173.05 METHOD OF DETERMINATION.

   The portion of the entire net profits of a taxpayer to be allocated as having been derived from within the City of Bedford Heights, in the absence of actual records thereof, shall be determined as follows:

   Multiply the entire net profits by a business allocation percentage to be determined by a three factor formula of property, payroll and sales, each of which shall be given equal weight, as follows:

   (a)    The average net book value of the real and tangible personal property owned or used by the taxpayer in the business or profession in the City of Bedford Heights during the taxable period to the average net book value of all the real and tangible personal property owned or used by the taxpayer in the business or profession during the same period, wherever situated. As used in the preceding paragraph, real property and tangible personal property shall include property rented or leased by the taxpayer and the value of such property shall be determined by multiplying the annual rental thereon by eight.

   (b)    Wages, salaries and other compensation paid during the taxable period to persons employed in the business or profession for services performed in the City of Bedford Heights to wages, salaries and other compensation paid during the same period to persons employed in the business or profession, wherever their services are performed.

   (c)    Gross receipts of the business or profession from sales made and services performed during the taxable period in the City of Bedford Heights to gross receipts of the business or profession during the same period from sales and services, wherever made or performed. In the event that the foregoing allocation formula does not produce an equitable result, another basis may, by approval of the Administrator and under uniform regulations, be substituted so as to produce such result. If the Administrator approves the use of books and records as a substitute method, the following shall apply:

      (1)   The net profits allocable to the City of Bedford Heights from business, professional or other activities conducted in the City by corporations or unincorporated entities (whether resident of non-resident) maybe determined from the records of the taxpayer only if the taxpayer has bonafide records which disclose with reasonable accuracy what portion of its net profits is attributable to the part of its activities conducted within the City of Bedford Heights.

      (2)   If the books and records of the taxpayer are used for the basis for apportioning net profits, a statement must accompany the return explaining the manner in which such apportionment is made in sufficient detail to enable the Administrator to determine whether the net profits attributable to the City of Bedford Heights are apportioned with reasonable accuracy.

      (3)   In determining the income allocable to the City of Bedford Heights from the books and records of a taxpayer, an adjustment may be made for the contribution made to the production of such income by headquarters activities of the taxpayer, whether such headquarters is within or without the City of Bedford Heights.

         (Ord. 2004-218. Passed 12-21-04.)