2015 023 Ordinance - Laserfiche WebLink

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(ii) if the applicable statute of limitations for civil actions or prosecutions under Section 12 has not expired for a previously filed return. (2) The additional tax to be paid shall not exceed the amount of tax that would be due if all facts, figures, computations, and attachments were reopened; i.e., the payment shall be the lesser of the two amounts. (C)(1) In the case of an overpayment, a request for refund may be filed under this division within the period prescribed by division (E) of Section 12 for filing the amended return even if it is filed beyond the period prescribed in that division if it otherwise conforms to the requirements of that division. If the amount of the refund is less than ten dollars, no refund need be paid by the Village. A request filed under this division shall claim refund of overpayments resulting from alterations only to those facts, figures, computations, or attachtents required in the taxpayer's annual return that are affected, either directly or indirectly, by the adjusrinent to the taxpayer's federal or state income tax return, unless it is also filed within the time prescribed in Section 9. (2) The amount to be refunded shall not exceed the amount of refund that would be due if all facts, figures, cotputations, and attachments were reopened. All facts, figures, computations, and attachments may be reopened to determine the refund amount due by inclusion of all facts, figures, computations, and attachments. (D) Within 60 days after the final determination of any federal or state tax liability affecting the taxpayer's Village tax liability, that taxpayer shall make and file an amended Village return showing income subject to the Village income tax based upon such final determination of federal or state tax liability. The taxpayer shall pay any additional Village income tax shown due thereon or make a claim for refund of any overpayment, unless the tax or overpayment is less than ten dollars. SECTION 12 LIMITATIONS. (A)(1)(a) Civil actions to recover municipal income taxes and penalties and interest on municipal income taxes shall be brought within the later of: (i) Three years after the tax was due or the return was filed, whichever is later; or (ii) One year after the conclusion of the qualifying deferral period, if any. (b) The time limit described in division (A)(1)(a) of this section maybe extended at any time if both the Tax Administrator and the employer, agent of the employer, other payer, or taxpayer consent in writing to the extension. Any extension shall also extend for the same period of time the time limit described in division (C) of this section. (2) As used in this section, "qualifying deferral period" means a period of time beginning and ending as follows: (a) Beginning on the date a person who is aggrieved by an assessment files with the Board of Tax Review the request described in Section 21. That date shall not be affected by any subsequent decision, 35