(a) As used in this Ordinance 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.
(1) “Association” means a partnership, limited partnership, limited liability company, S corporation, or any other unincorporated enterprise owned by one or more persons.
(2) “Board of Review” means the Board created by and constituted as provided for in Section 185.11.
(3) “Business” means an enterprise, activity, profession or undertaking of any nature conducted for profit or ordinarily conducted for profit, whether by an individual, partnership, fiduciary, trust, corporation, association or any other entity, including but not limited to the renting or leasing of property, real, personal or mixed.
(4) “City” means the City of Bucyrus.
(5) “City Income Tax Administrator” means the person appointed to administer the City’s Income Tax Ordinance and Rules and Regulations and to direct the operation of the City Income Tax Department or the person executing the duties of the City Income Tax Administrator.
(6) “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, foreign country or dependency, but not including S corporations.
(7) “Domicile” means a principal residence that a taxpayer intends to use for an indefinite period of time and to which whenever he is absent he intends to return. A taxpayer has only one domicile even though he may have more than one residence.
(8) “Employee” means one who works for wages, salary, commission or other type of compensation in the service of an employer.
(9) “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.
(10) “Fiscal year” means an accounting period of twelve (12) months or less ending on any day other than December 31.
(11) “Internal Revenue Code” means the Internal Revenue Code of 1986, 100 Stat. 2085, 26 U.S.C. 1, as amended.
(12) “Limited liability company” means a limited liability company formed under Chapter 1705 of the Ohio Revised Code or under laws of another state.
(13) “Net profit” for a taxpayer other than an individual means adjusted federal taxable income as defined in Section 187.11 of the Rules and Regulations and “net profit” for a taxpayer who is an individual means the individual’s profits required to be reported on schedule C, schedule E or schedule F.
(14) “Non-resident” means an individual domiciled outside the City of Bucyrus.
(15) “Non-resident unincorporated business entity” means an unincorporated business entity not having an office or place of business within the City of Bucyrus.
(16) “Owner” means a partner of a partnership, a member of a limited liability company, a shareholder of an S corporation, or other person with an ownership interest in a pass-through entity.
(17) “Other entity” means any person or unincorporated body not previously named or defined.
(18) “Pass-through entity” means a partnership, limited liability company, S corporation, or any other class of entity the income or profits from which are given pass-through treatment under the Internal Revenue Code.
(19) “Person” includes individuals, firms, companies, business trusts, estates, trusts, partnerships, limited liability companies, associations, corporations, governmental entities and any other entity.
(20) “Place of business” means any bona fide 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.
(21) “Qualified retirement plan” means a retirement plan satisfying the requirements under section 401 of the Internal Revenue Code as amended.
(22) “Qualifying wages” means wages, as defined in section 3121(a) of the Internal Revenue Code, without regard to any wage limitations, adjusted as follows:
A. Deduct any amount included in wages if the amount constitutes compensation attributable to a plan or program described in section 125 of the Internal Revenue Code.
B. Add any amount not included in wages solely because the employee was employed by the employer prior to April 1, 1986.
C. Add any amount not included in wages because the amount constitutes ordinary income arising from the sale, exchange or other disposition of a stock option, the exercise of a stock option, or the sale, exchange or other disposition of stock purchased under a stock option.
D. Add any amount not included in wages if the amount is for employee contributions and employee deferrals to a plan or program described in section 401(k) or 457 of the Internal Revenue Code.
E. Add any amount that is supplemental unemployment compensation benefits described in section 3402(o)(2) of the Internal Revenue Code and not included in wages.
(23) “Resident” means an individual domiciled in the City of Bucyrus.
(24) “Resident unincorporated business entity” means an unincorporated business entity having an office or place of business within the City of Bucyrus.
(25) “Rules and Regulations” means Resolution No. 240-2003 enacted by the Council of the City of Bucyrus on December 30, 2003 and any amendments or supplements thereto.
(26) “Schedule C” means Internal Revenue Service schedule C filed by a taxpayer pursuant to the Internal Revenue Code.
(27) “Schedule E” means Internal Revenue Service schedule E filed by a taxpayer pursuant to the Internal Revenue Code.
(28) “Schedule F” means Internal Revenue Service schedule F filed by a taxpayer pursuant to the Internal Revenue Code.
(29) “S corporation” means a corporation that has made an election under subchapter S of Chapter 1 of Subtitle A of the Internal Revenue Code for its taxable year.
(30) “Taxable income” means qualifying wages paid by an employer or employers, compensation for personal services, other income defined by statute as taxable, and/or adjusted federal taxable income from the operation of a business, profession, or other enterprise or activity adjusted in accordance with the provisions of the Rules and Regulations.
(31) “Taxable year” means the corresponding tax reporting period as prescribed for the taxpayer under the Internal Revenue Code.
(32) “Taxpayer” means a person subject to a tax on income levied by a municipal corporation. “Taxpayer” does not include any person that is a disregarded entity or a qualifying subchapter S subsidiary for federal income tax purposes but “taxpayer” includes any other person who owns the disregarded entity or qualifying subchapter S subsidiary.
(b) The singular shall include the plural, the masculine shall include the feminine and the neuter. (Ord. 57-2003. Passed 12-30-03.)