The following terms, phrases, words and their derivations shall have the meanings respectively ascribed to them in this chapter. The singular shall include the plural, and the masculine shall include 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. This definition is effective for tax years beginning on or after January 1, 2004.
(b) "Administrator" means the position of the Tax Administrator for the Municipality. A Tax Administrator shall be appointed by the Mayor with the advice and consent of Council. The general duties of the Tax Administrator shall be the supervision, auditing and prescribing of procedures with respect to the Municipal income tax as well as acting as the Municipal representative for tax matters.
(c) "Association" means any partnership, limited partnership, limited liability company, Chapter S Corporation as defined in the federal tax code, 26 U.S.C. 1361, or any other form of unincorporated enterprise.
(d) "Board of Review" means the Board created by and constituted as provided in Section 181.46.
(e) "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 other entity, excluding, however, all nonprofit corporations which are exempt from the payment of Federal income tax.
(f) "Corporation" means a corporation of joint stock associations, but not including Chapter S Corporations, organized under the laws of the United States, the State of Ohio or any other state, territory, foreign country or dependency.
(g) "Domicile" - The permanent legal residence of a taxpayer. A taxpayer may have more than one residence but not more than one domicile.
(h) "Employee" means one who works for a wage, salary, commission or any other type of compensation in the service of an employer.
(i) "Employer" means an individual, partnership, association, corporation, government 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 basis of compensation.
(j) "Fiscal year" means an accounting period of twelve months or less ending on any other day other than December 31.
(k) "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.
(l) "Gross receipts" means the revenue derived from sales, work done, or service rendered, before any deductions, exceptions, or credits are claimed.
(m) "Income" - Shall include all monies derived from any source whatsoever, including but not limited to:
(1) All qualifying wages, commissions, other compensation and other income from whatever source received by residents of Canal Fulton.
(2) All qualifying wages, commissions, other compensation and other income from whatsoever source received by nonresidents for work done or services performed or rendered or activities conducted in Canal Fulton.
(3) The portion attributable to the Municipality of the net profits of all unincorporated businesses, associations, professions, corporations, or other entities, from sales made, work done, services performed or rendered, and business or other activities conducted in Canal Fulton.
(n) "Manager" means any of the employer's officers, responsible persons, employees having control or supervision, and employees charged with the responsibility of filing the return, paying taxes, and otherwise complying with this chapter.
(o) "Municipality" means the City of Canal Fulton.
(p) "Net profits" means, for taxable years prior to 2004, a net gain from the operation of a business, profession, enterprise or other activity after provision for all ordinary and necessary expenses whether 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 an association, without deduction of salaries paid to partners and other owners; and otherwise adjusted to the requirements of this chapter.
(q) "Net profits" shall include any amount or value received, realized, or recognized in a sale or other disposition of tangible personal property or real property used in business, in excess of book value. (For taxable years 2004 and later, see "adjusted federal taxable income").
(r) "Nonresident" means an individual domiciled outside the Municipality.
(s) "Nonresident unincorporated business entity" means an unincorporated business entity not having an office or place of business within the Municipality.
(t) "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.
(u) "Place of business" means a bona-fide office, other than 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.
(v) "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 municipal tax shall be deducted by the employer, and any wages not considered a part of "qualifying wage" shall not be taxed by the Municipality. This definition is effective January 1, 2004.
(w) "Resident" means an individual domiciled in the Municipality.
(x) "Resident unincorporated business entity" means an unincorporated business entity having an office or place of business within the Municipality.
(y) "Taxable income" means income minus the deductions and credits allowed by this chapter.
(z) "Taxable year" means the calendar year or the fiscal year upon the basis of which the net profits are to be computed under this chapter and, in the case of a return for a fractional part of year, the period for which such return is required to be made.
(aa) "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.
(Ord. 37-03. Passed 12-16-03.)