2004 023 Ordinance - Laserfiche WebLink

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employer of any change of residence and the date thereof. J. Domestic Help - No person shall be required [o withhold the fax on the wages or other compensation paid domestic servants employed exclusively in or about such person's residence, but such employee shall be subject to all of the requirements of the Ordinance. G:03 Collection a[ Source - Return and Payment of Tax Withheld and Status of Employers A Manager's Obhgation: 1. Every manager is deemed to be a trrutee of dtis mutricioaGty in collecting and holding the tax required under Ordinance W be withheld, and the funds so collected by such withholding are deemed to be [nrst funds. Every manager is liable directly to this municipality for payment of such that, whether actually collected by such employer or not Any tax deducted and withheld is to be considered paid to dtis onunicioality, whether or not the employer actually remits the tax to tins mutdcinality for puoposes of detemairdng employee payments or credits. 2. fill managers shall be personally Gable to the extent bf the tax, interest'and penalty jointly and severally, for failure [o file the employer's return or to pay the employees tax, interest and penalty as requhed under this Ordinance. 3. No change in structure by an employer, including a fundamental change, discharges ifs managers from liability for the employees' or managers failure [o remit funds held in bust, ro file a tax return or m pay faxes. B. Dates and Requirements - My tax deductions from salaries, wages and other compensation requhed to be made by employers are to begin with compensation earned on and after the effective date of the Income Tax Ordinance of this municipality. I. Such payment shall be made on an Employers Municipal Tax Withholding Statement (Fomn 11) famished by or obtainable upon request from the Administrator, setting forth the amount of tax deducted for the month. A copy of the Employees Municipal Tax Withholding Statement (Fomt 11) will be retained by the employer for his records. If validation of the taxpaye2s copy is deemed necessary by the employer, the employer must enclose a stamped, selfaddeessed envelope with his remittance, and the original and his copy ofthe Empldyers Municipal Tax Withholding Statement The employer (in additon to any return required to be filed with respect to its own earnings or net profits) shall, on or before the last day of each month file a return (Employees Municipal Tax Withholding Statement, Form 11) and pay to the Administrator the amount of taxes so deducted or withheld with respect to compensation paid to all of its employees subject to the tax under the Ordinance of this municipaliw during the previous month. If the amount of tax so deducted by an employer for this municipality in any one month is less than $100.00, the employer may defer the filing of a return and payment of the amount deducted until the last day of the month following the end of the calendar quarter in which such month occurred. a. The return (Employer's Municipal Tax Withholding Statement, Forth 11) required m be filed under this Section shall be made on the form famished by or obtainable from the Adrninishator. 3. fill tax so withheld and so required to be reported must be paid to the Administrator in full a[ the time of filing of such form. C. Overwithholding - If more than the amount of tax requued to be deducted by the Ordinance is withheld from an employee's pay, such excess maybe refunded by the employer or the Adminisnator, depending upon the circumstances and the time when the overwithholding is detemdned as follows: 1. Clurent Employees: a. ff the ovecwithholding is discovered in the same month, the employer shat make the necessary adjustment directly with the employee and the amount to be reported on the Employer's Municipal Tax Withholding Statement (Form I I) as withheld shat be the corrected amount. ffthe oveewdihholding is discovered in a subsequent mondr of the same calendar year, the employer may make proper adjustment with the employee. 