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2023-143 Ordinance
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2023-143 Ordinance
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12/21/2023 10:07:18 AM
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12/21/2023 9:19:53 AM
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North Olmsted Legislation
Legislation Number
2023-143
Legislation Date
12/19/2023
Year
2023
Legislation Title
Restated Municipal Tax Code Chapter 15
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(D) A request for a refund that is received after the last day for filing specified in <br />division (C) of this section shall be considered to have been filed in a timely manner if any <br />of the following situations exist: <br />(1) The request is delivered by the postal service, and the earliest postal service <br />postmark on the cover in which the request is enclosed is not later than the last day for <br />filing the request. <br />(2) The request is delivered by the postal service, the only postmark on the cover in <br />which the request is enclosed was affixed by a private postal meter, the date of that <br />postmark is not later than the last day for filing the request, and the request is received <br />within seven days of such last day. <br />(3) The request is delivered by the postal service, no postmark date was affixed to the <br />cover in which the request is enclosed or the date of the postmark so affixed is not legible, <br />and the request is received within seven days of the last day for making the request. <br />(E) Interest shall be allowed and paid on any overpayment by a taxpayer of any <br />municipal income tax obligation from the date of the overpayment until the date of the <br />refund of the overpayment, except that if any overpayment is refunded within 90 days after <br />the final filing date of the annual return or 90 days after the completed return is filed, <br />whichever is later, no interest shall be allowed on the refund. For the purpose of computing <br />the payment of interest on amounts overpaid, no amount of tax for any taxable year shall <br />be considered to have been paid before the date on which the return on which the tax is <br />reported is due, without regard to any extension of time for filing that return. Interest shall <br />be paid at the interest rate described in Section 1501.18 (A)(4). <br />(Ord. 2015-104. Passed 12-15-15.) <br />1501.10 SECOND MUNICIPALITY IMPOSING TAX AFTER TIME PERIOD ALLOWED FOR <br />REFUND. <br />(A) Income tax that has been deposited with the City, but should have been deposited <br />with another municipality, is allowable by the City as a refund but is subject to the three- <br />year limitation on refunds. <br />(B) Income tax that was deposited with another municipality but should have been <br />deposited with the City is subject to recovery by the City. If the City's tax on that income is <br />imposed after the time period allowed for a refund of the tax or withholding paid to the <br />other municipality, the City shall allow a nonrefundable credit against the tax or <br />withholding City claims is due with respect to such income or wages, equal to the tax or <br />withholding paid to the first municipality with respect to such income or wages. <br />(C) If the City's tax rate is less than the tax rate in the other municipality, then the <br />nonrefundable credit shall be calculated using the City's tax rate. However, if the City's tax <br />rate is greater than the tax rate in the other municipality, the tax due in excess of the <br />nonrefundable credit is to be paid to the City, along with any penalty and interest that <br />accrued during the period of nonpayment. <br />
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