§ 311-33. Declarations of Estimated Tax Required; Time for Filing.

(a)

As used in this section:

(i)

"Estimated taxes" means the amount that the taxpayer reasonably estimates to be the taxpayer's tax liability for a municipal corporation's income tax for the current taxable year.

(ii)

"Tax liability" means the total taxes due to a municipal corporation for the taxable year, after allowing any credit to which the taxpayer is entitled, and after applying any estimated tax payment, withholding payment, or credit from another taxable year.

(b)

(i)

Every person who anticipates any taxable income which is not subject to Section 311-23 hereof, or who engages in any business or activity, shall file a declaration of estimated income or the estimated profit or loss from such business activity on a form prescribed by the tax commissioner or a generic form, together with the estimated municipal income tax due thereon, if any. For tax years beginning on or after January 1, 2016, a declaration shall only be required for the current taxable year if the amount payable as estimated taxes is at least $200.

(ii)

Notwithstanding subsection (b)(i) above, if a person's income is wholly from qualifying wages from which the tax will be withheld and remitted to the Municipality in accordance with Section 311-23 and/or the distributive share of net profit from which the tax will be withheld and remitted to the Municipality in accordance with Section 311-29, such person need not file a declaration.

(iii)

For tax years beginning on or after January 1, 2016:

(1)

Taxes withheld from qualifying wages shall be considered as paid to the Municipality in equal amounts on each payment date or, if the taxpayer establishes the dates on which all amounts were actually withheld, on the dates on which the amounts were actually withheld.

(2)

An overpayment of tax applied as a credit to a subsequent taxable year is deemed to be paid on the date of the postmark stamped on the cover in which the payment is mailed or, if the payment is made by electronic funds transfer, the date the payment is submitted. As used in this division, "date of the postmark" means, in the event there is more than one date on the cover, the earliest date imprinted on the cover by the postal service.

(3)

A taxpayer having a taxable year of less than twelve (12) months shall make a declaration under rules prescribed by the tax commissioner.

(4)

Taxes withheld by a casino operator or by a lottery sales agent under section 718.031 of the Ohio Revised Code are deemed to be paid to the municipal corporation for which the taxes were withheld on the date the taxes are withheld from the taxpayer's winnings.

(iv)

Taxpayers filing joint returns shall file joint declarations of estimated taxes.

(v)

The declaration of estimated taxes shall be filed as follows:

(1)

For tax years ending before January 1, 2106, on or before April 15 of each year or on or before the fifteenth (15 ^th ) day of the fourth (4 ^th ) month following the date the taxpayer first becomes subject to municipal income tax;

(2)

For tax years beginning on or after January 1, 2016, on or before the date prescribed for the filing of municipal income tax returns under subsection (a) of Section 311-51 of this chapter or on or before the fifteenth (15 ^th ) day of the fourth (4 ^th ) month of the first (1 ^st ) taxable year after the taxpayer becomes subject to tax for the first time;

(3)

Taxpayers reporting on a fiscal year basis shall file a declaration on or before the fifteenth (15 ^th ) day of the fourth (4 ^th ) month after the beginning of each fiscal year or period.

(Ordained by Emer. Ord. No. 363-2015, § 2, eff. Jan. 1, 2016)