As used in this section, 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. The singular includes the plural, and the masculine includes the feminine and the neuter.
(a) Adjusted Federal Taxable Income- means 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. This definition does not apply to any taxpayer required to file a return under Ohio Revised Code (ORC) section 5745.03 or to the net profit from a sole proprietorship.
(b) Association- means a partnership, limited partnership, Limited Liability Company, S Corporations as defined in the federal tax code, 26 U.S.C. 1361, or any other form of unincorporated enterprise owned by two or more persons.
(c) Board of Review- means the Board created by and constituted as provided by and constituted in Section 181.13
.
(d) Business- means an 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.
(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) Day- means a fraction of a day, which shall be construed as a full day.
(g) Domicile- is that place where an individual has his true, fixed and permanent home and principal establishment and to which, whenever he is absent, he has the intention of returning. A taxpayer may have more than one residence but not more than one domicile.
(h) Employee- one who works for income, qualifying wages, commissions or another type of compensation in the service and under the control of an employer. Any person from whom an employer is required to withhold for federal income tax purposes shall prima facie be deemed an employee.
(i) 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 an income, qualifying wage, commission or other compensation basis.
(j) Estimated Tax Liability- means the amount that a taxpayer estimates to be his liability for the Village of Cadiz income tax for a year; prior to applying any credits, estimated tax payments or withheld taxes for a year.
(k) Fiscal Year- means an accounting period of twelve months ending on any day other than December 31.
(l) Generic Form- means an electronic or paper form designed for reporting estimated municipal income taxes, and/or annual municipal income tax liability, and/or separate requests for refunds that contain all the information required on the Village of Cadiz's regular tax return and estimated payment forms, and are in a similar format that will allow processing of the generic forms without altering the Village of Cadiz's procedures for processing forms.
(m) Gross Receipts- means the total revenue derived from sales, work done, or services rendered.
(n) Income- means all monies and compensation in any form, subject to limitations imposed by ORC 718, derived from any source whatsoever, including but not limited to:
(1) All income, qualifying wages, commissions, and other compensation from whatever source earned and/or received by residents of the Village of Cadiz
(2) All income, qualifying wages, commissions, and other compensation from whatsoever source earned and/or received by nonresidents for work done or services performed or rendered or activities conducted in the Village of Cadiz.
(3) The portion attributable to the Village of Cadiz of the net profits of all businesses, associations, professions, corporations, or other entities, from sales made, work done, services performed or rendered, and business or other activities conducted in the Village of Cadiz.
(o) Income Tax Administrator- means the individual designated by the Ordinance; whether appointed or elected, charged with the direct responsibility to enforce the provisions of the Ordinance, regardless of the particular title assigned such individual.
(p) Joint Economic Development District- means a district created under Ohio Revised Code 715.70-715.83, and as may be amended from time to time.
(q) Municipality- means the Village of Cadiz, Ohio. (If "Municipality" is capitalized in the Ordinance it refer to Cadiz, Ohio, and if not capitalized it refers to a municipality other than Cadiz, Ohio)
(r) Net Profits- means, for taxable years prior to 2004, the net gain from the operation of a business, profession or enterprise after provision for all ordinary accounting system (i.e., cash or accrual) used by the taxpayer for federal income tax purposes without deduction of taxes imposed by this section and federal and other taxes based on income and, in the case of an unincorporated entity, without deduction of salaries paid to partners or other owners. (For taxable years 2004 and later, see "adjusted federal taxable income".)
(s) Nonresident- means an individual domiciled outside the Village of Cadiz.
(t) Nonresident Unincorporated Business Entity- means an unincorporated business entity not having an office or place of business within the Village of Cadiz.
(u) Ordinance- means the Income Tax Ordinance enacted by the Village of Cadiz Council and any amendments and supplements thereto.
(v) Other Entity- means any business, including non-profits, not defined elsewhere in this Ordinance.
(w) Pass-Through Entity- means a partnership, S Corporation, Limited Liability Company, or any other class of entity whereby the income or profits from which are given pass-through treatment under the Internal Revenue Code. Unless otherwise specified, for purposes of this Ordinance the tax treatment for pass-throughs is the same as "Association".
(x) Person- means every natural person, partnership, fiduciary, association, corporation, or other entity. Whenever used in a clause prescribing or imposing a penalty, the term "person" as applied to an unincorporated entity shall mean the partners or members thereof, and as applied to a corporation, the officers thereof, and in the case of any unincorporated entity or corporation not having any partner, member or officer within this Municipality, any employee or agent of such unincorporated entity or corporation who can be found within the corporate limits of the Village of Cadiz.
(y) 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 in attendance.
(z) Qualifying Wage- means 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 from which the employer shall deduct municipal tax, and a Municipality shall not tax any wages not considered a part of "qualifying wage". This definition is effective January 1, 2004, for taxable years 2004 and later. Reference ORC 718.03(A) (2).
(aa) Resident- means an individual domiciled in the Village of Cadiz at any time during the taxable year.
(bb) Resident Unincorporated Business Entity- means unincorporated business entity having an office or place of business within the Village of Cadiz.
(cc) Tax Administrator- refers to Income Tax Administrator defined above.
(dd) Taxable Year- means the calendar year, or the fiscal period ending during the year, that is the basis for which the net profits are to be computed under this ordinance and, in the case of a return for a fractional part of a year, the time for which such return is made. Unless approved by the Tax Administrator, the taxable year of an individual shall be a calendar year.
(ee) Taxpayer- means a person, whether an individual, co-partnership, association, any corporation, or other entity required hereunder to file a return and/or pay tax.
(ff) Village- means the Village of Cadiz, Ohio.
(Ord. 2009-18. Passed 11-19-09.)