(A) Tax rate. An annual tax for the purposes specified in § 93.01 shall be imposed on and after January l, 1989, at the rate of 2% per annum upon the following:
(1) Full-year resident. On all taxable income wherever earned or received during the taxable year.
(2) Non-resident. On all taxable income earned or received during the taxable year for work done or services performed or rendered in the village.
(3) Part-year resident. On all taxable income wherever earned or received during the part of the taxable year that such person resides in the village.
(4) Resident unincorporated business entity. On the net profits earned during the taxable year.
(5) Non-resident unincorporated business entity. On the portion attributable to the village of the net profits earned during the effective period of this chapter of all non-resident unincorporated business, professions or other entities, derived from sales made, work done, or services performed or rendered and business or other activities conducted in Amberley Village, Ohio, whether or not such corporations have an office or place of business in Amberley Village.
(6) Corporation.
(a) On the net profits attributable to an office or place of business in Amberley Village earned during the taxable year.
(b) On the net profits of a corporation with no office or place of business in the village which are attributable to sales made, work done, or services performed or rendered in the village during the taxable year.
(B) Allocation formula. The portion of the net profits attributable to Amberley Village, Ohio, of a taxpayer conducting a business, profession or other activity both within and without the boundaries of the village, shall be determined as provided in R.C. § 718.02 and in accordance with the rules and regulations adopted by the administrator pursuant to this chapter.
(C) Operating loss carry-forward.
(1) The portion of a net operating loss sustained in any taxable year subsequent to January l, 1971, allocable to the village, may be applied against the portion of the profit of succeeding year(s) allocated to the village until exhausted, but in no event for more than five taxable years. No portion of a net operating loss shall be carried back against net profits for any prior year.
(2) The portion of a net operating loss sustained shall be allocated to the village, in the same manner as provided herein for allocating net profits to the village.
(3) The administrator shall provide by rules and regulations the manner in which net operating loss carry-forward shall be determined.
(D) Consolidated returns.
(1) Filing of consolidated returns may be permitted or required in accordance with rules and regulations prescribed by the administrator.
(2) In the case of a corporation that carried on transactions with its stockholders or with other corporations related by stock ownership, interlocking directorates, or some other method, or in case any person operates a division, branch, factory, office, laboratory or activity within the village, constituting a portion only of its total business, the administrator shall require such additional information as he may deem necessary to ascertain whether net profits are properly allocated to the village. If the Administrator finds net profits are not properly allocated to the village, by reason of transactions with stockholders or with other corporations related by stock ownership, interlocking directorates, or transactions with such division, branch, factory, office, laboratory or activity or by some other method, he shall make allocation as he deems appropriate to produce a fair and proper allocation of net profits to the village.
(E) Exception. The tax provided for herein shall not be levied upon the military pay or allowance of members of the armed forces of the United States, or upon the net profits of any civic, charitable, religious, fraternal or other organization specified in R.C. § 718.01 to the extent that such net profits are exempted from municipal income taxes under that section.
('69 Code, § 97.03) (Ord. C-320, passed 10-12-70; Am. Ord. C-625, passed 11-9-87; Am. Ord. C-641, passed 7-11-88; Am. Ord. 1999-13, passed 5-10-99)