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2015 023 Ordinance
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2015 023 Ordinance
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Last modified
11/19/2018 4:11:15 PM
Creation date
9/11/2018 5:07:22 AM
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Legislation-Meeting Minutes
Document Type
Ordinance
Number
023
Date
10/19/2015
Year
2015
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(E) Interest shall be allowed and paid on any overpayment by a taxpayer of any municipal income tax <br />obligation from the date of the overpayment until the date of the refund of the overpayment, except that if <br />any overpayment is refunded within 90 days after the final filing date of the annual return or 90 days after <br />the completed return is filed, whichever is later, no interest shall be allowed on the refund. For the <br />purpose of computing the payment of interest on amounts overpaid, no~ amount of tax for any taxable year <br />shall be considered to have been paid before the date on which the return on which the tax is reported is <br />due, without regard to any extension of time for filing that return. Interest shall be paid at the interest rate <br />described in Section 18 (A)(4). <br />SECTION 10 SECOND MUNICIPALITY IMPOSING TAX AFTER TIME PERIOD <br />ALLOWED FOR REFUND. <br />(A) Income tax that has been deposited with the Village, but should have been deposited with another <br />municipality, is allowable by the Village as a refund but is subject to the three-year limitation on refunds. <br />(B) Income tax that was deposited with another municipality but should have been deposited with the <br />Village is subject to recovery by the Village. If the Village's tax on that income is imposed after the time <br />period allowed for a refund of the tax or withholding paid to the other municipality, the Village shall <br />allow a nonrefundable credit against the tax or withholding the Village claims is due with respect to such <br />income or wages, equal to the tax or withholding paid to the first municipality with respect to such <br />income or wages. <br />(C) If the Village's tax rate is less than the tax rate in the other municipality, then the nonrefundable credit <br />shall be calculated using the Village's tax rate. However, if the Village's tax rate is greater than the tax <br />rate in the other municipality, the tax due in excess of the nonrefundable credit is to be paid to the Village, <br />along with any penalty and interest that accrued during the period of nonpayment. <br />(D) Nothing in this section permits any credit carryforward. <br />SECTION 11 AMENDED RETURNS. <br />(A)(1) If a taxpayer's tax liability shown on the annual tax return for the Village changes as a result of an <br />adjustment to the taxpayer's federal or state income tax return, the taxpayer shall file an amended return <br />with the Village. The amended return shall be filed on a form required by the Tax Administrator. <br />(2) If a taxpayer intends to file an amended consolidated municipal income tax return, or to amend its <br />type of return from a separate return to a consolidated return, based on the taxpayer's consolidated federal <br />income tax return, the taxpayer shall notify the Tax Administrator before filing the amended return. <br />(B)(1) In the case of an underpayment, the amended return shall be accompanied by payment of any <br />combined additional tax due, together with any penalty and interest thereon. If the combined tax shown to <br />be due is ten dollars or less, no payment need be made. The amended return shall reopen those facts, <br />figures, computations, or attachments from a previously filed return that are not affected, either directly or <br />indirectly, by the adjustment to the taxpayer's federal or state income tax return only: <br />(i) to determine the amount of tax that would be due if all facts, figures, computations, and <br />attachments were reopened; or, <br />34 <br />
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