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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) Nothing in this section permits any credit carryforward. <br />(Ord. 2015-104. Passed 12-15-15.) <br />1501.11 AMENDED RETURNS <br />(A) (1) If a taxpayer's tax liability shown on the annual tax return for the City changes <br />as a result of an adjustment to the taxpayer's federal or state income tax return, the <br />taxpayer shall file an amended return with the City. The amended return shall be filed on a <br />form required by the Tax Administrator. <br />(2) If a taxpayer intends to file an amended consolidated municipal income tax return, <br />or to amend its type of return from a separate return to a consolidated return, based on the <br />taxpayer's consolidated federal income tax return, the taxpayer shall notify the Tax <br />Administrator before filing the amended return. <br />(B) (1) In the case of an underpayment, the amended return shall be accompanied by <br />payment of any combined additional tax due, together with any penalty and interest <br />thereon. If the combined tax shown to be due is ten dollars or less, no payment need be <br />made. The amended return shall reopen those facts, figures, computations, or attachments <br />from a previously filed return that are not affected, either directly or indirectly, by the <br />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, <br />computations, and attachments were reopened; or, <br />(ii) if the applicable statute of limitations for civil actions or prosecutions under <br />Section 1501.12 has not expired for a previously filed return. <br />(2) The additional tax to be paid shall not exceed the amount of tax that would be due <br />if all facts, figures, computations, and attachments were reopened; i.e., the payment shall be <br />the lesser of the two amounts. <br />(C) (1) In the case of an overpayment, a request for refund maybe filed under this <br />division within the period prescribed by division (D) of this section for filing the amended <br />return, even if it is filed beyond the period prescribed in that division if it otherwise <br />conforms to the requirements of that division. If the amount of the refund is less than ten <br />dollars, no refund need be paid by the City. A request filed under this division shall claim <br />refund of overpayments resulting from alterations only to those facts, figures, <br />computations, or attachments required in the taxpayer's annual return that are affected, <br />either directly or indirectly, by the adjustment to the taxpayers federal or state income tax <br />return, unless it is also filed within the time prescribed in Section 1501.09. <br />(2) The amount to be refunded shall not exceed the amount of refund that would be <br />due if all facts, figures, computations, and attachments were reopened. All facts, figures, <br />computations, and attachments may be reopened to determine the refund amount due by <br />inclusion of all facts, figures, computations, and attachments. <br />
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