(a) Method of determination. Except as provided in subsection (d) hereof, net profit from a business or profession conducted both within and without the boundaries of the Municipality shall be considered as having a taxable situs in the Municipality for the purpose of municipal income taxation, in the same proportion as the average ratio of the following:
(1) The average original cost of the real and tangible personal property owned or used by the taxpayer in the business or profession in the Municipality during the taxable period to the average original cost of all the real and tangible personal property owned or used by the taxpayer in the business or profession during the same period, wherever situated. As used in the preceding paragraph, real property shall include property rented or leased by the taxpayer and the value of such property shall be determined by multiplying the annual rental thereon by eight.
(2) Wages, salaries and other compensation paid during the taxable period to persons employed by a business or profession for services performed in the Municipality to wages, salaries and other compensation paid during the same period to persons employed by a business or profession, wherever their services are performed, excluding compensation that is not taxable by the Municipality under § 151.08(h) hereof.
(3) Gross receipts of the business or profession from sales made and services performed during the taxable period in the Municipality to gross receipts of the business or profession during the same period from sales and services, wherever made or performed.
In the event that the foregoing apportionment formula does not produce an equitable result, another basis may be substituted under uniform regulations which produces an equitable result.
(b) Sales Made in the Municipality. As used in subsection (a) hereof, "sales made in the Municipality" means:
(1) All sales of tangible personal property delivered within the Municipality regardless of where title passes if shipped or delivered from a stock of goods within the Municipality.
(2) All sales of tangible personal property delivered within the Municipality regardless of where title passes even though transported from a point outside the Municipality it the taxpayer is regularly engaged through its own employees in the solicitation or promotion of sales within the Municipality and the sales result from such solicitation or promotion.
(3) All sales of tangible personal property shipped from a place within the Municipality to purchasers outside of the Municipality regardless of where title passes if the taxpayer is not, through its own employees, regularly engaged in the solicitation or promotion of sales at the place of delivery.
(c) Rental Income. Except as otherwise provided in § 151.06, rental income from rental activity not constituting a business or profession shall be subject to tax only by the municipality in which the property generating the net profit is located.
(d) Residents exempt. This section shall not apply to individuals who are residents of the Municipality and, except as otherwise provided in this Chapter, the Municipality may impose a tax on all income earned and/or received by residents of the Municipality to the extent allowed by Ohio law and the Ohio and United States Constitutions.
(Ord. 512. Passed 12-15-69; Am. Ord. 2345. Passed 6-8-06.)