(A) Notwithstanding division (A) of section 35.013 of the city code, the city may levy a tax on income and a withholding tax if such taxes are levied in accordance with the provisions and limitations specified in this subchapter. On or after January 1, 2016, the ordinance or resolution levying such taxes, as adopted or amended by the Council of the city, shall include all of the following:
(1) A statement that the tax is an annual tax levied on the income of every person residing in or earning or receiving income in the city and that the tax shall be measured by municipal taxable income;
(2) A statement that the city is levying the tax in accordance with the limitations specified in this subchapter and that the resolution or ordinance thereby incorporates the provisions of this subchapter;
(3) The rate of the tax;
(4) Whether, and the extent to which, a credit, as described in division (D) of this section, will be allowed against the tax;
(5) The purpose or purposes of the tax; and
(6) Any other provision necessary for the administration of the tax, provided that the provision does not conflict with any provision of this subchapter.
(B) The city, on or before March 23, 2015, levied an income tax at a rate in excess of 1%, being 1.5%, and shall continue to levy the tax at that rate specified in the original ordinance or resolution, provided that such rate continues in effect as specified in the original ordinance or resolution.
(C) (1) The city shall not tax income at other than a uniform rate.
(2) (a) Except as provided in division (B) of this section, the city must obtain the approval of any new tax in excess over 1% by a majority of the electors of the municipality voting on the question at a general, primary, or special election. The Council of the city shall file with the Board of Elections at least 90 days before the day of the election a copy of the ordinance together with a resolution specifying the date the election is to be held and directing the Board of Elections to conduct the election. The ballot shall be in the following form:
“Shall the ordinance providing for a _____ percent levy on income for (Brief description of the purpose of the proposed levy) be passed?
FOR THE INCOME TAX
AGAINST THE INCOME TAX”
(b) In the event of an affirmative vote, the proceeds of the levy may be used only for the specified purpose.
(D) The city may, by ordinance or resolution, grant a credit to residents of the city for all or a portion of the taxes paid to any municipal corporation, in this state or elsewhere, by the resident or by a pass-through entity owned, directly or indirectly, by a resident, on the resident’s distributive or proportionate share of the income of the pass-through entity. The city is not required to refund taxes not paid to the city.
(E) Except as otherwise provided in this subchapter, the city that levies an income tax in effect for taxable years beginning before January 1, 2016, may continue to administer and enforce the provisions of such tax for all taxable years beginning before January 1, 2016, provided that the provisions of such tax are consistent with this subchapter as it existed prior to March 23, 2015.
(F) Nothing in this subchapter authorizes the city to levy a tax on income, or to administer or collect such a tax or penalties or interest related to such a tax, contrary to the provisions and limitations specified in this subchapter. The city shall not enforce an ordinance or resolution that conflicts with the provisions of this subchapter.
(G) (1) Division (G) of this section applies to a municipal corporation that, at the time of entering into a written agreement under division (G)(2) of this section, shares the same territory as a city, local, or exempted village school district, to the extent that not more than 30% of the territory of the municipal corporation is located outside the school district and a portion of the territory of the school district that is not located within the municipal corporation is located within another municipal corporation having a population of 400,000 or more according to the federal decennial census most recently completed before the agreement is entered into under division (G)(2) of this section.
(2) The Council of the city to which division (G) of this section applies may propose to the electors an income tax, one of the purposes of which shall be to provide financial assistance to the school district described in division (G)(1) of this section. Prior to proposing the tax, the Council shall negotiate and enter into a written agreement with the board of education of that school district specifying the tax rate; the percentage or amount of tax revenue to be paid to the school district or the method of establishing or determining that percentage or amount, which may be subject to change periodically; the purpose for which the school district will use the money; the first year the tax will be levied; the date of the election on the question of the tax; and the method and schedule by which, and the conditions under which, the municipal corporation will make payments to the school district. The tax shall otherwise comply with the provisions and limitations specified in this subchapter.
(Ord. 2018-02, passed 2-12-2018)