187.03 IMPOSITION OF TAX.

   The income tax levied by the City of Kent, Ohio is hereby imposed for the period from January 1, 2014 through December 31, 2038, at the rate of two and one-quarter percent (2.25%) per annum, and beginning January 1, 2039 and thereafter, at the rate of two percent (2%) per annum and is levied on the Municipal Taxable Income of every person residing in and/or earning and/or receiving income in the City of Kent, Ohio.

Individuals.

   (A)    For residents of the City of Kent, Ohio, the income tax levied herein shall be on all income, salaries, qualifying wages, commissions, and other compensation from whatever source earned or received by the resident, including the resident's distributive share of the net profit of pass-through entities owned directly or indirectly by the resident and any net profit of the resident. This is further detailed in the definition of income (Section 187.02(C)(16)).

   (B)    For nonresidents, all income, salaries, qualifying wages, commissions, and other compensation from whatever source earned or received by the nonresident for work done, services performed or rendered, or activities conducted in the municipal corporation, including any net profit of the nonresident, but excluding the nonresident's distributive share of the net profit or loss of only pass-through entities owned directly or indirectly by the nonresident.

   (C)    For residents and nonresidents, income can be reduced to "Municipal Taxable Income" as defined in Section 187.02(C)(21). Exemptions which may apply are specified in Section 187.02(C)(12).

Refundable credit for Nonqualified Deferred Compensation Plan.

   (D)   (1)    As used in this division:

         (a)    "Nonqualified deferred compensation plan" means a compensation plan described in Section 3121(v)(2)(C) of the Internal Revenue Code.

         (b)    "Qualifying loss" means the amount of compensation attributable to a taxpayer's nonqualified deferred compensation plan, less the receipt of money and property attributable to distributions from the nonqualified deferred compensation plan. Full loss is sustained if no distribution of money and property is made by the nonqualified deferred compensation plan. The taxpayer sustains a qualifying loss only in the taxable year in which the taxpayer receives the final distribution of money and property pursuant to that nonqualified deferred compensation plan.

          (c)   (i)    "Qualifying tax rate" means the applicable tax rate for the taxable year for the which the taxpayer paid income tax to the City of Kent, Ohio with respect to any portion of the total amount of compensation the payment of which is deferred pursuant to a nonqualified deferred compensation plan.

              (ii)    If different tax rates applied for different taxable years, then the "qualifying tax rate" is a weighted average of those different tax rates. The weighted average shall be based upon the tax paid to the City of Kent, Ohio each year with respect to the nonqualified deferred compensation plan.

         (d)    "Refundable credit" means the amount of the City of Kent, Ohio income tax that was paid on the non-distributed portion, if any, of a nonqualified deferred compensation plan.

      (2)    If, in addition to the City of Kent, Ohio, a taxpayer has paid tax to other municipal corporations with respect to the nonqualified deferred compensation plan, the amount of the credit that a taxpayer may claim from each municipal corporation shall be calculated on the basis of each municipal corporation's proportionate share of the total municipal corporation income tax paid by the taxpayer to all municipal corporations with respect to the nonqualified deferred compensation plan.

      (3)    In no case shall the amount of the credit allowed under this section exceed the cumulative income tax that a taxpayer has paid to the City of Kent, Ohio for all taxable years with respect to the nonqualified deferred compensation plan.

      (4)    The credit allowed under this division is allowed only to the extent the taxpayer's qualifying loss is attributable to:

         (a)    The insolvency or bankruptcy of the employer who had established the nonqualified deferred compensation plan; or

         (b)    The employee's failure or inability to satisfy all of the employer's terms and conditions necessary to receive the nonqualified deferred compensation.

Domicile.

   (E)   (1)   (a)    An individual is presumed to be domiciled in the City of Kent, Ohio for all or part of a taxable year if the individual was domiciled in the City of Kent, Ohio on the last day of the immediately preceding taxable year or if the Tax Administrator reasonably concludes that the individual is domiciled in the City of Kent, Ohio for all or part of the taxable year.

         (b)    An individual may rebut the presumption of domicile described in division (E)(1)(a) of this section if the individual establishes by a preponderance of the evidence that the individual was not domiciled in the City of Kent, Ohio for all or part of the taxable year.

      (2)    For the purpose of determining whether an individual is domiciled in the City of Kent, Ohio for all or part of a taxable year, factors that may be considered include, but are not limited to, the following:

         (a)    The individual's domicile in other taxable years;

         (b)    The location at which the individual is registered to vote;

         (c)    The address on the individual's driver's license;

         (d)    The location of real estate for which the individual claimed a property tax exemption or reduction allowed on the basis of the individual's residence or domicile;

         (e)    The location and value of abodes owned or leased by the individual;

         (f)    Declarations, written or oral, made by the individual regarding the individual's residency;

         (g)    The primary location at which the individual is employed.

         (h)    The location of educational institutions attended by the individual's dependents as defined in Section 152 of the Internal Revenue Code, to the extent that tuition paid to such educational institution is based on the residency of the individual or the individual's spouse in the municipal corporation where the educational institution is located;

         (i)    The number of contact periods the individual has with the City of Kent, Ohio. For the purposes of this division, an individual has one "contact period" with the City of Kent, Ohio if the individual is away overnight from the individual's abode located outside of the City of Kent, Ohio and while away overnight from that abode spends at least some portion, however minimal, of each of two (2) consecutive days in the City of Kent, Ohio.

      (3)    All additional applicable factors are provided in the Rules and Regulations.

Businesses.

   (F)    This division applies to any taxpayer engaged in a business or profession in the City of Kent, Ohio, unless the taxpayer is an individual who resides in the City of Kent, Ohio or the taxpayer is an electric company, combined company, or telephone company that is subject to and required to file reports under Chapter 5745 of the ORC.

           (1)    Except as otherwise provided in division (F)(2) and (G) of this section, net profit from a business or profession conducted both within and without the boundaries of the City of Kent, Ohio shall be considered as having a taxable situs in the City of Kent, Ohio for purposes of municipal income taxation in the same proportion as the average ratio of the following:

         (a)    The average original cost of the real property and tangible personal property owned or used by the taxpayer in the business or profession in the City of Kent, Ohio during the taxable period to the average original cost of all of the real and tangible personal property owned or used by the taxpayer in the business or profession during the same period, wherever situated.

