§ 38.03 IMPOSITION OF TAX; EFFECTIVE PERIOD.
   (A)   Subject to the provisions of § 10.07 of this code of ordinances, an annual tax for the purposes specified in § 38.01 hereof shall be imposed on and after 1-1-1971 at the rate of 1% per annum upon the following:
      (1)   On all salaries, wages, commissions and other compensation earned on and after 1-1-1971 by residents of the village;
      (2)   On all salaries, wages, commissions and other compensation earned on and after 1-1-1971 by non-residents for work done or services performed or rendered in the village;
      (3)   (a)   On the portion attributable to the village of the net profits earned on or after 1-1-1971 of all resident unincorporated businesses, professions or other entities, derived from sales made, work done, services performed or rendered and business or other activities conducted in the village.
         (b)   On the portion of the distributive share of the net profits earned on and after 1-1-1971 of a resident partner or owner of a resident unincorporated business entity not attributable to the village and not levied against the unincorporated business entity.
      (4)   (a)   On the portion attributable to the village of the net profits earned on and after 1-1-1971 of all non-resident unincorporated businesses, professions or other entities, derived from sales made, work done or services performed or rendered and business or other activities conducted in the village, whether or not the unincorporated business entity has an office or place of business in the village.
         (b)   On the portion of the distributive share of the net profits earned on and after 1-1-1971 of a resident partner or owner of a non-resident unincorporated business entity not attributable to the village and not levied against the unincorporated business entity.
      (5)   On the portion attributable to the village, of the net profits earned on and after 1-1-1971 of all corporations derived from sales made, work done, services performed or rendered and business or other activities conducted in the village whether or not the corporations have an office or place of business in the village.
   (B)   The portion of the net profits attributable to the village of a taxpayer conducting a business, profession or other activity both within and without the boundaries of the village shall be determined as provided in R.C. § 718.02 and in accordance with the rules and regulations adopted by the Village Council pursuant to this chapter.
   (C)   Operating loss carry forward.
      (1)   The portion of a net operating loss sustained in any taxable year subsequent to 1-1-1971 allocable to the village may be applied against the portion of the profit of succeeding year(s) allocable to the village, until exhausted but in no event for more than five taxable years. No portion of a net operating loss shall be carried back against net profits of any prior year.
      (2)   The portion of a net operating loss sustained shall be allocated to the village in the same manner as provided herein for allocating net profits to the village.
      (3)   The Administrator shall provide by rules and regulations the manner in which the net operating loss carry-forward shall be determined.
   (D)   Consolidated returns.
      (1)   Filing of consolidated returns may be permitted or required in accordance with rules and regulations prescribed by the Administrator.
      (2)   In the case of a corporation that carried 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 village constituting a portion only of its total business, the Administrator shall require the additional information as he or she may deem necessary to ascertain whether net profits are properly allocated to the village. If the Administrator finds net profits are not properly allocated to the village 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 or she shall make the allocation as he or she deems appropriate to produce a fair and proper allocation of net profits to the village.
   (E)   The tax provided for herein 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 R.C. § 718.01 to the extent that the net profits are exempted from municipal income taxes under the section. Additionally, the tax provided for herein shall not be levied on any income if the levy would otherwise be prohibited by law, including, but not limited to, the prohibitions established in R.C. § 718.01.
   (F)   The tax shall be levied, collected and paid with respect to the salaries, wages, commissions and other compensations and with respect to the net profits of businesses, professions or other activities earned on and after January 1, 1971 and until repealed.
(Prior Code, § 38.03) (Ord. 8-70, passed 10-12-1970)