187.02 DEFINITIONS.
For the purposes of this chapter, the terms, phrases, words and their derivatives shall have the meanings given in this section. The singular shall include the plural and the masculine shall include the feminine and the neuter.
(a) "Administrator" means the Director of Finance, who shall administer and enforce the provisions of this chapter.
(b) "Association" means any partnership, limited partnership or any other form of unincorporated enterprise, owned by two or more persons.
(d) "Business" means any enterprise, activity, profession or undertaking of any nature conducted for profit or ordinarily conducted for profit, whether by an individual, partnership, association, corporation or any other entity, excluding, however, all nonprofit corporations which are exempt from the payment of Federal income tax.
(e) "Corporation" means a corporation or joint stock association organized under the laws of the United States, the State of Ohio or any other state, territory or foreign country or dependency.
(f) "Employee" means one who works for wages, salary, commission or other type of compensation in the service of an employer.
(g) "Employer" means an individual, partnership, association, corporation, government body, unit or agency, or any other entity, whether or not organized for profit, who or that employs one or more persons on a salary, wage, commission or other basis of compensation.
(h) "Fiscal year" means an accounting period of twelve months or less ending on any day other than December 31.
(i) "Gross receipts" means the total income from any source whatever.
(j) "Net profits" for taxable years prior to 2004 means a net gain from the operation of a business, profession, enterprise or other activity after provision for all ordinary and necessary expenses either paid or accrued in accordance with the accounting system used by the taxpayer for Federal income tax purposes without deduction of taxes imposed by this chapter, Federal, State and other taxes based on income and, in the case of an association, without deduction of salaries paid to partners and other owners. (For taxable years 2004 and later, see “Adjusted federal taxable income”)
(k) "Nonresident" means an individual domiciled outside the City.
(l) "Nonresident unincorporated business entity" means an unincorporated business entity not having an office or place of business within the City.
(m) "Person" means every natural person, partnership, fiduciary, association or 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 corporations, the officers thereof.
(n) "Place of business" means any bona fide office, other than a mere statutory office, factory, warehouse or other space which is occupied and used by the taxpayer in carrying on any business activity individually or through one or more of his regular employees regularly in attendance.
(o) "Resident" means an individual domiciled in the City.
(p) "Resident unincorporated business entity" means an unincorporated business entity having an office or place of business within the City.
(q) “Royalty interest in the production of an oil and/or gas well” means a fee holder's interest in the production from an oil and/or gas well, usually one-eighth of the gross production, together with associated incidental compensation received by the fee holder, usually set forth in a lease, such as compensation for the use of land for ingress and egress, compensation for erection of storage tanks and compensation for incidental damages to the fee holder's property.
(r) "Taxable income" means wages, salary and other compensation paid by an employer or employers before any deduction and/or the net profits from the operation of a business, profession or other enterprise or activity adjusted in accordance with the provisions of this chapter.
(s) "Taxable year" means the calendar year, or fiscal year, upon the basis of which the net profits are to be computed 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.
(t) "Taxpayer" means a person, whether an individual, partnership, association, corporation or other entity, required hereunder to file a return or pay a tax.
(u) “Adjusted federal taxable income” - A “C” corporation’s federal taxable income before net operating losses and special deductions as determined under the Internal Revenue Code, but including subsequent adjustments from required additions and deductions. Pass-through entities must compute “Adjusted Federal Taxable Income” as if the pass-through entity was a “C” corporation. This definition does not apply to any taxpayer required to file a return under Ohio Revised Code (ORC) section 5745.03 or to the net profit from a sole proprietorship. This definition is effective for tax years beginning on or after January 1, 2004.
(v) “Qualifying wage” - These are wages as defined in Section 3121(a) of the Internal Revenue Code, without regard to any wage limitations, but including subsequent adjustments from required additions and deductions. “Qualifying wage” represents employees’ income, including non-qualified deferred compensation and stock options, from which municipal tax shall be deducted by the employer, and any wages not considered a part of “qualifying wage” shall not be taxed by the City. This definition is effective January 1, 2004, for taxable years 2004 and later.
(w) “Generic Form” - An electronic or paper form designed for reporting estimated municipal income taxes, and/or annual municipal income tax liability, and/or requests for refunds, which contain all the information required on City regular tax return, estimated payment forms, and request for refund forms, and are in a similar format that will allow processing of the generic forms without altering the City procedures for processing forms.
(Ord. 2005-049. Passed 3-28-05.)
(x) "Pension" For the purposes of this chapter, a pension is any amount paid to an employee or former employee that is reported to the recipient on an IRS form 1099-R, or successor form. Pension does not include deferred compensation, or amounts attributable to nonqualified deferred compensation plans, reported as FICA/Medicare wages on an IRS Form W-2, Wage and Tax Statement, or successor form. (Ord. 2014-139. Passed 11-17-14.)