As used in the preceding paragraph, tangible personal or real property shall include property rented or leased by the taxpayer and the value of such property shall be determined by multiplying the annual rental thereon by eight (8);

         (b)    Wages, salaries, and other compensation paid during the taxable period to individuals employed in the business or profession for services performed in the City of Kent, Ohio to wages, salaries, and other compensation paid during the same period to individuals employed in the business or profession, wherever the individual's services are performed, excluding compensation from which taxes are not required to be withheld under Section 187.04 (C);

          (c)    Total gross receipts of the business or profession from sales and rentals made and services performed during the taxable period in the City of Kent, Ohio to total gross receipts of the business or profession during the same period from sales, rentals, and services, wherever made or performed.

      (2)   (a)    If the apportionment factors described in division (F)(1) of this section do not fairly represent the extent of a taxpayer's business activity in the City of Kent, Ohio, the taxpayer may request, or the Tax Administrator of the City of Kent, Ohio may require, that the taxpayer use, with respect to all or any portion of the income of the taxpayer, an alternative apportionment method involving one or more of the following:

            (i)    Separate accounting;

            (ii)    The exclusion of one or more of the factors;

            (iii)    The inclusion of one or more additional factors that would provide for a more fair apportionment of the income of the taxpayer to the municipal corporation;

            (iv)    A modification of one or more of the factors.

                  (b)    A taxpayer request to use an alternative apportionment method shall be in writing and shall accompany a tax return, timely filed appeal of an assessment, or timely filed amended tax return. The taxpayer may use the requested alternative method unless the Tax Administrator denies the request in an assessment issued within the period prescribed by Section 187.12 (A).

                  (c)    The Tax Administrator may require a taxpayer to use an alternative apportionment method as described in division (F)(2)(a) of this section, but only by issuing an assessment to the taxpayer within the period prescribed by Section 187.12 (A).

         (d)    Nothing in division (F)(2) of this section nullifies or otherwise affects any alternative apportionment arrangement approved by the Tax Administrator or otherwise agreed upon by both the Tax Administrator and taxpayer before January 1, 2016.

      (3)    As used in division (F)(1)(b) of this section, "wages, salaries, and other compensation" includes only wages, salaries, or other compensation paid to an employee for services performed at any of the following locations:

         (a)    A location that is owned, controlled, or used by, rented to, or under the possession of one of the following:

            (i)    The employer;

            (ii)    A vendor, customer, client, or patient of the employer, or a related member of such a vendor, customer, client, or patient;

            (iii)    A vendor, customer, client, or patient of a person described in (F)(3)(a)(ii) of this section, or a related member of such a vendor, customer, client, or patient.

                  (b)    Any location at which a trial, appeal, hearing, investigation, inquiry, review, court-martial, or similar administrative, judicial, or legislative matter or proceeding is being conducted, provided that the compensation is paid for services performed for, or on behalf of, the employer or that the employee's presence at the location directly or indirectly benefits the employer;

         (c)    Any other location, if the Tax Administrator determines that the employer directed the employee to perform the services at the other location in lieu of a location described in division (F)(3)(a) or (b) of this section solely in order to avoid or reduce the employer's municipal income tax liability. If the Tax Administrator makes such a determination, the employer may dispute the determination by establishing, by a preponderance of the evidence, that the Tax Administrator's determination was unreasonable.

        (4)    For the purposes of division (F)(1)(c) of this section, and except as provided in division (G) of this section, receipts from sales and rentals made and services performed shall be sitused to a municipal corporation as follows:

         (a)    Gross receipts from the sale of tangible personal property shall be sitused to the municipal corporation only if, regardless of where title passes, the property meets either of the following criteria:

            (i)    The property is shipped to or delivered within the City of Kent, Ohio from a stock of goods located within the City of Kent, Ohio.

            (ii)    The property is delivered within the City of Kent, Ohio from a location outside the City of Kent, Ohio, provided the taxpayer is regularly engaged through its own employees in the solicitation or promotion of sales within the City of Kent, Ohio and the sales result from such solicitation or promotion.

         (b)    Gross receipts from the sale of services shall be sitused to the City of Kent, Ohio to the extent that such services are performed in the City of Kent, Ohio.

         (c)    To the extent included in income, gross receipts from the sale of real property located in the City of Kent, Ohio shall be sitused to the City of Kent, Ohio.

         (d)    To the extent included in income, gross receipts from rents and royalties from real property located in the City of Kent, Ohio shall be sitused to the City of Kent, Ohio.

         (e)    Gross receipts from rents and royalties from tangible personal property shall be sitused to the City of Kent, Ohio based upon the extent to which the tangible personal property is used in the City of Kent, Ohio.

      (5)    The net profit received by an individual taxpayer from the rental of real estate owned directly by the individual, or by a disregarded entity owned by the individual, shall be subject to the City of Kent, Ohio's tax only if the property generating the net profit is located in the City of Kent, Ohio or if the individual taxpayer that receives the net profit is a resident of the City of Kent, Ohio. The City of Kent, Ohio shall allow such taxpayers to elect to use separate accounting for the purpose of calculating net profit sitused under this division to the municipal corporation in which the property is located.

       (6)   (a)    Commissions received by a real estate agent or broker relating to the sale, purchase, or lease of real estate shall be sitused to the municipal corporation in which the real estate is located. Net profit reported by the real estate agent or broker shall be allocated to the City of Kent, Ohio, if applicable, based upon the ratio of the commissions the agent or broker received from the sale, purchase, or lease of real estate located in the City of Kent, Ohio to the commissions received from the sale, purchase, or lease of real estate everywhere in the taxable year.

                  (b)   An individual who is a resident of the City of Kent, Ohio shall report the individual's net profit from all real estate activity on the individual's annual tax return for the City of Kent, Ohio. The individual may claim a credit for taxes the individual paid on such net profit to another municipal corporation to the extent that such a credit is allowed under the City of Kent, Ohio's income tax ordinance.

      (7)    When calculating the ratios described in division (F)(1) of this section for the purposes of that division or division (F)(2) of this section, the owner of a disregarded entity shall include in the owner's ratios the property, payroll, and gross receipts of such disregarded entity.

      (8)    Intentionally left blank.

      (9)    Intentionally left blank.

