As used in this chapter, the following words shall have the meaning ascribed to them in this section except as and if the context clearly indicates or requires a different meaning.
(a) "Administrator" means the Fiscal Officer, who shall administer and supervise the income tax code for the Village.
(Ord. 11-1998. Passed 6-10-98.)
(Ord. 11-1998. Passed 6-10-98.)
(b) "Association" means a partnership, limited partnership, or any other form of unincorporated enterprise, owned by two or more persons.
(c) "Board of Review" The Board created by and constituted as provided in Section 183.12.
(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, governmental 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 compensation basis.
(h) "Fiscal year" means an accounting period of twelve months or less ending on any day other than December 31.
(Ord. 4-1982. Passed 2-10-82.)
(i) "Fundamental change" means any substantial alteration by an employer including liquidation, dissolution, bankruptcy and reorganizations such as merger, consolidation, acquisition, transfer or change in identity, form or organization.
(Ord. 37-1984. Passed 10-10-84.)
(j) "Gross receipts" means the total income from any source whatsoever.
(Ord. 4-1982. Passed 2-10-84.)
(Ord. 4-1982. Passed 2-10-84.)
(k) "Manager" means any of the employer's officers, responsible employees having control or supervision, and employees charged with the responsibility of filing the return, paying taxes, and otherwise complying with this chapter.
(Ord. 37-1984. Passed 10-10-84.)
(l) A. For taxable years prior to 2004, “net profits” means net gain from the operation of a business, profession, enterprise or other activity after provision for all ordinance, reasonable 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 association, without deduction of salaries to partners, and other owners; and otherwise adjusted to the requirements of this Chapter. For taxable years 2004 and later, see “adjusted federal taxable income”.
B. “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. The definition does not apply to any taxpayer required to file a return under Ohio Revised Code (ORC) Section 5745.03 or to the net profits from a sole proprietorship. This definition is effective for tax years beginning on or after January 1, 2004.
(Ord. 4-2005. Passed 1-12-05.)
(m) "Nonresident" means an individual domiciled outside of the Village.
(n) "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.
(o) "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.
(p) "Resident" means an individual domiciled in the Village.
(q) "Resident unincorporated business entity" means an unincorporated business entity having an office or place of business within the Village.
(Ord. 4-1982. Passed 2-10-82.)
(r) A. For taxable years prior to 2004, “taxable income” means wages, salaries 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. For taxable years 2004 and later see “Qualifying Wages”.
B. “Qualifying Wages”. 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 should be deducted by the employer, and any wages not considered a part of “qualifying wages”, shall not be taxed by the Village of Boston Heights. This definition is effective January 1, 2004, for taxable years 2004 and later.
(Ord. 4-2005. Passed 1-12-05.)
(Ord. 4-2005. Passed 1-12-05.)
(s) "Taxable year" means the calendar year, or the fiscal year upon the basis of which net profits are to be computed under this chapter 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 or any corporation or other entity, required hereunder to file a return or pay a tax.
(u) The singular shall include the plural, and the masculine shall include the feminine and the neuter.
(Ord. 4-1982. Passed 2-10-82.)
(Ord. 4-1982. Passed 2-10-82.)
(v) “Generic form” means 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 a Village of Boston Heights regular tax return, estimated payment forms, and request for refund forms, and are in a similar format that will allow the processing of the generic forms without altering the Village of Boston Heights procedure for processing forms. (Ord. 4-2005. Passed 1-12-05.)
(w) "Pension." Pension means 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. 2014-8-22. Passed 8-12-14.)