§ 99.02. Definitions.
For purposes of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
"Association." A partnership, limited partnership, limited liability company, S corporation or any form of unincorporated enterprise, owned by two or more persons.
"Board of Review." The Board created and constituted as provided in § 99.16.
"Business." An enterprise, activity, profession, public utility, public service, or undertaking of any nature conducted for profit or ordinarily conducted for profit, whether by an individual, partnership, association, C corporation, or other entity.
"Commissioner." The Tax Commissioner.
"C corporation." A C corporation or joint stock association organized under the laws of the United States, the State of Ohio or any other state, territory, foreign country or dependency, but not including S corporations.
"Declaration of estimated tax." The estimated tax liability reported on a declaration as set forth in § 99.10. The declaration of estimated tax shall at a minimum be the lesser of ninety percent of the estimated current year annual tax or one hundred percent of the prior year tax.
"Domicile." The permanent legal residence of a taxpayer. A taxpayer may have more than one residence but not more than one domicile.
"Employee." One who receives salaries, wages, commissions, or other types of compensation from an employer.
"Employer." An individual, association, C corporation, governmental body, unit, or agency, or any other entity, whether or not organized for profit, that provides one or more persons a salary, wage, commission, or other compensation as set forth in § 99.03.
"Fiscal year." An accounting period of twelve months or less ending on any day other than December 31.
"Gross income." Shall include all monies derived from any source whatsoever, including, but not limited to:
A.
All salaries, wages, commissions, other compensation and other income from whatever source received by residents of the city, including distributive shares of an unincorporated business entity or association against which the City municipal income tax is not already levied;
B.
All salaries, wages, commissions, other compensation, and other income from whatsoever source received by nonresidents for work done or services performed or rendered or activities conducted in the city;
C.
The portion attributable to the City of the net profits of all unincorporated businesses, associations, professions, C corporations or other entities, from sales made, work done, services performed or rendered, and business or other activities conducted in the city. Such portion shall be determined as provided in § 99.04 and in accordance with the regulations adopted by the Board of Review pursuant to this chapter.
"Gross receipts." Shall mean the total revenue derived from sales, work done, or service rendered, before any deductions, exceptions, or credits are claimed.
"Intangible income." Income of any of the following types: income yield, interest, capital gains, dividends or any other income arising from the ownership, sale, exchange or other disposition of intangible property including, but not limited to, investments, deposits, money or credits as defined in Ohio Revised Code 718.01, and patents, copyrights, trademarks, tradenames, investments in real estate investment trusts, investments in regulated investment companies and appreciation on deferred compensation. "Intangible income" does not include prizes, awards or other income associated with any lottery winnings or other similar games or chance.
"Joint economic development district." Districts created under Ohio Revised Code §§ 715.70 and 715.71, as amended from time to time.
"Net profits." The net gain from the operation of a business, profession, or enterprise after provision for all ordinary and necessary expenses except the tax imposed by this chapter and federal and other taxes based on income, either paid or accrued in accordance with the accounting system used by the taxpayer for federal income tax purposes, adjusted to the requirements of this chapter, the rules and regulations promulgated by the Tax Commissioner, and Ohio Revised Code 718.01(A). Net profits shall include any amount or value received, realized, or recognized in a sale or other disposition of tangible personal property or real property used in business, in excess of book value to the extent of depreciation taken.
"Nonresident." A person domiciled outside the city.
"Person." Every natural person, partnership, fiduciary, association, or C corporation. Whenever used in any clause prescribing and imposing a penalty, the term "person," as applied to any unincorporated entity, means the partners or members thereof, and as applied to C corporations, the officers thereof.
"Place of business." Any bona fide office (other than a mere statutory office), factory, warehouse, or other space which is regularly occupied and used by the taxpayer in carrying on any business activity, whether in person or through one or more employees regularly in attendance.
"Qualifying wages." As defined in Ohio Revised Code 718.03, the wage amount upon which an employer is required to withhold, and an employee is required to pay, a municipal income tax.
"Real estate investment trust (REIT)." A C corporation (other than a bank or insurance company), trust or association that specializes in investments in real estate and real estate mortgages, meets certain status requirements as defined in the Internal Revenue Code as to ownership and purpose, and satisfies gross income and diversification requirements.
"Resident." A person domiciled in the city.
"Rules and regulations." Rules relating to the collection of taxes and the administration and enforcement of the provisions of this chapter which are adopted by the Tax Commissioner and approved by the Board of Review pursuant to § 99.11 of this code.
"S Corporation." An association that has made an election under Subchapter S of Chapter 1 of Subtitle A of the Internal Revenue Code for its taxable year.
"Taxable income." Gross income minus the deductions and credits allowed by this chapter and Chapter 718 of the Ohio Revised Code.
"Taxable year." The calendar year, or the fiscal year on the basis of which the taxable income is to be computed under this chapter, and in the case of a return for a fractional part of a year, the period for which such return is required to be made.
"Tax Commissioner." The Commissioner of the Income Tax Division in the Department of Finance of the city, or the person executing the duties of such Commissioner.
"Taxpayer." A person, whether an individual, partnership, association, C corporation or other entity, required by this chapter to pay a tax.
(Ord. 418-2004: Ord. 808-1994; Ord. 999-1990; Ord. 634-1988; Ord. 1298-1962)