   (G)   (1)    As used in this section:

         (a)    "Qualifying remote employee or owner" means an individual who is an employee of a taxpayer or who is a partner or member holding an ownership interest in a taxpayer that is treated as a partnership for federal income tax purposes, provided that the individual meets both of the following criteria:

            (i)   The taxpayer has assigned the individual to a qualifying reporting location.

            (ii)   The individual is permitted or required to perform services for the taxpayer at a qualifying remote work location.

         (b)    "Qualifying remote work location" means a permanent or temporary location at which an employee or owner chooses or is required to perform services for the taxpayer, other than a reporting location of the taxpayer or any other location owned or controlled by a customer or client of the taxpayer. "Qualifying remote work location" may include the residence of an employee or owner and may be located outside of the City of Kent or a municipal corporation that imposes an income tax in accordance with this chapter. An employee or owner may have more than one qualifying remote work location during a taxable year.

         (c)    "Reporting location" means either of the following:

            (i)   A permanent or temporary place of doing business, such as an office, warehouse, storefront, construction site, or similar location, that is owned or controlled directly or indirectly by the taxpayer;

            (ii)    Any location in this state owned or controlled by a customer or client of the taxpayer, provided that the taxpayer is required to withhold taxes under Section 187.05 on qualifying wages paid to an employee for the performance of personal services at that location.

         (d)    " Qualifying reporting location" means one of the following:

            (i)   The reporting location in this state at which an employee or owner performs services for the taxpayer on a regular or periodic basis during the taxable year;

            (ii)   If no reporting location exists in this state for an employee or owner under division (C)(i)(d)(1) of this section, the reporting location in this state at which the employee's or owner's supervisor regularly or periodically reports during the taxable year;

            (iii)   If no reporting location exists in this state for an employee or owner under division (C)(i)(d)(1) or (2) of this section, the location that the taxpayer otherwise assigns as the employee's or owner's qualifying reporting location, provided the assignment is made in good faith and is recorded and maintained in the taxpayer's business records. A taxpayer may change the qualifying reporting location designed for an employee or owner under this division at any time.

      (2)    A taxpayer may elect to apply the provisions of this section to the apportionment of its net profit from a business or profession. For taxpayers that make this election, the provisions of division (F) of this section apply to such apportionment except as otherwise provided in this division.

A taxpayer shall make the election allowed under this section in writing on or with the taxpayer's net profit return or, if applicable, a timely filed amended net profit return or a timely filed appeal of an assessment. The election applies to the taxable year for which that return, or appeal is filed and for all subsequent taxable years, until the taxpayer revokes the election. The taxpayer shall make the initial election with the tax administrator of each municipal corporation with which, after applying the apportionment provisions authorized in this section, the taxpayer is required to file a net profit tax return for that taxable year.

A taxpayer shall not be required to notify the tax administrator of a municipal corporation in which a qualifying unless the taxpayer is otherwise required to file a net profit return with that municipal corporation due to business operations that are unrelated to the employee's or owner's activity at the qualifying remote work location.

         After the taxpayer makes the initial election, the election applies to every municipal corporation in which the taxpayer conducts business. The taxpayer shall not be required to file a net profit return with a municipal corporation solely because a qualifying remote employee's or owner's qualifying remote work location is located in such municipal corporation.

Nothing in this section prohibits a taxpayer from making a new election under this section after properly revoking a prior election.

      (3)    For the purpose of calculating the ratios in division (F)(1) of this section, all of the following apply to a taxpayer that has made the election described in division (G)(2):

          (a)    For the purpose of division (F)(1)(a) of this section, the average original cost of any tangible personal property used by a qualify remote employee or owner at that individual's qualifying remote work location shall be sitused to that individual's qualifying reporting location.

         (b)    For the purpose of division (F)(1)(b), any wages, salaries, and other compensation paid during the taxable period to a qualifying remote employee or owner for services performed at that individual's qualifying remote work location shall be sitused to that individual's qualifying reporting location.

         (c)    For the purpose of division (B)(1)(c) and notwithstanding Section 187.06(B)(4), any gross receipts of the business or profession from services performed during the taxable period by qualifying remote employee or owner for services performed at that individual's qualifying remote work location shall be sitused to the individual's qualifying reporting location.

      (4)    Nothing in this section prevents a taxpayer from requesting, or a tax administrator from requiring, that the taxpayer use, with respect to all or a portion of the income of the taxpayer, an alternative apportionment method as described in division (F)(2). However, a tax administrator shall not require an alternative apportionment method in such a manner that it would require a taxpayer to file a net profit return with the municipal corporation solely because a qualifying remote employee's or owner's qualifying remote work location is located in the municipal corporation.

         (i)   Except as otherwise provided in this section, nothing in this section is intended to affect the withholding of taxes on qualifying wages pursuant to Section 187.04.

            (Ord. 2018-77. Passed 7-18-18; Ord. 2023-084. Passed 11-15-23.)

187.04 COLLECTION AT SOURCE.

Withholding provisions.

   (A)    Each employer, agent of an employer, or other payer located or doing business in the City of Kent, Ohio shall withhold an income tax from the qualifying wages earned and/or received by each employee in the City of Kent, Ohio. Except for qualifying wages for which withholding is not required under Section 187.03 or division (B)(4) or (6) of this section, the tax shall be withheld at the rate, specified in Section 187.03 of this chapter, for the period from January 1, 2016 through December 31, 2038, at the rate of two and one-quarter percent (2.25%) per annum, and beginning January 1, 2039 and thereafter, at the rate of two percent (2%) per annum. An employer, agent of an employer, or other payer shall deduct and withhold the tax from qualifying wages on the date that the employer, agent, or other payer directly, indirectly, or constructively pays the qualifying wages to, or credits the qualifying wages to the benefit of, the employee.

   (B)   (1)    Except as provided in division (B)(2) of this section, an employer, agent of an employer, or other payer shall remit to the Tax Administrator of the City of Kent, Ohio the greater of the income taxes deducted and withheld or the income taxes required to be deducted and withheld by the employer, agent, or other payer according to the following schedule:

         (a)    Taxes required to be deducted and withheld shall be remitted monthly to the Tax Administrator if the total taxes deducted and withheld or required to be deducted and withheld by the employer, agent, or other payer on behalf of the City of Kent, Ohio in the preceding calendar year exceeded two thousand three hundred ninety nine dollars ($2,399.00), or if the total amount of taxes deducted and withheld or required to be deducted and withheld on behalf of the City of Kent, Ohio in any month of the preceding calendar quarter exceeded two hundred dollars ($200.00).

