As used in this chapter the following words and phrases shall have the meanings ascribed to them as defined herein and within the rules and regulations for the administration of the municipal income tax, R9102, definitions, except as and if the context clearly indicates or requires a different meaning.
ADJUSTED FEDERAL TAXABLE INCOME.
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 Revised Code Section 5745.03 or to the net profit from a sole proprietorship.
ASSOCIATION.
A partnership, limited partnership, S corporation or any other form of unincorporated enterprise, owned by one or more persons.
BOARD OF REVIEW.
The Board created by and constituted as provided for in § 91.13.
BUSINESS.
An enterprise, activity, profession, or undertaking of any nature 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, whether real, personal, or mixed.
CORPORATION.
A corporation or joint stock association organized under the laws of the United States, the State of Ohio, or of any other state, territory, or foreign country or dependency.
EMPLOYEE.
One who works for wages, salary, commission, or other types of compensation in the service of an employer.
EMPLOYER.
An individual, partnership, association, corporation, governmental body, unit or agency, or any other entity, whether or not organized for profit, who or which employs one or more persons on a salary, wage, commission, or other compensation basis.
FISCAL YEAR.
An accounting period of 12 months or less ending on any day other than December 31.
FORM 2106.
Internal Revenue Service Form 2106 filed by a taxpayer pursuant to the Internal Revenue Code.
GENERIC FORM.
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.
GROSS RECEIPTS.
The total income of taxpayers from whatever source derived.
INCOME FROM A PASS-THROUGH ENTITY.
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.
INTANGIBLE INCOME.
Income of any of the following types: income yield, interest, 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 Chapter 5701 of the Ohio Revised Code.
INTERNAL REVENUE CODE.
means the Internal Revenue Code of 1986, 100 Stat. 2085, 26 U.S.C. 1, as amended.
INTERNET
. The international computer network of both federal and nonfederal interoperable packet switched data networks, including the graphical subnetwork known as the world wide web.
JOINT ECONOMIC DEVELOPMENT DISTRICT.
Districts created under the Ohio Revised Code Sections 715.70 through 715.83, as amended from time to time.
LIMITED LIABILITY COMPANY.
A limited liability company formed under Chapter 1705 of the Ohio Revised Code or under the laws of another state.
MUNICIPALITY.
The City of Forest Park, Ohio.
NET PROFIT.
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 division (F) of § 91.03, required to be reported on Schedule C, Schedule E, or Schedule F. Nonqualified deferred compensation plan. means a compensation plan described in Section 3121(v)(2)(C) of the Internal Revenue Code.
NONRESIDENT.
Any person not a resident as herein defined.
NONRESIDENT INCORPORATED BUSINESS ENTITY.
An incorporated business entity not having an office or place of business within the Municipality.
NONRESIDENT UNINCORPORATED BUSINESS ENTITY.
An unincorporated business entity not having an office or place of business within the Municipality.
OTHER PAYER.
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.
OWNER.
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.
OWNER'S PROPORTIONATE SHARE.
With respect to each owner of a pass-through entity, means the ratio of:
(1) The owner's income from the pass-through entity that is subject to taxation by the municipal corporation, to
(2) The total income from that entity of all owners whose income from the entity is subject to taxation by that municipal corporation.
OTHER COMPENSATION.
Shall include, but not be limited to payments made by an employer to an employee during periods of absence from work and are taxable when paid, and at the tax rate in effect at the time of payment, regardless of the fact that such payments may be labeled sick leave, sick pay, vacation pay, terminal pay, or supplemental unemployment pay. In addition,
OTHER COMPENSATION
shall include employer paid benefits, including insurance premiums, whose cost is included on the federal form W-2. Also as defined under R9103(A)(1)(b).
PASS-THROUGH ENTITY.
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.
PERSON.
Includes individuals, firms, companies, business trusts, estates, trusts, partnerships, limited liability companies, associations, corporations, governmental entities, and any other entity.
PLACE OF BUSINESS.
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 employees regularly in attendance.
QUALIFIED PLAN.
A retirement plan satisfying the requirements under Section 401 of the Internal Revenue Code as amended.
QUALIFYING WAGES.
Wages, as defined in Section 3121(a) of the Internal Revenue Code, without regard to any wage limitations, adjusted in accordance with Section 718.03(A) of the Ohio Revised Code.
RESIDENT.
Any person, whether an individual, association, corporation, or other entity living, conducting business, having a place of business, or otherwise reporting or registered as a resident or with a place of business within the city.
RESIDENT INCORPORATED BUSINESS ENTITY.
An incorporated business entity whose office, place of operations or business situs is within the Municipality.
RESIDENT UNINCORPORATED BUSINESS ENTITY.
An unincorporated business entity having an office or place of business within the Municipality.
RETURN PREPARER.
Any person other than the 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.
SCHEDULE C.
The Internal Revenue Service Schedule C filed by a taxpayer pursuant to the Internal Revenue Code.
SCHEDULE E.
Internal Revenue Service Schedule E filed by a taxpayer pursuant to the Internal Revenue Code.
SCHEDULE F.
Internal Revenue Service Schedule F filed by a taxpayer pursuant to the Internal Revenue Code.
S CORPORATION.
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.
TAX COMMISSIONER.
The individual designated by this chapter to administer, execute, and to enforce the provisions hereof.
TAXABLE INCOME.
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.
TAXABLE YEAR.
The calendar year or the fiscal year upon the basis of which net profits are to be computed under this chapter and, in the case of a return for a fractional part of a year, the period for which such return is required to be made.
TAXPAYER.
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 disregarded entity or qualifying subchapter S subsidiary.
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.
(Ord. 16-1974, passed 3-4-74; Am. Ord. 32-1980, passed 12-1-80; Am. Ord. 27-1983, passed 5-11-83; Am. Ord. 50-A-1984, passed 12-3-84; Am. Ord. 46-1985, passed 11-1885; Am. Ord. 30-1990, passed 10-15-90; Am. Ord. 13-1994, passed 5-2-94; Am. Ord. 011998, passed 2-2-98; Am. Ord. 23-2000, passed 12-18-00; Am. Ord. 01-2007, passed 1-16-07)