880.06 COLLECTION AT SOURCE.
(a) In accordance with Ohio Revised Code Section 718.03 and the rules and regulations prescribed by the Administrator, each employer within or doing business within the Municipality shall deduct, at the time of the payment of salaries, wages, commissions or other compensation, the tax of one and one half percent (1-1/2%) of the gross salaries, wages, commissions or other compensation due by the employer, or the tips or gratuities reported to the employer by each employee for Social Security or Federal income tax purposes, and shall, on or before the last day of the month following the close of each preceding month, make a return and pay to the Administrator the amount of taxes so deducted. The returns shall be on a form or forms prescribed by or acceptable to the Administrator and shall be subject to the rules and regulations prescribed therefor by the Administrator. The Administrator may adopt rules and regulations allowing such tax return forms to be filed by electronic means. Effective January 1, 2005, every employer required to withhold the tax on compensation paid shall make payments of withheld tax electronically using one of the electronic funds transfer (EFT) methods prescribed by the Administrator, unless exemption from this requirement is given by the Administrator for cases in which such requirement would constitute a substantial hardship on the employer. Returns may be filed by an employer on a quarterly basis when the amount of a monthly return would normally be less than one hundred dollars (\$100.00). Such employer shall be liable for the payment of the tax required to be deducted and withheld, whether or not such taxes have in fact been withheld.
(Ord. 05-3. Passed 1-6-05.)
(b) Such employer, in collecting the tax, shall be deemed to hold the same, until payment is made by such employer to the Municipality, as a trustee for the benefit of the Municipality, and any such tax collected by such employer from his or her employees shall, until the same is paid to the Municipality, be deemed a trust fund in the hands of such employer.
(Ord. 731. Passed 6-1-78.)
(c) On or before February 28th of each year, each employer shall file a withholding return setting forth the names and addresses of all employees from whose compensation the tax was withheld during the preceding calendar year, the amount of tax withheld from his or her employees and such other information as may be required by the Administrator. All payments not subject to withholding shall be reported on a form required by the Administrator. (Ord. 05-3. Passed 1-6-05.)
(d) The Administrator, for good cause, may require immediate returns and payments to be submitted to his or her office. (Ord. 731. Passed 6-1-78.)