Payment under division (B)(1)(a) of this section shall be made so that the payment is received by the Tax Administrator not later than fifteen (15) days after the last day of each month for which the tax was withheld.

         (b)    Any employer, agent of an employer, or other payer not required to make payments under division (B)(1)(a) of this section of taxes required to be deducted and withheld shall make quarterly payments to the Tax Administrator not later than the fifteenth (15th) day of the month following the end of each calendar quarter.

                  (c)    Intentionally left blank.

      (2)    If the employer, agent of an employer, or other payer is required to make payments electronically for the purpose of paying federal taxes withheld on payments to employees under Section 6302 of the Internal Revenue Code, 26 C.F.R. 31.6302-1, or any other federal statute or regulation, the payment shall be made by electronic funds transfer to the Tax Administrator of all taxes deducted and withheld on behalf of the City of Kent, Ohio. The payment of tax by electronic funds transfer under this division does not affect an employer's, agents or other payer's obligation to file any return as required under this section.

          (3)    An employer, agent of an employer, or other payer shall make and file a return showing the amount of tax withheld by the employer, agent, or other payer from the qualifying wages of each employee and remitted to the Tax Administrator. A return filed by an employer, agent, or other payer under this division shall be accepted by Tax Administrator and the City of Kent, Ohio as the return required of an non-resident employee whose sole income subject to the tax under this chapter is the qualifying wages reported by the employee's employer, agent of an employer, or other payer.

      (4)    An employer, agent of an employer, or other payer is not required to withhold the City of Kent, Ohio income tax with respect to an individual's disqualifying disposition of an incentive stock option if, at the time of the disqualifying disposition, the individual is not an employee of either the corporation with respect to whose stock the option has been issued or of such corporation's successor entity.

      (5)   (a)    An employee is not relieved from liability for a tax by the failure of the employer, agent of an employer, or other payer to withhold the tax as required under this chapter or by the employer's, agent's, or other payer's exemption from the requirement to withhold the tax.

          (b)    The failure of an employer, agent of an employer, or other payer to remit to the City of Kent, Ohio the tax withheld relieves the employee from liability for that tax unless the employee colluded with the employer, agent, or other payer in connection with the failure to remit the tax withheld.

       (6)    Compensation deferred before June 26, 2003, is not subject to the City of Kent, Ohio income tax or income tax withholding requirement to the extent the deferred compensation does not constitute qualifying wages at the time the deferred compensation is paid or distributed.

      (7)    Each employer, agent of an employer, or other payer required to withhold taxes is liable for the payment of that amount required to be withheld, whether or not such taxes have been withheld, and such amount shall be deemed to be held in trust for the City of Kent, Ohio until such time as the withheld amount is remitted to the Tax Administrator.

      (8)    On or before the last day of February of each year, an employer shall file a withholding reconciliation return with the Tax Administrator listing:

          (a)    The names, addresses, and social security numbers of all employees from whose qualifying wages tax was withheld or should have been withheld for the City of Kent, Ohio during the preceding calendar year;

         (b)    The amount of tax withheld, if any, from each such employee, the total amount of qualifying wages paid to such employee during the preceding calendar year,;

         (c)    The name of every other municipal corporation for which tax was withheld or should have been withheld from such employee during the preceding calendar yea;

         (d)    Any other information required for federal income tax reporting purposes on Internal Revenue Service form W-2 or its equivalent form with respect to such employee;

         (e)    Other information as may be required by the Tax Administrator.

      (9)    The officer or the employee of the employer, agent of an employer, or other payer with control or direct supervision of or charged with the responsibility for withholding the tax or filing the reports and making payments as required by this section, shall be personally liable for a failure to file a report or pay the tax due as required by this section. The dissolution of an employer, agent of an employer, or other payer does not discharge the officer's or employee's liability for a failure of the employer, agent of an employer, or other payer to file returns or pay any tax due.

      (10)    An employer is required to deduct and withhold the City of Kent, Ohio income tax on tips and gratuities received by the employer's employees and constituting qualifying wages, but only to the extent that the tips and gratuities are under the employer's control. For the purposes of this division, a tip or gratuity is under the employer's control if the tip or gratuity is paid by the customer to the employer for subsequent remittance to the employee, or if the customer pays the tip or gratuity by credit card, debit card, or other electronic means.

      (11)    The Tax Administrator shall consider any tax withheld by an employer at the request of an employee, when such tax is not otherwise required to be withheld by this chapter to be tax required to be withheld and remitted for the purposes of this section

Occasional Entrant - Withholding.

   (C)   (1)    As used in this division:

                  (a)    "Employer" includes a person that is a related member to or of an employer.

         (b)    "Fixed location" means a permanent place of doing business in this state, such as an office, warehouse, storefront, or similar location owned or controlled by an employer.

         (c)    "Principal place of work" means the fixed location to which an employee is required to report for employment duties on a regular and ordinary basis. If the employee is not required to report for employment duties on a regular and ordinary basis to a fixed location, "principal place of work" means the worksite location in this state to which the employee is required to report for employment duties on a regular and ordinary basis. If the employee is not required to report for employment duties on a regular and ordinary basis to a fixed location or worksite location, "principal place of work" means the location in this state at which the employee spends the greatest number of days in a calendar year performing services for or on behalf of the employee's employer.

If there is not a single municipal corporation in which the employee spent the "greatest number of days in a calendar year" performing services for or on behalf of the employer, but instead there are two (2) or more municipal corporations in which the employee spent an identical number of days that is greater than the number of days the employee spent in any other municipal corporation, the employer shall allocate any of the employee's qualifying wages subject to division (C)(2)(a)(i) of this section among those two (2) or more municipal corporations. The allocation shall be made using any fair and reasonable method, including, but not limited to, an equal allocation among such municipal corporations or an allocation based upon the time spent or sales made by the employee in each such municipal corporation. A municipal corporation to which qualifying wages are allocated under this division shall be the employee's "principal place of work" with respect to those qualifying wages for the purposes of this section.

For the purposes of this division, the location at which an employee spends a particular day shall be determined in accordance with division (C)(2)(b) of this section, except that "location" shall be substituted for "municipal corporation" wherever "municipal corporation" appears in that division.

         (d)    "Professional athlete" means an athlete who performs services in a professional athletic event for wages or other remuneration.

