City of Hubbard
THE CODIFIED ORDINANCES OF HUBBARD, OHIO

191.08 RETURN AND PAYMENT OF TAX; REGISTRATION.

(a) Except as herein provided, City Council hereby directs that each person who was a resident of the City of Hubbard any time during the taxable year shall, whether or not a tax is due thereon, make and file a return on or before April 15 of the year following the taxable year. When the return is made for a fiscal year or other period different from the calendar year, the return shall be filed within 105 days from the end of such fiscal year or period.

This method of filing termed "Universal Filing" shall be in effect until such time as Council provides otherwise, subject to the exception set forth in Section 191.08(f) herein.

(b) The return shall be filed with the Tax Administrator on a City form or forms furnished by or obtainable upon request from the Tax Administrator or other form containing all information as indicated on the City's normal return as specified in Section 718.05(a) thru (c) of the Ohio Revised Code.

(1) The aggregate amounts of income, salaries, wages, commissions, and other compensation and gross income and gross receipts from a business, association, profession, corporation or other activity, less allowable expenses incurred in the acquisition of such gross income and gross receipts earned or received during the preceding year and subject to said tax;

(2) The amount of the tax imposed by this chapter on such compensation and profits; and

(3) Such other pertinent statements, information returns, or other information as the Tax Administrator may require, including but not limited to copies of all W-2 forms, 1099 Miscellaneous Income forms, Page One and Two of Form 1120, 1120S (including K-1), 2106, 1065, Schedule C (including cost of goods manufactured and/or sold), Schedule E and any other Federal Schedules if applicable.

2004 Replacement

(c) The Tax Administrator may extend the time for filing of the annual return upon the request of the taxpayer for a period of not to exceed six months, or one month beyond any extension requested of or granted by the Internal Revenue Service for the filing of the Federal Income Tax Return, excepting that for taxable year 2004 the extended due date shall be the last day of the month following the month to which the due date of the federal income tax return has been extended. The taxpayer shall make the request by filing a copy of the taxpayer's Federal Extension form or by using a City Extension form. The request for extension shall be filed not later than the last day for filing the City's Income Tax Return as prescribed in Section 191.08(a). A tentative return, accompanied by payment of the amount of tax shown to be due, shall be filed by the date the return is normally due. The Tax Administrator may deny the extension if the taxpayer's income tax account with the City of Hubbard is delinquent in any way. No penalty shall be assessed in those cases in which the return is filed and the final tax paid within the period as extended, but interest at the rate as imposed under Section 191.13 will be assessed on the unpaid tax due.

(d) A taxpayer who has overpaid the amount of tax to which the City is entitled under the provisions of this chapter may have such overpayment applied against any subsequent liability hereunder or, at his election indicated on the return, such overpayment (or part thereof) shall be refunded, provided that no additional taxes or refunds of less than one dollar shall be collected or refunded.

(e) All individuals, businesses, employers, brokers or others doing business who engage persons, either on a commission basis, or as independent contractors, and are not subject to withholding shall indicate the total amount of earnings, payment, commission and bonuses to such as are residents of the City, or who do business in the City, supported by form 1099A attached, providing the same information as is required on Federal Form 1099 or Schedule C.

(f) Retirees having no taxable income for municipal income tax purposes shall be exempt from these filing requirements and any subsequent penalties upon the filing of a registration form with the Tax Administrator in the manner prescribed. Such registration shall be in effect until that time in which the retiree registrant received taxable income for municipal income tax purposes, at which time the retiree shall be required to comply with the provisions of this chapter, including the filing requirements.

(g) Where necessary an amended return must be filed in order to report additional income and pay any additional tax due, or claim a refund of tax overpaid, subject to the requirements and/or limitations contained in Sections 191.14 and 191.18. Such amended returns shall be on a form obtainable, upon request, from the Tax Administrator. A taxpayer may not change the method of accounting (i.e., cash or accrual) or appointment of net profits after the due date for filing the original return. Within three months from the final determination of any federal tax liability affecting the taxpayer's City tax liability, such taxpayer shall make and file an amended City return showing gross income or gross receipts subject to the City tax based upon such final determination of federal tax liability, and pay any additional tax shown due thereon or make claim for refund of any overpayment.

(h) No refund shall be allowed unless a written request is presented to the Tax Administrator within three years of the date the taxes were due. (For refund of amounts taxed under a nonqualified deferred compensation plan, see Section 191.14(c)).

(i) When the taxpayer's tax return indicates that a refund is due and a refund is not issued within 90 days after the Tax Administrator has received proper verification and substantiation of the validity of the refund claim, interest at the rate of 6% per annum shall be paid on the amount to be refunded after the date shown validating the refund.

(j) Information returns, schedules and statements required to support tax returns which are not complete shall be filed within the limits set forth for the filing of the tax returns and the failure to file such information returns, schedules and statements shall be deemed to be a violation. However, the taxpayer shall have ten days after notification by the Tax Administrator to file the items required by this section.

(k) Any business, profession, association or corporation reporting a net loss is subject to the filing requirements of this chapter. (Ord. 25-03. Passed 10-20-03.)