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he shall make such allocation as he deems appropriate to produce a fair and <br />proper allocation of net profits to the City. (Ord. 71 -10. Passed 11- 1 -10.) <br />128.1105 AMENDED RETURNS. <br />(a) Where necessary, an amended return must be filed in order to report addi- <br />tional income and pay any additional tax due, or claim a refund of tax overpaid, <br />subject to the requirements, limitations, or both, contained in Sections <br />128.1701, 128.1702, 128.1703 and 128.1902. Such amended return shall be on <br />a form obtainable on request from the Administrator. A taxpayer may not <br />change the method of accounting (that is, cash or accrual) or apportionment of <br />net profit after the due date for filing the original return. <br />(b) Within three months from the final determination of any federal tax liability <br />affecting the taxpayer's City tax liability, such taxpayer shall make and file an <br />amended City return showing income subject to the City tax based upon such fi- <br />nal determination of federal tax liability and pay any additional tax shown due <br />thereon or make claim for refund of any overpayment. (Ord. 71 -10. Passed 11- <br />1-10.) <br />128.1106 BUSINESS LOSSES. <br />Each taxpayer may offset business losses against business net profits from any <br />business <br />conducted in the Municipality or in any Municipality that does not levy an in- <br />come tax on net profits therefrom. However, a loss from the operation of a <br />business may not be used to offset the income on a taxpayer's W -2 and/or 1099 <br />forms. (Ord. 71 -10. Passed 11- 1 -10.) <br />128.1107 REPORTING A NET LOSS. <br />Any business, profession, association or corporation reporting a net loss is sub- <br />ject to the filing requirements of this chapter. (Ord. 71 -10. Passed 11- 1 -10.) <br />PAYMENT OF TAX <br />128.1301PAYMENT OF TAX ON FILING OF RETURNS. <br />(a) The taxpayer making a return shall, at the time of filing thereof, pay to the <br />Administrator the amount of taxes shown as due thereon provided, however, <br />that: <br />(1) Where any portion of the tax so due has been deducted at the source pursu- <br />ant to the provisions of Section 128.1302 or, <br />(2) Where any portion of the tax has been paid by the taxpayer pursuant to the <br />provisions of Section 128.1303 or, <br />(3) Where an income tax has been paid on the same income to another munici- <br />pality, credit for the amount so deducted or paid, or credit to the extent provided <br />for in Section 1 28.1902, shall be deducted from the amount shown to be due <br />and only the balance, if any, shall be due and payable <br />at the time of filing the return. <br />(b) A taxpayer who has overpaid the amount of tax to which the City is entitled <br />under the provisions of this chapter may have such overpayment applied against <br />any subsequent liability hereunder, or, at his election, indicated on the return, <br />such overpayment (or part thereof) shall be refunded, provided that no addition- <br />al taxes or refunds of less than five dollars ($5.00) shall be collected or refund- <br />ed. <br />(c) If any employer which is liable for tax obligations imposed by this chapter <br />undergoes a fundamental change, then the employer and its manager shall be li- <br />able for taxes due up to the date of the fundamental change. Taxes and final tax <br />returns shall be due immediately after the fundamental change. Any successor <br />employer shall withhold fiom any purchase price that the successor owes to the <br />predecessor an amount sufficient to pay all unpaid taxes, interest and penalty <br />which the predecessor employer owes pursuant to this chapter. The successor <br />11 <br />