         (e)    "Professional entertainer" means a person who performs services in the professional performing arts for wages or other remuneration on a per-event basis.

         (f)    "Public figure" means a person of prominence who performs services at discrete events, such as speeches, public appearances, or similar events, for wages or other remuneration on a per-event basis.

          (g)    "Worksite location" means a construction site or other temporary worksite in this state at which the employer provides services for more than twenty (20) days during the calendar year. "Worksite location" does not include the home of an employee.

        (2)   (a)    Subject to divisions (C)(3), (5), (6), and (7) of this section, an employer is not required to withhold the City of Kent, Ohio income tax on qualifying wages paid to an employee for the performance of personal services in the City of Kent, Ohio if the employee performed such services in the City of Kent, Ohio on twenty (20) or fewer days in a calendar year, unless one of the following conditions applies:

            (i)    The employee's principal place of work is located in the City of Kent, Ohio.

            (ii)    The employee performed services at one or more presumed worksite locations in the City of Kent, Ohio. For the purposes of this division, "presumed worksite location" means a construction site or other temporary worksite in the City of Kent, Ohio at which the employer provides or provided services that can reasonably be, or would have been, expected by the employer to last more than twenty (20) days in a calendar year. Services can "reasonably be expected by the employer to last more than twenty (20) days" if either of the following applies at the time the services commence:

                (a)    The nature of the services are such that it will require more than twenty (20) days of the services to complete the services;

               (b)    The agreement between the employer and its customer to perform services at a location requires the employer to perform the services at the location for more than twenty (20) days.

            (iii)    The employee is a resident of the City of Kent, Ohio and has requested that the employer withhold tax from the employee's qualifying wages as provided in Section 187.04 .

            (iv)    The employee is a professional athlete, professional entertainer, or public figure, and the qualifying wages are paid for the performance of services in the employee's capacity as a professional athlete, professional entertainer, or public figure.

         (b)    For the purposes of division (C)(2)(a) of this section, an employee shall be considered to have spent a day performing services in the City of Kent, Ohio only if the employee spent more time performing services for or on behalf of the employer in the City of Kent, Ohio than in any other municipal corporation on that day. For the purposes of determining the amount of time an employee spent in a particular location, the time spent performing one or more of the following activities shall be considered to have been spent at the employee's principal place of work:

            (i)    Traveling to the location at which the employee will first perform services for the employer for the day;

            (ii)    Traveling from a location at which the employee was performing services for the employer to any other location;

            (iii)    Traveling from any location to another location in order to pick up or load, for the purpose of transportation or delivery, property that has been purchased, sold, assembled, fabricated, repaired, refurbished, processed, remanufactured, or improved by the employee's employer;

            (iv)    Transporting or delivering property described in division (C)(2)(b)(iii) of this section, provided that, upon delivery of the property, the employee does not temporarily or permanently affix the property to real estate owned, used, or controlled by a person other than the employee's employer;

            (v)    Traveling from the location at which the employee makes the employee's final delivery or pick-up for the day to either the employee's principal place of work or a location at which the employee will not perform services for the employer.

      (3)    If the principal place of work of an employee is located in another Ohio municipal corporation that imposes an income tax, the exception from withholding requirements described in division (C)(2)(a) of this section shall apply only if, with respect to the employee's qualifying wages described in that division, the employer withholds and remits tax on such qualifying wages to that municipal corporation.

      (4)   (a)    Except as provided in division (C)(4)(b) of this section, if, during a calendar year, the number of days an employee spends performing personal services in the City of Kent, Ohio exceeds the twenty (20) day threshold, the employer shall withhold and remit tax to the City of Kent, Ohio for any subsequent days in that calendar year on which the employer pays qualifying wages to the employee for personal services performed in the City of Kent, Ohio.

          (b)    An employer required to begin withholding tax for the City of Kent, Ohio under division (C)(4)(a) of this section may elect to withhold tax for the City of Kent, Ohio for the first twenty (20) days on which the employer paid qualifying wages to the employee for personal services performed in the City of Kent, Ohio.

      (5)    If an employer's fixed location is the City of Kent, Ohio and the employer qualifies as a small employer as defined in Section 187.02 , the employer shall withhold municipal income tax on all of the employee's qualifying wages for a taxable year and remit that tax only to the City of Kent, Ohio, regardless of the number of days which the employee worked outside the corporate boundaries of the City of Kent, Ohio.

To determine whether an employer qualifies as a small employer for a taxable year, the employer will be required to provide the Tax Administrator with the employer's federal income tax return for the preceding taxable year.

       (6)    Divisions (C)(2)(a) and (4) of this section shall not apply to the extent that a Tax Administrator and an employer enter into an agreement regarding the manner in which the employer shall comply with the requirements of Section 187.04 . (Ord. 2015-150. Passed 11-18-15.)

187.05 ANNUAL RETURN; FILING.

   (A)    An annual City of Kent income tax return shall be completed and filed by every taxpayer for each taxable year for which the taxpayer is subject to the tax, whether or not a tax is due thereon.

      (1)    The Tax Administrator may accept on behalf of all nonresident individual taxpayers a return filed by an employer, agent of an employer, or other payer under Section 187.04 of this Chapter when the nonresident individual taxpayer's sole income subject to the tax is the qualifying wages reported by the employer, agent of an employer, or other payer, and no additional tax is due the City of Kent, Ohio.

      (2)    Retirees having no Municipal Taxable Income for the City of Kent, Ohio income tax purposes may file with the Tax Administrator a written exemption from these filing requirements on a form prescribed by the Tax Administrator. The written exemption shall indicate the date of retirement and the entity from which retired. The exemption shall be in effect until such time as the retiree receives Municipal Taxable Income taxable to the City of Kent, Ohio, at which time the retiree shall be required to comply with all applicable provisions of this chapter.

   (B)    If an individual is deceased, any return or notice required of that individual shall be completed and filed by that decedent's executor, administrator, or other person charged with the property of that decedent.

   (C)    If an individual is unable to complete and file a return or notice required by the City of Kent, Ohio, the return or notice required of that individual shall be completed and filed by the individual's duly authorized agent, guardian, conservator, fiduciary, or other person charged with the care of the person or property of that individual.

   (D)    Returns or notices required of an estate or a trust shall be completed and filed by the fiduciary of the estate or trust.

   (E)    The City of Kent, Ohio shall permit spouses to file a joint return.

