(A) “Municipal taxable income” for a resident of the municipality is calculated as follows:
(1) “Income” reduced by “exempt income” to the extent such exempt income is otherwise included in income, reduced by allowable employee business expense deduction as found in § 36.03(C)(20)(b) of this chapter, further reduced by any “pre-2017 net operating loss carryforward” equals “municipal taxable income”.
(a) “Income” is defined in § 36.03(C)(14) of this chapter.
1. “Qualifying wages” is defined in § 36.03(C)(34).
2. “Net profit” is included in “income”, and is defined in § 36.03(C)(23) of this chapter. This section also provides that the net operating loss carryforward shall be calculated and deducted in the same manner as provided in § 36.03(C)(1)(h). Treatment of net profits received by an individual taxpayer from rental real estate is provided in § 36.062(E).
3. Section 36.03(C)(14) provides the following: offsetting and net operating loss carryforward treatment in (C)(14)(a)2.a.; resident’s distributive share of net profit from pass through entity treatment in (C)(14)(a)2.b.; treatment of S Corporation distributive share of net profit in the hands of the shareholder in (C)(14)(a)3.; restriction of amount of loss permitted to be carried forward for use by taxpayer in a subsequent taxable year in (C)(14)(a)4.
4. “Pass through entity” is defined in § 36.03(C)(27).
(b) “Exempt income” is defined in § 36.03(C)(11) of this chapter.
(c) Allowable employee business expense deduction is described in § 36.03(C)(20)(b) of this chapter, and is subject to the limitations provided in that section.
(d) “Pre-2017 net operating loss carryforward” is defined in § 36.03(C)(32) of this chapter.
(B) “Municipal taxable income” for a nonresident of the municipality is calculated as follows:
(1) “Income” reduced by “exempt income” to the extent such exempt income is otherwise included in income, as applicable, apportioned or sitused to the municipality as provided in § 36.062 of this chapter, reduced by allowable employee business expense deduction as found in § 36.03(C)(20)(b) of this chapter, further reduced by any “pre-2017 net operating loss carryforward” equals “municipal taxable income”.
(a) “Income” is defined in § 36.03(C)(14) of this chapter.
1. “Qualifying wages” is defined in § 36.03(C)(34).
2. “Net profit” is included in “income”, and is defined in § 36.03(C)(23) of this chapter. This section also provides that the net operating loss carryforward shall be calculated and deducted in the same manner as provided in § 36.03(C)(1)(h). “Net profit” for a nonresident individual includes any net profit of the nonresident, but excludes the distributive share of net profit or loss of only pass through entity owned directly or indirectly by the nonresident.
3. “Pass through entity” is defined in § 36.03(C)(27).
(b) “Exempt income” is defined in § 36.03(C)(11) of this chapter.
(c) “Apportioned or sitused to the municipality as provided in § 36.062 of this chapter” includes the apportionment of net profit income attributable to work done or services performed in the municipality. Treatment of net profits received by an individual taxpayer from rental real estate is provided in § 36.062(E).
(d) “Allowable employee business expense deduction” as described in § 36.03(C)(20)(b) of this chapter, is subject to the limitations provided in that section. For a nonresident of the municipality, the deduction is limited to the extent the expenses are related to the performance of personal services by the nonresident in the municipality.
(e) “Pre-2017 net operating loss carryforward” is defined in § 36.03(C)(32) of this chapter.
(Ord. 1690-15, passed 12-22-2015)