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(D) Within 60 days after the final determination of any federal or state tax liability <br />affecting the taxpayer's City's tax liability, that taxpayer shall make and file an amended <br />City return showing income subject to City income tax based upon such final determination <br />of federal or state tax liability. The taxpayer shall pay any additional City income tax shown <br />due thereon or make a claim for refund of any overpayment, unless the tax or overpayment <br />is less than ten dollars. <br />(Ord. 2015-104. Passed 12-15-15.) <br />1501.12 LIMITATIONS. <br />(A) (1) (a) Civil actions to recover municipal income taxes and penalties and interest <br />on municipal income taxes shall be brought within the later of <br />(i) Three years after the tax was due or the return was filed, whichever is later; or <br />(ii) One year after the conclusion of the qualifying deferral period, if any. <br />(b) The time limit described in division (A)(1)(a) of this section maybe extended at <br />any time if both the Tax Administrator and the employer, agent of the employer, other <br />payer, or taxpayer consent in writing to the extension. Any extension shall also extend for <br />the same period of time the time limit described in division (C) of this section. <br />(2) As used in this section, "qualifying deferral period" means a period of time <br />beginning and ending as follows: <br />(a) Beginning on the date a person who is aggrieved by an assessment files with the <br />Board of Tax Review the request described in Section 1501.21. That date shall not be <br />affected by any subsequent decision, finding, or holding by any administrative body or <br />court that the Board of Tax Review did not have jurisdiction to affirm, reverse, or modify <br />the assessment or any part of that assessment. <br />(b) Ending the later of the sixtieth day after the date on which the final determination <br />of the Board of Tax Review becomes final or, if any party appeals from the determination of <br />the Board of Tax Review, the sixtieth day after the date on which the final determination of <br />the Board of Tax Review is either ultimately affirmed in whole or in part or ultimately <br />reversed and no further appeal of either that affirmation, in whole or in part, or that <br />reversal is available or taken. <br />(B) Prosecutions for an offense made punishable under a resolution or ordinance <br />imposing an income tax shall be commenced within three years after the commission of the <br />offense, provided that in the case of fraud, failure to file a return, or the omission of twenty- <br />five percent (25%) or more of income required to be reported, prosecutions may be <br />commenced within six years after the commission of the offense. <br />(C) A claim for a refund of municipal income taxes shall be brought within the time <br />limitation provided in Section 1501.09. <br />