   (F)   (1)    Each return required to be filed under this division shall contain the signature of the taxpayer or the taxpayer's duly authorized agent and of the person who prepared the return for the taxpayer. The return shall include the taxpayer's social security number or taxpayer identification number. Each return shall be verified by a declaration under penalty of perjury.

       (2)    The Tax Administrator shall require a taxpayer who is an individual to include, with each annual return, and amended return, copies of the following documents: all of the taxpayer's Internal Revenue Service form W-2, "Wage and Tax Statements," including all information reported on the taxpayer's federal W-2, as well as taxable wages reported or withheld for any municipal corporation; the taxpayer's Internal Revenue Service form 1040 or, in the case of a return or request required by a qualified municipal corporation, Ohio form IT-1040; and, with respect to an amended tax return, any other documentation necessary to support the adjustments made in the amended return. An individual taxpayer who files the annual return required by this section electronically is not required to provide paper copies of any of the foregoing to the Tax Administrator unless the Tax Administrator requests such copies after the return has been filed.

             (3)    The Tax Administrator may require a taxpayer that is not an individual to include, with each annual net profit return, amended net profit return, or request for refund required under this section, copies of only the following documents: the taxpayer's Internal Revenue Service form 1041, form 1065, form 1120, form 1120-REIT, form 1120F, or form 1120S, and, with respect to an amended tax return or refund request, any other documentation necessary to support the refund request or the adjustments made in the amended return.

A taxpayer that is not an individual and that files an annual net profit return electronically through the Ohio Business Gateway or in some other manner shall either mail the documents required under this division to the Tax Administrator at the time of filing or, if electronic submission is available, submit the documents electronically through the Ohio Business Gateway.

      (4)    After a taxpayer files a tax return, the Tax Administrator may request, and the taxpayer shall provide, any information, statements, or documents required by the City of Kent, Ohio to determine and verify the taxpayer's municipal income tax liability. The requirements imposed under division (F) of this section apply regardless of whether the taxpayer files on a generic form or on a form prescribed by the Tax Administrator.

   (G)   (1)   (a)   Except as otherwise provided in this chapter, each individual income tax return required to be filed under this section shall be completed and filed as required by the Tax Administrator on or before the date prescribed for the filing of state individual income tax returns under division (G) of Section 5747.08 of the ORC. The taxpayer shall complete and file the return or notice on forms prescribed by the Tax Administrator or on generic forms, together with remittance made payable to the City of Kent, Ohio. No remittance is required if the net amount due is ten dollars ($10.00) or less.

         (b)    Except as otherwise provided in this chapter, each annual net profit return required to be filed under this section by a taxpayer that is not an individual shall be completed and filed as required by the Tax Administrator on or before the fifteenth (15th) day of the fourth (4th) month following the end of the taxpayer's taxable year. The taxpayer shall complete and file the return or notice on forms prescribed by the Tax Administrator or on generic forms, together with remittance made payable to the City of Kent, Ohio. No remittance is required if the net amount due is ten dollars ($10.00) or less.

       (2)    Any taxpayer that has duly requested an automatic six (6) month extension for filing the taxpayer's federal income tax return shall automatically receive an extension for the filing of the City of Kent, Ohio's income tax return. The extended due date of the City of Kent, Ohio's income tax return shall be the fifteenth (15th) day of the tenth (10th) month after the last day of the taxable year to which the return relates. For tax years ending on or after January 1, 2023, the extended due date of the City of Kent, Ohio's income tax return for a taxpayer that is not an individual shall be the 15th day of the eleventh month after the last day of the taxable year to which the return relates. An extension of time to file under this division is not an extension of the time to pay any tax due unless the Tax Administrator grants an extension of that date.

         (a)    A copy of the federal extension request shall be included with the filing of the City of Kent, Ohio's income tax return.

         (b)    A taxpayer that has not requested or received a six (6) month extension for filing the taxpayer's federal income tax return may submit a written request that the Tax Administrator grant the taxpayer a six (6) month extension of the date for filing the taxpayer's City of Kent, Ohio income tax return. If the request is received by the Tax Administrator on or before the date the City of Kent, Ohio income tax return is due, the Tax Administrator shall grant the taxpayer's requested extension.

      (3)    If the tax commissioner extends for all taxpayers the date for filing state income tax returns under division (G) of Section 5747.08 of the ORC, a taxpayer shall automatically receive an extension for the filing of the City of Kent, Ohio's income tax return. The extended due date of the City of Kent, Ohio's income tax return shall be the same as the extended due date of the state income tax return.

      (4)    If the Tax Administrator considers it necessary in order to ensure the payment of the tax imposed by the City of Kent, Ohio, the Tax Administrator may require taxpayers to file returns and make payments otherwise than as provided in this division, including taxpayers not otherwise required to file annual returns.

      (5)   If a taxpayer receives an extension for the filing of a municipal income tax return under division (G)(2), (3), or (4) of this section, the tax administrator shall not make any inquiry or send any notice to the taxpayer with regard to the return on or before the date the taxpayer files the return or on or before the extended due date to file the return, whichever occurs first.

If a tax administrator violates division (G)(5) of this section, the municipal corporation shall reimburse the taxpayer for any reasonable costs incurred to respond to such inquiry or notice, up to one hundred fifty dollars ($150.00).

         Division (G)(5) of this section does not apply to an extension received under division (G)(2) of this section if the tax administrator has actual knowledge that the taxpayer failed to file for a federal extension as required to receive the extension under division (G)(2) of this section or failed to file for an extension under division (G)(2)(b) of this section.

      (6)    To the extent that any provision in this division (G) of this section conflicts with any provision in divisions (N), (O), (P), or (Q) of this section, the provisions in divisions (N), (O), (P), or (Q) prevail.

   (H)   (1)    For taxable years beginning after 2015, the City of Kent, Ohio shall not require a taxpayer to remit tax with respect to net profits if the net amount due is ten dollars ($10.00) or less.

       (2)    Any taxpayer not required to remit tax to the City of Kent, Ohio for a taxable year pursuant to division (H)(1) of this section shall file with the City of Kent, Ohio an annual net profit return under division (F)(3) of this section, unless the provisions of division (H)(3) apply.

