(a) In the case of a nonresident individual, partnership, association, fiduciary or other entity (other than a corporation) engaged in the conduct, operation or prosecution of any trade, business, profession, enterprise, undertaking or other activity, there is imposed an annual tax of one percent on the net profits (earned or accruing on and after January 1, 1973) of such trade, business, profession, enterprise, undertaking, or other activity if, and to the extent, conducted in or derived from activity in the Village.
(b) A nonresident entity within the meaning of subsection (e) of Section 183.02 which has a branch or branches, office or offices and/or store or stores, warehouse, or other place or places in which the entity's business is transacted, located in the Village shall be considered to be conducting, operating, prosecuting, or carrying on a trade, business, profession, enterprise, undertaking or other activity to the full extent of the sum total of all transactions originating or consummated in, by or through such Byesville branch, office, store, warehouse or other place of business, including:
(1) Billings made on such transactions,
(2) Services rendered,
(3) Shipments made,
(4) Goods, chattels, merchandise, etc., sold, or
(5) Commissions, fees or other remuneration or payments earned.
(c) In the case of the partnership, association, or other unincorporated business owned by one or more persons the tax, generally, shall be upon such partnership, association, or business enterprise as an entity and not ordinarily upon the partners or members thereof. However, the provisions of Section 181.05 are applicable to render taxable against such resident partners or members their distributive share of any profits of such nonresident entity not taxable under Chapter 183.
(d) In determining the proportion or amount of the taxable net profits of a nonresident business entity having a place or places of business within and outside the Village, such business entity may at its option use and apply the Business Allocation Percentage Formula set forth in Section 183.02(h). For an explanation of the Formula, see Section 181.08.
(Res. 402. Passed 11-27-72.)