As used in this chapter, 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 shall include the plural, the masculine shall include the feminine and the neuter, and all periods set forth shall be inclusive of the first and last mentioned dates.
(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 R.C. 5745.03 or to the net profit from a sole proprietorship.
(b) "Administrator" means the individual currently designated or appointed as Tax Administrator and having the direct responsibility to administer and enforce the provisions of this chapter.
(c) "Association" means a partnership, limited partnership, S corporation or any other form of unincorporated enterprise, owned by one or more persons.
(d) "Board of Review" means the Board created by and constituted as provided in Section 880.13 of this chapter; hereinafter referred to as the "Board".
(e) "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, including, but not limited to, the renting or leasing of property, real, personal or mixed.
(f) "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.
(g) "Domicile" means a principal residence that the taxpayer intends to use for an indefinite time and to which whenever he is absent he intends to return. A taxpayer has only one domicile even though he may have more than one residence.
(h) "Employee" means one who works for wages, salary, commission or other type of compensation in the service of an employer.
(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 a salary, wage, commission or other compensation basis.
(j) "Fiscal year" means an accounting period of 12 months or less ending on any day other than December 31.
(k) "Form 2106" Means Internal Revenue Service Form 2106 filed by a taxpayer pursuant to the Internal Revenue Code.
(l) "Generic form" means an electronic or paper form designed for reporting estimated municipal income taxes and annual municipal income tax liability or for filing a refund claim that is not prescribed by a particular municipal corporation for the reporting of that municipal corporation's tax on income.
Any municipality that requires taxpayers to file income tax returns, reports, or other documents shall accept for filing a generic form of such return, report, or document if the generic form, once completed and filed, contains all of the information required to be submitted with the municipality's prescribed returns, reports, or documents.
(m) "Gross receipts" means the total income of taxpayers from whatever source derived.
(n) "Income from a pass-through entity" means partnership income of partners, membership interest of members of a limited liability company, distributive shares of shareholders of an s corporation, or other distributive or proportionate ownership shares of income from other pass-through entities.
(o) "Intangible income" means income of any of the following types: income yield, interest, capital gains, dividends, or other income arising from the ownership, sale, exchange, or other disposition of intangible property including, but not limited to, investments, deposits, money, or credits as those terms are defined in Ohio R.C. Chapter 5701, and patents, copyrights, trademarks, tradenames, investments in real estate investment trusts, investments in regulated investment companies, and appreciation on deferred compensation. "Intangible income" does not include prizes, awards, or other income associated with any lottery winnings, gambling winnings or other similar games of chance.
(p) "Internal Revenue Code" means the Internal Revenue Code of 1986, 100 stat. 2085, 26 U.S.C. 1, as amended.
(q) "Internet" means the international computer network of both Federal and nonfederal interoperable packet switched data networks, including the graphical subnetwork known as the world wide web.
(r) "Joint economic development district or zone" means districts or zone created under Ohio R.C. 715.70 through 715.83, as amended from time to time.
(s) "Limited liability company" means a limited liability company formed under Ohio R.C. Chapter 1705 or under the laws of another state.
(t) "Municipality" means the Village of Coldwater, Ohio.
(u) "Net profits" for a taxpayer other than an individual means adjusted Federal taxable income and "net profit" for a taxpayer who is an individual means the individual's profit, other than amounts described in paragraph (h) of Section 880.03, required to be reported on schedule C, schedule E or schedule F.
(v) "Non qualified deferred compensation plan" means a compensation plan described in section 3121(v)(2)(c) of the Internal Revenue Code.
(w) "Nonresident" means an individual domiciled outside the Village.
(x) "Nonresident incorporated business entity" means an incorporated business entity not having an office or place of business within the Village of Coldwater, Ohio.
(y) "Nonresident unincorporated business entity" means an unincorporated business entity not having an office or place of business within the Village.
(z) "Ohio business gateway" means centralized electronic filing and payment system maintained by the State of Ohio.