      (3)    (a)   A person may notify the Tax Administrator that the person does not expect to be a taxpayer subject to the City of Kent, Ohio income tax ordinance for a taxable year if both the following apply:

            (i)   The person was required to file a tax return with the City of Kent, Ohio for the immediately preceding taxable year because the person performed services at a worksite location (as defined in Section 137.04 (C)(1)(g)) within the City of Kent, Ohio.

            (ii)   The person no longer provides services in the City of Kent, Ohio and does not expect to be subject to the City of Kent, Ohio income tax for the taxable year.

          (b)   The person shall provide the notice in a signed affidavit that briefly explains the person's circumstances, including the location of the previous worksite location and the last date on which the person performed services or made any sales within the City of Kent, Ohio. The affidavit shall also include the following statement: "The affiant has no plans to perform any services within the City of Kent, Ohio, make any sales in the City of Kent, Ohio, or otherwise become subject to the tax levied by the City of Kent, Ohio during the taxable year. If the affiant does become subject to the tax levied by the City of Kent, Ohio for the taxable year, the affiant agrees to be considered a taxpayer and to properly comply as a taxpayer with the City of Kent, Ohio income tax ordinance and rules and regulations." The person shall sign the affidavit under penalty of perjury.

         (c)   If a person submits an affidavit described in division (H)(3)(b) the Tax Administrator shall not require the person to file and tax return for the taxable year unless the Tax Administrator possesses information that conflicts with the affidavit or if the circumstances described in the affidavit change.

         (d)   Nothing in division (H)(3) of this section prohibits the Tax Administrator from performing an audit of the person.

   (I)   If a payment under this chapter is made by electronic funds transfer, the payment shall be considered to be made on the date of the timestamp assigned by the first electronic system receiving that payment.

   (J)    Taxes withheld for the City of Kent, Ohio by an employer, the agent of an employer, or other payer as described in Section 187.04 shall be allowed to the taxpayer as credits against payment of the tax imposed on the taxpayer by the City of Kent, Ohio, unless the amounts withheld were not remitted to the City of Kent, Ohio and the recipient colluded with the employer, agent, or other payer in connection with the failure to remit the amounts withheld.

   (K)    Each return required by the City of Kent, Ohio to be filed in accordance with this division shall include a box that the taxpayer may check to authorize another person, including a tax return preparer who prepared the return, to communicate with the Tax Administrator about matters pertaining to the return.

   (L)    The Tax Administrator shall accept for filing a generic form of any income tax return, report, or document required by the City of Kent, Ohio, provided that the generic form, once completed and filed, contains all of the information required by ordinance, resolution, or rules and regulations adopted by the City of Kent, Ohio or the Tax Administrator, and provided that the taxpayer or tax return preparer filing the generic form otherwise complies with the provisions of this chapter and of the City of Kent, Ohio's ordinance, resolution, or rules and regulations governing the filing of returns, reports, or documents.

Filing via Ohio Business Gateway.

   (M)   (1)    Any taxpayer subject to municipal income taxation with respect to the taxpayer's net profit from a business or profession may file the City of Kent, Ohio's income tax return, estimated municipal income tax return, or extension for filing a municipal income tax return, and may make payment of amounts shown to be due on such returns, by using the Ohio Business Gateway.

       (2)    Any employer, agent of an employer, or other payer may report the amount of municipal income tax withheld from qualifying wages, and may make remittance of such amounts, by using the Ohio Business Gateway.

      (3)    Nothing in this section affects the due dates for filing employer withholding tax returns.

Extension for service in or for the armed forces.

   (N)    Each member of the national guard of any state and each member of a reserve component of the armed forces of the United States called to active duty pursuant to an executive order issued by the president of the United States or an act of the congress of the United States, and each civilian serving as support personnel in a combat zone or contingency operation in support of the armed forces, may apply to the Tax Administrator of the City of Kent, Ohio for both an extension of time for filing of the return and an extension of time for payment of taxes required by the City of Kent, Ohio during the period of the member's or civilian's duty service, and for one hundred eighty (180) days thereafter. The application shall be filed on or before the one hundred eightieth day (180th) after the member's or civilian's duty terminates. An applicant shall provide such evidence as the Tax Administrator considers necessary to demonstrate eligibility for the extension.

   (O)   (1)    If the Tax Administrator ascertains that an applicant is qualified for an extension under this section, the Tax Administrator shall enter into a contract with the applicant for the payment of the tax in installments that begin on the one hundred eighty first (181st) day after the applicant's active duty or service terminates. The Tax Administrator may prescribe such contract terms as the Tax Administrator considers appropriate. However, taxes pursuant to a contract entered into under this division are not delinquent, and the Tax Administrator shall not require any payments of penalties or interest in connection with those taxes for the extension period.

      (2)    If the Tax Administrator determines that an applicant is qualified for an extension under this section, the applicant shall neither be required to file any return, report, or other tax document nor be required to pay any tax otherwise due to the municipal corporation before the one hundred eighty first (181st) day after the applicant's active duty or service terminates.

      (3)    Taxes paid pursuant to a contract entered into under (O)(1) of this division are not delinquent. The Tax Administrator shall not require any payments of penalties or interest in connection with those taxes for the extension period.

   (P)   (1)    Nothing in this division denies to any person described in this division the application of divisions (N) and (O) of this section.

           (2)   (a)    A qualifying taxpayer who is eligible for an extension under the Internal Revenue Code shall receive both an extension of time in which to file any return, report, or other tax document and an extension of time in which to make any payment of taxes required by a municipal corporation in accordance with this chapter. The length of any extension granted under division (P)(2)(a) of this section shall be equal to the length of the corresponding extension

that the taxpayer receives under the Internal Revenue Code. As used in this division, "qualifying taxpayer" means a member of the national guard or a member of a reserve component of the armed forces of the United States called to active duty pursuant to either an executive order issued by the president of the United States or an act of the congress of the United States, or a civilian serving as support personnel in a combat zone or contingency operation in support of the armed forces.

         (b)    Taxes whose payment is extended in accordance with division (P)(2)(a) of this section are not delinquent during the extension period. Such taxes become delinquent on the first day after the expiration of the extension period if the taxes are not paid prior to that date. The Tax Administrator shall not require any payment of penalties or interest in connection with those taxes for the extension period. The Tax Administrator shall not include any period of extension granted under division (C)(2)(a) of this section in calculating the penalty or interest due on any unpaid tax.