1n such case, the Employers Municipal Tax Withholding Statement (Form 11) for the month m which the adjustment is made shat reflect the total amount actually withheld for the month and the amount of the adjustment deducted therefrom. Also, an amended Form 11 must be filed for the month in which the error occurred reflecting the adjustrnenG c, ff the overwitlilrolding is discovered in a subsequent month of the following calendar year, the employee must make and file a request for a refimd. This request is to be filed on a torn prescribed by and obtainable from the Adminisna[or. 2. ForrrerEmployees: a. 1n the cases where an amount in excess of the fast has been withheld from an employee who is no longer employed by the employer, the Administrator shall refimd the amount of such excess withholding to the employer. b. Jf the error is discovered by the employee, such employee shall fde a claim with the Administrator and upon verification thereof by the employey the Administrator shall refimd the amount of such excess withholding to the employee. D. hrsufficient Withholding - If less than the amount of tax rerprired ro be deducted is withheld from the employee and is discovered in the same yeaz, such deficiency shall be withheld from subsequent wages. If the employex/employer reladoeuhip has temrinated, or if the undeewithholding is discovered in a later year and the employee%mployer relafionship still exists, the employer strall notify the Adminishator of such deficiency and the Beason therefore, and paymentsliall be made by the employer in confomrity with Section 6:02 of these Regulations. E. Annual Reconciliation - On or befog February 28th following any calendar year in which such deductions have been made by any employer, such employer shall file with the Adtninistratoy in the foma prescribed 6y the Adminisuator, an Wocmadon return for each employee from whom municipal income tax has been withheld showing the name, address and social security number of the employee, the total amount of taxable compensation paid during the year and the amount of municipal income tax withheld for this municipalty from each employee. F. Rewnciliafion Return - N addition to such information returns and at the time the same are filed, such employer shall file with the Administrator Form 17 to enable the Administrator to reconcile the sum [oral of taxes withheld as disclosed by the total W-2 Forms or lists of employees. The Foyer 17 shall also reconcile to prior remittances and returns filed by the employer for such tax yeaz with inspect to taxes withheld. G. Types of Reconciliation -The ittfomration return covered under Section 6:03.E shall be made by each employer as follows: I. Effective January I, 2002 the Regional Income Tax Agency is requiring aG Employers issuing 250 or more W-2's to file tax year 2001 W-2's on electronic media. Employees filing fewer than 250 W-2's are enwumged but are no[ required to remit W-2 forns electronically. fill magnetic media reporting for W-2 copy infomafion must conforn to the Social Security Adrninistmdon's magnetc media reporting and electronic filing for tax year 2001 (MMREF-1). Copies of MMREF-1 guidelines can be pointed using the social security adonirdshafion intemet page www.ssa.eov/emnloyer. RFfA grddeGnes can be printed from the RITA web site www.ritam. Also required to be filed on electronic media are employees with 250 or more 1099-raise forays. And those employees cturently filing 100 or mare 1099-mist forms magnetically with SSA 2. Those employers ruing Form W-2 famished commercially may submit a copy of such commercial W-2 providing the copy fiunished to tbis municipality ttuough its agent, the Jegional Inwme Tax Agency, cleazly showing the information required in Section 6:03.E. 3. Those employers no[ using Fomr W-2 famished epmmemially may obtain fomu upon request from the Administrator. 4. Where the fimilshing of this information as above indicated will create a distinct hardship, [he employer, upon written request m the Administa[or, may be permitted m famish a list of all employees subject to the tax, which shall show the employee's full name, last Imown address, social security number, gross amount of taxable compensation paid during the year and the amount of municipal income tax withheldfor this munidioaGty 5. Upon written request made to the Administator on or before the due date set forward in Section 6:03.E of the Regulations, in a fmmtat to be pescrbed by the AdminisSamr, the information included in Section 6:038 of these Regulations maybe submitted on computer magnetic tape or computer paper listing. 6:04 Dates of Payments of Estimated Tax A The esfvnated tax may be paid in full with the Declaration of Estimated Tax or m equal instaGments on or before the last day of the fourth, seventh and tenth months, of the taxable year and the last day of the first month of the year following the taxable year. B. When filing a DeclaraSon of Estimated Tax (Form 32) or a Declaration of Estimated Net Frosts (Poem 20), the return must be accompanied by at ]east one- fourth of the estimated tax due thereon. C. 1n the event an Amended Declaration of Esthated Tax has been Sled, the unpaid balance shown due thereon shall be paid in equal installments over the remaining payment dates.