(aa) "Other payer" means any person, other than an individual's employer or the employer's agent, that pays an individual any amount included in the Federal gross income of the individual.
(bb) "Owner" means a partner of a partnership, a member of a limited liability company, a shareholder of an S corporation, or other person with an ownership interest in a pass-through entity.
(cc) "Owner's proportionate share", with respect to each owner of a pass-through entity, means the ratio of (a) the owner's income from the pass-through entity that is subject to taxation by the municipal corporation, to (b) the total income from that entity of all owners whose income from the entity is subject to taxation by that municipal corporation.
(dd) "Pass-through entity" means a partnership, limited liability company, s corporation**, or any other class of entity the income or profits from which are given pass-through treatment under the internal revenue code. **see section 880.03 (h)(18).
(ee) "Person" includes individuals, firms, companies, business trusts, estates, trusts, partnerships, limited liability companies, associations, corporations, governmental entities, and any other entity. Whenever used in any clause prescribing and imposing a penalty, the term "person," as applied to any unincorporated entity, shall means the partners or members thereof, and as applied to corporations, the officers thereof.
(ff) "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 regularly in attendance.
(gg) "Principal place of business" means in the case of an employer having headquarters' activities at a place of business within a taxing municipality, the place of business at which the headquarters is situated. In the case of any employer not having its headquarters' activities at a place of business within a taxing municipality, the term means the largest place of business located in a taxing municipality.
(hh) "Qualified plan" means a retirement plan satisfying the requirements under section 401 of the Internal Revenue Code as amended.
(ii) "Qualifying wages" means wages, as defined in section 3121(a) of the Internal Revenue Code, without regard to any wage limitations, adjusted in accordance with Ohio R.C. 718.03(a).
(jj) "Resident" means an individual domiciled in the Village.
(kk) "Resident incorporated business entity" means an incorporated business entity whose office, place or operations or business situs is within the Village of Coldwater, Ohio.
(ll) "Resident unincorporated business entity" means an unincorporated business entity having an office or place of business within the Village of Coldwater, Ohio.
(mm) "Return preparer" means any person other than a taxpayer that is authorized by a taxpayer to complete or file an income tax return, report, or other document for or on behalf of the taxpayer.
(nn) "Rules and regulations" means the rules and regulations as set forth in this chapter.
(oo) "Schedule C" means Internal Revenue Service schedule C filed by a taxpayer pursuant to the Internal Revenue Code.
(pp) "Schedule E" means Internal Revenue Service schedule E filed by a taxpayer pursuant to the Internal Revenue Code.
(qq) "Schedule F" means Internal Revenue Service schedule F filed by a taxpayer pursuant to the Internal Revenue Code.
(rr) "S corporation" means a corporation that has made an election under subchapter S of chapter 1 of subtitle a of the Internal Revenue Code for its taxable year. See Section 880.03 (h)(18).
(ss) "Taxable income" means qualifying wages paid by an employer or employers, compensation for personal services, other income defined by statute as taxable, and/or adjusted Federal taxable income from the operation of a business, profession, or other enterprise or activity adjusted in accordance with the provisions of this chapter.
(tt) "Taxable year" means the corresponding tax reporting period as prescribed for the taxpayer under the Internal Revenue Code.
(uu) "Taxing municipality" means a municipality levying a tax on income earned by nonresidents working within such municipality or on income earned by its residents.
(vv) "Taxpayer" means a person subject to a tax on income levied by a municipal corporation. "Taxpayer" does not include any person that is a disregarded entity or a qualifying subchapter s subsidiary for Federal income tax purposes, but "taxpayer" includes any other person who owns the disregard entity or qualifying subchapter S subsidiary.
(ww) "Village" means the Village of Coldwater, Mercer County, Ohio.
(Ord. 813. Passed 11-13-72; Ord. 1451. Passed 12-21-01; Ord. 1468. Passed 12-9-02; Ord. 1509. Passed 11-22-04.)