(a) Rental income received by an individual resident taxpayer shall be included in the computation of net profits from business activities under Section 151.03(d), only if and to the extent that the rental ownership, management or operations of the real estate from which such rentals are derived, whether so rented, managed or operated by a resident taxpayer individually or through agents or other representatives, constitute a business activity of the individual resident taxpayer in whole or in part.
(b) Where the gross monthly rental of any and all real properties, regardless of number and value, aggregates in excess of one hundred twenty-five dollars ($125.00) per month, it shall be prima-facie evidence that the rental, ownership, management or operation of such properties is a business activity of such taxpayer, and the net income of such rental property shall be subject to tax.
(c) The owner of commercial property shall be considered engaged in a business activity when the rental is based on a fixed or fluctuating percentage of gross or net sales, receipts or profits of the lessee, whether or not such rental exceeds one hundred twenty-five dollars ($125.00) per month.
(d) The owner of farm property shall be considered engaged in a business activity when he shares in crops or when the rental is based on a percentage of the gross or net receipts derived from the farm, whether or not the gross income exceeds one hundred twenty-five dollars ($125.00) per month.
(e) A person who operates a licensed rooming house shall be considered in business whether or not the gross income exceeds one hundred twenty-five dollars ($125.00) per month.
(f) It shall be mandatory for every taxpayer subject to Sections 151.05(c) and 151.06, personally or through a management agent, to submit a list to the Administrator of names and addresses of all tenants. The required list shall be prepared and submitted on or before January 31, 2009 and at such other times as the Administrator may prescribe.
(g) Beginning on February 1, 2009 and thereafter, and subject to subsection (i) below, within thirty days after a new tenant occupies residential rental property of any kind within the City, the property owner of rental or leased residential property shall file with the Administrator a report showing the name, social security number and address of each tenant who occupies a residential premises within the corporate limits of the City.
(h) Beginning on February 1, 2009 and thereafter, within thirty days after a tenant vacates residential rental property of any kind within the City, the property owner of rental or leased residential property shall file with the Administrator a report identifying a vacating tenant and stating the date of vacating from the rental or leased residential property.
(i) Any tenant whose social security number is required to be reported by the landlord to the Administrator, pursuant to the subsections above, may report such social security number directly to the Administrator when the tenant desires, for any reason whatsoever, not to reveal his or her social security number to the landlord. The tenant shall provide the social security number or other required information within the time required above.
(j) The owner of rental or leased residential property whose tenant and/or lessee elects the procedure set forth in subsection (i) is exempted from the requirement of reporting the tenant's social security number to the City.
(Ord. 2486. Passed 9-11-08.)
(Ord. 2486. Passed 9-11-08.)