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(a) The portion of a net operating loss sustained in any taxable year subsequent to April 1, 1968, allocable to the City, may be applied against the portion of the profit of succeeding years allocable to the City 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 of any prior year.
(b) The portion of a net operating loss sustained shall be allocated to the City in the same manner as provided in this chapter for allocating net profits to the City.
(c) The Administrator shall provide, by rules and regulations, the manner in which such net operating loss carry-forward shall be determined.
(Ord. 371-68. Passed 2-28-68.)
(a) Filing of consolidated returns may be permitted or required in accordance with the rules and regulations prescribed by the Administrator.
(b) In the case of a corporation that carries on transactions with its stockholders or with other corporations related by stock ownership, interlocking directorates or some other method, or in the case of a person who operates a division, branch, factory, office laboratory or activity in the City constituting only a portion of its total business, the Administrator shall require such additional information as he or she may deem necessary to ascertain whether or not net profits are properly allocated to the City. If the Administrator finds that net profits are not properly allocated to the City 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 or she shall make such allocation of net profits to the City.
(Ord. 371-68. Passed 2-28-68.)
The tax provided for in this chapter shall not be levied upon the following:
(a) Pay or allowances of active members of the Armed Forces of the United States, or the income of religious, fraternal, charitable, scientific, literary or educational institutions to the extent that such income is derived from tax exempt real estate, tax exempt tangible or intangible property or tax exempt activities;
(b) Poor relief, unemployment insurance benefits, old age pensions or similar payments, including disability benefits received from local, State or Federal Governments or charitable, religious or educational organizations;
(c) Proceeds of insurance paid by reason of the death of the insured, and pensions, disability benefits, annuities or gratuities not in the nature of compensation for services rendered, from whatever source derived;
(d) Receipts from seasonal or casual entertainment, amusements, sports events and health and welfare activities when any such are conducted by bona fide charitable, religious or educational organizations and associations;
(e) Gains from involuntary conversion, cancellation of indebtedness, interest on Federal obligations, items of income already taxed by the State which the City is specifically prohibited from taxing and income of a decedent's estate during the period of administration (except such income from the operation of a business);
(f) Salaries, wages, commissions and other compensation and net profits, the taxation of which is prohibited by the United States Constitution or any Act of Congress limiting the power of the states or their political subdivisions to impose net income taxes on income derived from interstate commerce; and
(g) Salaries, wages, commissions and other compensation and net profits, the taxation of which is prohibited by the Constitution of the State of Ohio or any Act of the Ohio General Assembly limiting the power of the City to impose net income taxes.
(Ord. 371-68. Passed 2-28-68.)
The tax imposed by this chapter shall be levied, collected and paid with respect to the salaries, wages, commissions and other compensation, and with respect to the net profits, of persons, businesses, professions or other activities earned from April 1, 1968, to and including the date of revocation of this chapter. As for lottery winnings and income derived from gaming, wagering, lotteries or schemes of chance but only when such amounts are equal to or exceed four million dollars ($4,000,000), the effective date of this amendment shall be July 12, 2004.
(Ord. 371-68. Passed 2-28-68; Ord. 57-04, passed 7-12-04.)
(a) Any person who has no income need not file an annual return. Any person who has exempt income must file a return and declare to the Tax Administrator the nature of his or her exemption. Any person who has taxable income must file a tax return with the Tax Administrator.
(b) Each taxpayer, except as otherwise provided in this chapter, shall, whether or not a tax is due thereon, make and file a return on or before April 30 of the year following the effective date of this chapter (Ordinance 371-68, passed February 28, 1968) and on or before April 30 of each year thereafter. When the return is made for a fiscal year or other period different from the calendar year, the return shall be filed within four months from the end of such fiscal year or period. The Administrator may provide by regulation that the return of an employer, showing the amount of tax deducted by such employer from the salary, wage, commission or other compensation of an employee, and paid by him or her to the Administrator, shall be accepted as the return required of any employee whose sole income, subject to tax under this chapter, is such salary, wage, commission or other compensation.
(c) If any employer who is liable for tax obligations imposed by this chapter undergoes a fundamental change, then the employer and the manager shall be liable for taxes due up to the date of the fundamental change. Taxes and final tax returns shall be due immediately after the fundamental change. Any successor employer shall withhold from any purchase price that the successor owes to the predecessor an amount sufficient to pay all unpaid taxes, interest and penalties which the predecessor employer owes pursuant to this chapter. The successor employer shall make such withholding until such time that the predecessor employer has paid such taxes, interest and penalties. If the successor fails to withhold such amount, then the successor and, in a personal manner, the successor's manager shall be jointly and severally liable for the payment of such taxes, interest and penalties.
(Ord. 5-85. Passed 4-22-85.)
The return shall be filed with the Administrator on a form furnished by, or obtainable upon request from, such Administrator, setting forth:
(a) The aggregate amounts of salaries, wages, commissions and other compensation, lottery winnings and income derived from gaming, wagering, lotteries or schemes of chance but only when such amounts are equal to or exceed four million dollars ($4,000,000), earned during the preceding year and subject to such tax;
(b) The gross income from a business, profession or other activity, less allowable expenses incurred in the acquisition of such gross income, earned during the preceding year and subject to such tax;
(c) The amount of the tax imposed by this chapter on such earnings and profits;
(d) The amount of tax imposed by this chapter on income reported;
(f) Such other pertinent statements, information returns or other information as the Administrator may require.
(Ord. 371-68. Passed 2-28-68; Ord. 57-04. Passed 7-12-04.)
The Administrator may extend the time for filing of the annual return, upon the request of the taxpayer, for a period not to exceed six months, or one month beyond any extension requested of or granted by the Internal Revenue Service for the filing of the Federal Income Tax Return. The Administrator may require a tentative return, accompanied by payment of the amount of tax shown to be due thereon, by the date the return is normally due. No penalty or interest shall be assessed in those cases in which the return is filed and the final tax paid within the period as extended.
(Ord. 371-68. Passed 2-28-68.)
(a) The taxpayer making a return shall, at the time of filing thereof, pay to the Administrator the balance of tax due, if any, after deducting the following:
(1) The amount of City income tax deducted or withheld at the source pursuant to Section 880.14;
(2) Such portion of the tax as has been paid on declaration by the taxpayer pursuant to Section 880.15; and
(3) Any credit allowable under Section 880.29.
(b) Should the return or the records of the Administrator indicate an overpayment of tax to which the City is entitled under this chapter, such overpayment shall first be applied against any existing liability, and the balance, if any, at the election of the taxpayer communicated to the Administrator, shall be refunded or transferred against any subsequent liability. However, overpayments of less than one dollar ($1.00) shall not be refunded.
(Ord. 371-68. Passed 2-28-68.)
(a) Where necessary, an amended return shall be filed in order to report additional income and pay any additional tax due, or to claim a refund of tax overpaid, subject to the requirements and/or limitations contained in Sections 880.24 to 880.26 and 880.29. Such amended returns shall be on a form obtainable on request from the Administrator. A taxpayer may not change the method of accounting or apportionment of net profits after the due date for filing the original return.
(b) Within three months from the final determination of any Federal tax liability affecting the taxpayer's City tax liability, such taxpayer shall make and file an amended City return showing income subject to the City tax based upon such final determination of Federal tax liability and pay any additional tax shown due thereon or make a claim for refund of any over payment.
(Ord. 371-68. Passed 2-28-68.)
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