§ 311-69. Amended Returns; Effect of Federal or State Tax Determination.  


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  • (a)

    (i)

    A taxpayer shall file an amended return with the tax commissioner in such form as the tax commissioner requires if any of the facts, figures, computations, or attachments required in the taxpayer's annual return to determine the tax due levied by the Municipality in accordance with this chapter must be altered.

    (ii)

    (1)

    For tax years beginning prior to January 1, 2016, within three (3) months after the final determination of any federal tax liability affecting the taxpayer's municipal income tax liability, such taxpayer shall make and file an amended municipal income tax return showing taxable income subject to the municipal income tax based upon such final determination of federal tax liability, and such taxpayer shall pay any additional municipal income tax shown due thereon or make a claim for refund of any overpayment.

    (2)

    For tax years beginning on or after January 1, 2016, within sixty (60) days after the final determination of any federal or state tax liability affecting the taxpayer's municipal income tax liability, such taxpayer shall make and file an amended municipal income tax return showing taxable income subject to the municipal income tax based upon such final determination of federal or state tax liability, and such taxpayer shall pay any additional municipal income tax shown due thereon or make a claim for refund of any overpayment, unless the tax or overpayment is ten dollars ($10) or less.

    (iii)

    If a taxpayer intends to file an amended consolidated municipal income tax return, or to amend its type of return from a separate return to a consolidated return, based on the taxpayer's consolidated federal income tax return, the taxpayer shall notify the tax commissioner before filing the amended return.

    (b)

    (i)

    In the case of an underpayment, the amended return shall be accompanied by payment of any combined additional tax due together with any penalty and interest thereon. If, for tax years beginning before January 1, 2016 the combined tax shown to be due is five dollars ($5) or less, or for tax years beginning on or after January 1, 2016 the combined tax shown to be due is ten dollars ($10) or less, such amount need not accompany the amended return. Except as provided under subsection (b)(ii) of this section, the amended return shall not reopen those facts, figures, computations, or attachments from a previously filed return that are not affected, either directly or indirectly, by the adjustment to the taxpayer's federal or state income tax return unless the applicable statute of limitations for civil actions or prosecutions under Section 311-99 or subsection (h) of Section 311-999, respectively, has not expired for a previously filed return.

    (ii)

    The additional tax to be paid shall not exceed the amount of tax that would be due if all facts, figures, computations, and attachments were reopened.

    (c)

    (i)

    In the case of an overpayment resulting from adjustments to the taxpayer's federal or state income tax return, a request for refund may be filed under this division within the period prescribed by Section 311-69 of this chapter for filing the amended return even if it is filed beyond the period prescribed in subsection (e) of section 311-99 if it otherwise conforms to the requirements of that subsection. If, for tax years beginning before January 1, 2016, the amount of the refund is five dollars ($5) or less, or for tax years beginning on or after January 1, 2016 the amount of the refund is ten dollars ($10) or less, no refund need be paid by the Municipality to the taxpayer. Except as set forth in subsection (c)(ii) of this section, a request filed under this subsection shall claim refund of overpayments resulting from alterations to only those facts, figures, computations, or attachments required in the taxpayer's annual return that are affected, either directly or indirectly, by the adjustment to the taxpayer's federal or state income tax return unless it is also filed within the time prescribed in Section 311-71 of this chapter. Except as set forth in subsection (c)(ii) of this section, the request shall not reopen those facts, figures, computations, or attachments that are not affected, either directly or indirectly, by the adjustment to the taxpayer's federal or state income tax return.

    (ii)

    The amount to be refunded shall not exceed the amount of refund that would be due if all facts, figures, computations, and attachments were reopened.

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