer including a fundamental change, discharges its managers from liability for the employees' or manager's failure to remit funds held in trust, to file a tax return or to pay taxes.. 128.1303 DECLARATIONS OF INCOME NOT COLLECTED AT SOURCE. Except as provides in this section, every person shall file a declaration setting forth taxable income, including distributive shares of net profits of unincorporated business entities, estimated to be earned by the taxpayer during the current tax year, together with the estimated tax due thereon, less tax withheld within the City, less the tax credit allowed in Section 128.1902, unless such taxpayer anticipates that such tax will be fully withheld within the City, and any income. earned outside the City will be fully taxed at the same or higher rate of tax m another municipality. If the estimated