As used herein or as set forth in KRS 67.750 to 67.795 and used concerning matters of and germane to occupational licensing and occupational license taxes, unless the context requires otherwise, the following words or terms shall have the following meaning:
BUSINESS ENTITY. Each separate corporation, limited liability company, business development corporation, partnership, limited partnership, sole proprietorship, association, joint stock company, receivership, trust, professional service organization or other legal entity through which business is conducted.
COMPENSATION. Wages, salaries, commissions, or another form of remuneration paid or payable by an employer for services performed by an employee, which are required to be reported for federal income tax purposes and adjusted as follows: (a) include any amounts contributed by an employee to any retirement, profit sharing or deferred compensation plan, which are deferred for federal income tax purposes under a salary reduction agreement or similar agreement, including but not limited to salary reduction arrangement under §§ 401(a), 401(k), 402(e), 403(a), 403(b), 408, 414(h), or 457 of the Internal Revenue Code; and, (b) include any amounts contributed by an employee to any welfare benefit, fringe benefit, or other benefit plan made by salary reduction or other payment method which permits employees to elect to reduce federal taxable compensation under the Internal Revenue code, including but not limited to §§ 125 and 132 of the Internal Revenue code.
EMPLOYEE. Any person who renders services to another person or business entity for compensation, or its equivalent, under an express or implied contract, and who is under the control or direction of the latter, including an officer of a corporation and any officer, employee, or elected
official of the United States, a state, a political subdivision of a state, or any agency or instrumentality of any one or more of the above and so including temporary, provisional, casual, or part-time or out-sourced employees, workers or employment. A person classified as an independent contractor under the Internal Revenue Code shall not be considered as an
EMPLOYEE.
EMPLOYER. As defined by § 3401 of the Internal Revenue Code.
FISCAL YEAR. As defined by § 7701 of the Internal Revenue Code.
GROSS RECEIPTS. All revenues or proceeds derived from the sale, lease, or rental of goods, services, or property by a business entity reduced by the following: (a) sales and excise taxes paid; and (b) returns and allowances.
INTERNAL REVENUE CODE. Internal Revenue Code in effect on December 31, 2016 and any applicable amendments made thereafter.
OCCUPATIONAL LICENSE FEES, OCCUPATIONAL TAX and PAYROLL TAX. For purposes of this chapter and related documents shall have one and the same meaning, may be used interchangeable and are separate and distinct from BUSINESS LICENSE.
PERSON. Every natural person, proprietorship, firm, organization, association, congregation, undertaking, venture, joint venture, company, corporation, administration, agency, governmental body or unit, or other entity. Whenever the term PERSON is used in any clause prescribing or imposing a sanction or penalty, in the nature of a fine, or confinement, or imprisonment, the word, as applied to any association or entity, shall mean the partners or members thereof, and as applied to a corporation, the officers and directors thereof.
TAX DISTRICT. A home rule city, county, urban-county, charter county, consolidated local government, school district, special taxing district or any other statutorily created entity with the authority to levy gross receipts, net profits or occupational license taxes.
TAXABLE YEAR. The calendar year or fiscal year ending during the calendar year upon the basis of which gross receipts are computed.
(Ord. 827-2017, passed 3-6-17)