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31-15 Municipal Income Tax
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31-15 Municipal Income Tax
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employer shall make such withholding until such time that the predecessor em- <br />ployer has paid such taxes, interest and penalties. If the successor fails to with- <br />hold such amount, then the successor, and hi a personal manner, the successor's <br />manager shall be jointly and severally liable for the payment of such taxes, in- <br />terest and penalty. (Ord. 71 -10. Passed 11- 1 -10.) <br />128.1302 COLLECTION AT SOURCE. <br />(a) In accordance with rules and regulations prescribed by the Administrator, <br />each employer within or doing business within the City shall deduct, at the time <br />of the payment of such income, salary, wages, commission or other emmpensa- <br />tion, the tax of one and one -half percent (1 -1/2 %) per annum of the gross in- <br />come, salaries, wages, commissions or other compensation due by the employer <br />to each employee, and shall, on or before the last day of each month, make a re- <br />turn and pay to the Administrator the amount of taxes so deducted during the <br />previous month. However, if the amount of the tax so deducted by an employer <br />in any one month is less than one hundred <br />dollars ($100.00) per month based on the previous tax year's quarterly average, <br />the employer may defer the filing of a return and payment of the amount deduct- <br />ed until the last day of the month following the end of the calendar quarter in <br />which such month occurred. <br />(b) Such returns shall be on a form or forms prescribed or acceptable to the <br />Administrator and shall be subject to the rules and regulations prescribed there- <br />for by the Administrator. The employer shall be liable for the payment of the tax <br />required to be deducted and withheld whether or not such taxes have, in fact, <br />been withheld. <br />(c) The employer in collecting the tax shall be deemed to hold the same until <br />payment is made by such employer to the City as a trustee for the benefit of the <br />City, and any such tax collected by such employer from his employees shall, un- <br />til the same is paid to the City be deemed a trust fund in the hands of such em- <br />ployer. <br />(d) No person shall be required to withhold the tax on wages or other compen- <br />sation paid domestic servants employed by him exclusively in or about such per- <br />son's residence, even though such residence is in the City, but such employee <br />shall be subject to all of the requirements of this chapter. <br />(e) Manager's Obligation. <br />(1) Every manager is deemed to be a trustee of this Municipality in collecting <br />funds and holding the tax required under ordinance to be withheld, and the funds <br />so collected by such withholding are deemed to be trust funds. Every manager is <br />liable directly to this Municipality for payment of such trust whether actually <br />collected by such employer or not. Any tax deducted and withheld is to be con- <br />sidered paid to this Municipality, whether or not tine employer actually remits <br />the tax to this Municipality for purposes of determining employee payments or <br />credits. <br />(2) All managers shall be personally liable to the extent of the tax, interest, and <br />Penalty, jointly and severally, for failure to file the employer's return or to pay <br />tine employer's tax, interest and penalty as required under this chapter. <br />(3) No change in structure by an employer, including a fundamental change, <br />discharges its managers from liability for the employees' or manager's failure to <br />remit funds held in trust to file a tax return or to pay taxes. <br />(t) On or before February 28 of each year, beginning with the year 1986, each <br />employer shall file a withholding return setting forth the names, addresses, and <br />social security numbers of all employees from whose compensation the tax was <br />withheld during the preceding calendar year, the amount of tax withheld from <br />his or her employees and such other information as may be required by the <br />Administrator. All payments not subject to withholding shall be reported on a <br />form required by the Administrator. <br />(g) On or before February 28 of each year all individuals, businesses, employ- <br />ers, brokers or other who engage persons, either on a fee or commission basis or <br />12 <br />
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