A person taxable under Section 733.05 of this article with respect to selling products at wholesale in this Municipality shall be allowed a non-refundable credit against the tax imposed on such wholesale sales pursuant to Section 733.05 for any (a) manufacturing taxes paid by such person with respect to the manufacturing of products so sold at wholesale in this Municipality, and/or (b) extracting taxes paid by such person with respect to the extracting of products so sold in this Municipality or ingredients of products so sold at wholesale in this Municipality.
For purposes of this section:
(a) "Manufacturing tax" means a gross receipts tax imposed by a municipality or other local government unit on the act or privilege of engaging in the business as a manufacturer and includes (i) the tax imposed in Section 733.04 of this article and (ii) similar gross receipts taxes paid to other municipalities or other local government units (other than State governments) within the United States.
(b) "Extracting tax" means a gross receipts tax imposed by a municipality or other local government unit on the act or privilege of engaging in the business as a producer of natural resource products and includes (i) the tax imposed in Section 733.03 of this article and (ii) similar gross receipts taxes paid to other municipalities or other local government units within the United States (other than State governments) within the United States.
(c) "Gross receipts tax" means a tax which (i) is imposed on or measured by the gross volume of business in terms of gross receipts or in other terms and in the determination of which deductions allowed would not constitute the tax an income tax or value added tax and (ii) which is not, pursuant to law or custom, separately stated from the sales price.
If imposition of the Municipality's tax would place an undue burden upon interstate commerce or violate constitutional requirements, a taxpayer shall be allowed a credit to the extent necessary to preserve the validity of the tax under this article, and still apply the tax to as much of the taxpayer's activities as may be subject to the Municipality's taxing authority.
(Ord. 2019-07. Passed 12-2-19.)