(a) “Taxpayer” means a person subject to a tax levied on income by the City in accordance with this Part 18. “Taxpayer” does not include a grantor trust or, except as provided in division (b)(1) of this section, a disregarded entity.
(b) (1) A single member limited liability company that is a disregarded entity for federal tax purposes may be a separate taxpayer from its single member in all Ohio municipal corporations in which it either filed as a separate taxpayer or did not file for its taxable year ending in 2003, if all of the following conditions are met:
A. The limited liability company’s single member is also a limited liability company.
B. The limited liability company and its single member were formed and doing business in one or more Ohio municipal corporations for at least five years before January 1, 2004.
C. Not later than December 31, 2004, the limited liability company and its single member each made an election to be treated as a separate taxpayer under R.C. § 718.01(L) as this section existed on December 31, 2004.
D. The limited liability company was not formed for the purpose of evading or reducing Ohio municipal corporation income tax liability of the limited liability company or its single member.
E. The Ohio municipal corporation that was the primary place of business of the sole member of the limited liability company consented to the election.
(2) For purposes of division (b)(1)E of this section, the City of Brook Park was the primary place of business of a limited liability company if, for the limited liability company's taxable year ending in 2003, its income tax liability was greater in that municipal corporation than in any other municipal corporation in Ohio, and that tax liability to that municipal corporation for its taxable year ending in 2003 was at least four hundred thousand dollars ($400,000.00).
(Ord. 9984-2015. Passed 12-15-15; Ord. 11375-2023. Passed 12-12-23.)