(a) There is hereby levied and shall be collected annual privilege taxes against the persons, on account of the business and other activities, and in the amounts to be determined by the application of rates against values or gross income as set forth in Sections 763.03 to 763.12, inclusive, of this article.
(b) If any person liable for any tax under Sections 763.03 or 763.04 ships or transports his products or any part thereof out of the Town without making sale of such products, the value of the products in the condition or form in which they exist immediately before transportation out of the Town shall be the basis for the assessment of the tax imposed in such sections, except in those instances in which another measure of the tax is expressly provided. Council shall prescribe equitable and uniform rules for ascertaining such value.
(c) In determining value, however, as regards sales from one to another of affiliated companies or persons, or under other circumstances where the relation between the buyer and seller is such that the gross proceeds from the sale are not indicative of the true value of the subject matter of the sale, Council shall prescribe uniform and equitable rules for determining the value upon which such privilege tax is levied, corresponding as nearly as possible to the gross proceeds from the sale of similar products of like quality or character where no common interest exists between the buyer and seller but the circumstances and conditions are otherwise similar.
(e) A person exercising any privilege taxable under Sections 763.03 or 763.04 and engaging in the business of selling his natural resources or manufactured products at retail in this Town, shall be required to make returns of the gross proceeds of such retail sales and pay the tax imposed in Section 763.05 for the privilege of engaging in the business of selling such natural resources or manufactured products at retail in this Town. But any person exercising any privilege taxable under Section 763.03 or 763.04 and engaging in the business of selling his natural resources or manufactured products to producers of natural resources, manufacturers, wholesalers, jobbers, retailers or commercial consumers for use or consumption in the purchaser’s business shall not be required to pay the tax imposed in Section 763.05.
(f) (EDITOR’S NOTE: Former subsection (f) was repealed by an Ordinance passed February 3, 2022.)
(g) A person exercising privileges taxable under the other sections of this article, producing coal, oil, natural gas, minerals, timber or other natural resource products, the production of which is taxable under Section 763.03, and using or consuming the same in his business shall be deemed to be engaged in the business of mining and producing coal, oil, natural gas, minerals, timber or other natural resource products for sale, profit or commercial use, and shall be required to make returns on account of the production of the business showing the gross proceeds or equivalent in accordance with uniform and equitable rules for determining the value upon which such privilege tax is levied, corresponding as nearly as possible to the gross proceeds from the same or similar products of like quality or character by other taxpayers, which rules the Town Council shall prescribe.
(Passed 9-4-80.)