As used in this chapter, the following words shall have the meanings ascribed to them in this section, unless the context clearly indicates or requires a different meaning. In addition to the definitions provided in this section, the singular shall include the plural and the masculine shall include the feminine and the neuter.
ADMINISTRATOR or TAX ADMINISTRATOR. The individual designated by this chapter to administer and enforce the provisions of this chapter.
ASSOCIATION. A partnership, limited partnership or any other form of unincorporated enterprise, owned by two or more persons.
BUSINESS. An enterprise, activity, profession or undertaking of any nature conducted for profit or 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, real, personal or mixed.
CORPORATION. A corporation or joint stock association organized under the laws of the United States, the state or any other state, territory, foreign country or dependency. For purposes of taxation, a CORPORATION (C-corporation) is any corporation that is not an S-corporation (§ 1361(a)(2) of the Internal Revenue Code).
EMPLOYEE. One who works for a wage, salary, commission or other type 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.
GROSS RECEIPTS. The total income from any source whatsoever.
NET LOSS. The excess of ordinary and necessary expenses either paid or accrued in accordance with the accounting system used by the taxpayer for federal income tax purposes, and, in the case of an unincorporated entity, without deduction of salaries paid to partners or other owners, or for the taxes imposed by this chapter and federal and other taxes based on income, over the gross receipts adjusted for returns and allowances, trade discounts, sales taxes and excise taxes based on sales.
NET PROFITS. The net gain from the operation of a business, profession, enterprise or other activity after provision for all ordinary and necessary expenses either paid or accrued in accordance with the accounting system used by the taxpayer for federal income tax purposes, and, in the case of an unincorporated entity, without deduction of salaries paid to partners or to other owners, or of taxes imposed by this chapter and federal and other taxes based on income.
NONRESIDENT UNINCORPORATED BUSINESS ENTITY. An unincorporated business entity not having an office or place of business within the city.
PERSON. Every natural person, partnership, fiduciary, association or any corporation. Whenever used in any section, phrase or clause prescribing a violation and imposing a penalty, the term PERSON, as applied to any unincorporated entity, shall mean the owner, partners or members thereof; as applied to S-corporations, the stockholders thereof; and as applied to C-corporations, any of its officers, employees or trustees charged with the responsibility of filing returns and making payments to the city.
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 or her regular employees regularly in attendance.
RESIDENT. A person, whether an individual, partnership, association, corporation or other entity, domiciled in the city.
RESIDENT UNINCORPORATED BUSINESS ENTITY. An unincorporated business entity having an office or place of business within the city.
S-CORPORATION. A small business corporation which has made an election to be taxed as a pass-through entity similar to a partnership (§ 1361(a)(1) of the Internal Revenue Code). All rules and regulations, for tax purposes, pertaining to partnerships shall apply to S-CORPORATIONS.
TAXABLE INCOME. Salaries, wages, commissions or any other compensation paid by an employer before any deductions, and/or the net profits from the operation of a business, profession or other enterprise or activity, including the renting of property. The term OTHER COMPENSATION includes all forms of earned income, including, but not limited to, tips, tax shelter plans, gifts of any type for services rendered, vacation and holiday pay, wage continuation benefits, director’s fees, jury duty fees, stock options granted in connection with the performance of service and not designated as capital gains, property in lieu of cash, sick pay, bonuses, incentive payments in whatever form, company closing benefits, supplemental unemployment benefits, earnings designated as deferred compensation or compensation paid by an employer in whatever form for services rendered, employer paid premiums for group-term insurance in excess of $50,000, strike benefits, depreciation recapture, ordinary income shown on Federal Form 4797, and a resident partner’s or stockholder’s distributive share of a nonresident partnership’s or S-corporation’s net profits (whether received as wages paid or a draw from a drawing or capital account, and whether received or accrued). The term OTHER COMPENSATION shall also include income reported on federal tax returns as earned or derived from gaming, wagering, lotteries (including the Ohio or any other state lottery) or schemes of chance effective during the tax year in which such income from gaming, wagering, lotteries or schemes of chance is received.
TAXABLE YEAR. The calendar year or fiscal year ending during such calendar year, upon the basis of which the 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. Unless approved by the Tax Administrator of the city, the TAXABLE YEAR of an individual shall be a calendar year.
TAXPAYER. A person, whether an individual, partnership, association, corporation or other entity, required under this chapter to file a return or pay a tax.
(Prior Code, § 880A.02) (Ord. 92-11, passed 7-1-1991)