(1) All salaries, wages, commissions, and other compensation earned during the effective period of this chapter by residents of the City. Any form of deferred compensation regardless of classification shall be included in the definitions for “taxable income” referenced herein and taxed at the rate provided above.
(2) All salaries, wages, commissions and other compensation earned during the effective period of this chapter by nonresidents for work done or services performed or rendered in this City. Any form of deferred compensation regardless of classification shall be included in the definitions for “taxable income” referenced herein and taxed at the rate provided above.
(3) Lottery payouts over ten thousand dollars ($10,000).
(4) Each new resident of the City shall register with the Income Tax Director within thirty days of residence in the Municipality. All residents of the City shall return the resident survey/questionnaire form within thirty days of the date of the form.
(5) All employers, contractors, or subcontractors who do work in the Municipality shall register with the Income Tax Director and shall present a list of all employees, subcontractors, contractors, or others who may do work for them whose profits, wages, or earnings are not presently subject to withholding of the City income tax. All business and individual questionnaires must be returned within thirty days from the date of the form.
(6) All landlords who rent and/or lease property in the City shall submit an up- to-date list of their tenants to the Income Tax Director within thirty days of the request.
(7) Whoever violates these subsections shall be subject to a fine of five dollars ($5.00) per day for each and every day they remain in violation.
(8) Any tax imposed on a pass through entity shall be imposed on the owners of the entity.
(9) The portion attributable to this City of the net profits earned during the effective period of this chapter by all resident unincorporated businesses, professions, or other entities, and derived from sales made, work done, services performed or rendered, and business or other activities conducted in this City.
(10) The portion of the distributive share of the net profits earned during the effective period of this chapter by a resident partner or owner of a nonresident unincorporated business entity not attributable to this City and not levied against the unincorporated business entity by this City.
(11) The portion attributable to this City of the net profits earned during the effective period of this chapter by all nonresident unincorporated businesses, professions or other entities derived from sales made, work done, or services performed or rendered, and business or other activities conducted in this City, whether or not the unincorporated business entity has an office or place of business in this City.
(12) The portion attributable to this City, of the net profits earned during the effective period of this chapter of all corporations derived from sales made, work done, services performed or rendered, and business or other activities conducted in this City, whether or not the corporations have an office or place of business in this City.
(b) Net Profits of Businesses Within and Without the City. The portion of the net profits attributable to the City of a taxpayer conducting a business, profession, or other activity, both within the without the City shall be as provided in Ohio R.C. 718.02 and in accordance with the rules adopted by the Income Tax Director pursuant to this chapter.
(c) Operating Loss Carry-Forward. The portion of a net operating loss sustained in any taxable year subsequent to September 1, 1973, allocable to the City may be applied against the portion of the profit of the succeeding year allocable to the City until exhausted, but in no event not more than two taxable years. No portion of a net operating loss shall be carried back against net profits of any prior year. The portion of a net operating loss sustained shall be allocated to the City in the same manner as provided herein for allocating net profits to the City. The Income Tax Director shall provide by rules and regulations the manner in which the net operating loss carry-forward shall be determined.
(d) Consolidated Returns. Any corporation filing a consolidated return with the Internal Revenue Service may also file a consolidated return with this City. In the case of a corporation that carries on transactions with its stockholders or with other corporations related by stock ownership, interlocking directorates, or some other method, or in case any person operates a division, branch, factory, office, laboratory, or activity within the City constituting a portion only of its total business, the Income Tax Director shall require the additional information as he may deem necessary to ascertain whether net profits are properly allocated to the City. If the Income Tax Director finds net profits are not properly allocated to the City by reason of transactions with stockholders or with other corporations related by stock ownership, interlocking directorates, or transactions with the division, branch, factory, office, laboratory, or activity, or by some other method, he shall make the allocation he deems appropriate to produce fair and proper allocation of the net profits to the City.
(e) Exceptions. The tax provided for in this section shall not be levied upon the military pay or allowances of members of the Armed Forces of the United States; or upon the net profits of any civic, charitable, religious, fraternal, or other organization specified in Ohio R.C. 718.01, to the extent that the net profits are exempted from municipal taxes under that section; proceeds from welfare benefits, unemployment insurance benefits, social security benefits, and qualified retirement plans as defined by the Internal Revenue Service; proceeds of insurance; annuities except life insurance in excess of fifty thousand dollars ($50,000); permanent disability benefits; compensation for damages for personal injuries and like reimbursement, not including damages for loss of profits or wages; alimony; compensation paid to a person serving as a precinct official, to the extent that such compensation does not exceed one thousand dollars ($1,000) annually; compensation paid to a Transit Authority created under Ohio R.C. Chapter 306, unless operated on a regular schedule; the income of a public utility except the income of an electric company or telephone company as defined in Ohio R.C. 5727.01; the compensation of a nonresident individual if the compensation is paid for personal services performed by the individual in the City on twelve or fewer days during the calendar year; the individual is not a professional entertainer, athlete or promoter of such. For the purposes of the twelve-day calculation, “day” means any part of a twenty-four hour calendar day where compensation is earned in Coshocton. Beginning with the thirteenth day, the individual shall no longer be considered an occasional entrant and is liable for taxes on income earned for the first twelve days. Housing allowance for the clergy in that this allowance is used for living quarters; finance companies; railroads; state and national banks; savings and loan companies; public libraries; contributions made by or on behalf of employers to cafeteria plans (Sec. 125); third party sick pay; capital gains; patent and copyright income; royalties from intangible property.
(Ord. 62-04. Passed 11-22-04; Ord. 03-05. Passed 2-14-05.)