   (Q)    For each taxable year to which division (N), (O), or (P) of this section applies to a taxpayer, the provisions of divisions (O)(2) and (3) of this section, as applicable, apply to the spouse of that taxpayer if the filing status of the spouse and the taxpayer is married filing jointly for that year.

Consolidated municipal income tax return.

   (R)    As used in this section:

           (1)    "Affiliated group of corporations" means an affiliated group as defined in Section 1504 of the Internal Revenue Code, except that, if such a group includes at least one incumbent local exchange carrier that is primarily engaged in the business of providing local exchange telephone service in this state, the affiliated group shall not include any incumbent local exchange carrier that would otherwise be included in the group.

           (2)    "Consolidated federal income tax return" means a consolidated return filed for federal income tax purposes pursuant to Section 1501 of the Internal Revenue Code.

           (3)    "Consolidated federal taxable income" means the consolidated taxable income of an affiliated group of corporations, as computed for the purposes of filing a consolidated federal income tax return, before consideration of net operating losses or special deductions. "Consolidated federal taxable income" does not include income or loss of an incumbent local exchange carrier that is excluded from the affiliated group under division (R)(1) of this section.

           (4)    "Incumbent local exchange carrier" has the same meaning as in Section 4927.01 of the ORC.

           (5)    "Local exchange telephone service" has the same meaning as in Section 5727.01 of the ORC.

    (S)   (1)    For taxable years beginning on or after January 1, 2016, a taxpayer that is a member of an affiliated group of corporations may elect to file a consolidated municipal income tax return for a taxable year if at least one member of the affiliated group of corporations is subject to the City of Kent, Ohio's income tax in that taxable year, and if the affiliated group of corporations filed a consolidated federal income tax return with respect to that taxable year. The election is binding for a five (5) year period beginning with the first taxable year of the initial election unless a change in the reporting method is required under federal law. The election continues to be binding for each subsequent five (5) year period unless the taxpayer elects to discontinue filing consolidated municipal income tax returns under division (S)(2) of this section or a taxpayer receives permission from the Tax Administrator. The Tax Administrator shall approve such a request for good cause shown.

      (2)    An election to discontinue filing consolidated municipal income tax returns under this section must be made in the first year following the last year of a five (5) year consolidated municipal income tax return election period in effect under division (S)(1) of this section. The election to discontinue filing a consolidated municipal income tax return is binding for a five (5) year period beginning with the first taxable year of the election.

      (3)    An election made under division (S)(1) or (2) of this section is binding on all members of the affiliated group of corporations subject to a municipal income tax.

      (4)   When a taxpayer makes the election allowed under Section 718.80 of the Revised Code, a valid election made by a taxpayer under division (S)(1) or (2) of this section is binding upon the tax commissioner for the remainder of the five-year period.

      (5)   When an election is made under Section 718.80 of the Revised Code is terminated, a valid election made under Section 718.86 of the Revised Code is binding upon the tax administrator for the remainder of the five-year period.

   (T)    A taxpayer that is a member of an affiliated group of corporations that filed a consolidated federal income tax return for a taxable year shall file a consolidated City of Kent, Ohio income tax return for that taxable year if the Tax Administrator determines, by a preponderance of the evidence, that intercompany transactions have not been conducted at arm's length and that there has been a distortive shifting of income or expenses with regard to allocation of net profits to the City of Kent, Ohio. A taxpayer that is required to file a consolidated City of Kent, Ohio income tax return for a taxable year shall file a consolidated City of Kent, Ohio income tax return for all subsequent taxable years, unless the taxpayer requests and receives written permission from the Tax Administrator to file a separate return or a taxpayer has experienced a change in circumstances.

   (U)    A taxpayer shall prepare a consolidated City of Kent, Ohio income tax return in the same manner as is required under the United States department of treasury regulations that prescribe procedures for the preparation of the consolidated federal income tax return required to be filed by the common parent of the affiliated group of which the taxpayer is a member.

    (V)   (1)    Except as otherwise provided in divisions (V)(2), (3), and (4) of this section, corporations that file a consolidated municipal income tax return shall compute adjusted federal taxable income, as defined in Section 187.02, by substituting "consolidated federal taxable income" for "federal taxable income" wherever "federal taxable income" appears in that division and by substituting "an affiliated group of corporation's" for "a C corporation's" wherever "a C corporation's" appears in that division.

      (2)    No corporation filing a consolidated City of Kent, Ohio income tax return shall make any adjustment otherwise required under Section 187.02(C)(1) to the extent that the item of income or deduction otherwise subject to the adjustment has been eliminated or consolidated in the computation of consolidated federal taxable income.

      (3)    If the net profit or loss of a pass-through entity having at least eighty percent (80%) of the value of its ownership interest owned or controlled, directly or indirectly, by an affiliated group of corporations is included in that affiliated group's consolidated federal taxable income for a taxable year, the corporation filing a consolidated City of Kent, Ohio income tax return shall do one of the following with respect to that pass-through entity's net profit or loss for that taxable year:

         (a)    Exclude the pass-through entity's net profit or loss from the consolidated federal taxable income of the affiliated group and, for the purpose of making the computations required in divisions (R) through (Y) of Section 187.05, exclude the property, payroll, and gross receipts of the pass-through entity in the computation of the affiliated group's net profit sitused to the City of Kent, Ohio. If the entity's net profit or loss is so excluded, the entity shall be subject to taxation as a separate taxpayer on the basis of the entity's net profits that would otherwise be included in the consolidated federal taxable income of the affiliated group.

         (b)    Include the pass-through entity's net profit or loss in the consolidated federal taxable income of the affiliated group and, for the purpose of making the computations required in divisions (R) through (Y) of Section 187.05, include the property, payroll, and gross receipts of the pass-through entity in the computation of the affiliated group's net profit sitused to the City of Kent, Ohio. If the entity's net profit or loss is so included, the entity shall not be subject to taxation as a separate taxpayer on the basis of the entity's net profits that are included in the consolidated federal taxable income of the affiliated group.

           (4)    If the net profit or loss of a pass-through entity having less than eighty percent (80%) of the value of its ownership interest owned or controlled, directly or indirectly, by an affiliated group of corporations is included in that affiliated group's consolidated federal taxable income for a taxable year, all of the following shall apply:

         (a)    The corporation filing the consolidated municipal income tax return shall exclude the pass-through entity's net profit or loss from the consolidated federal taxable income of the affiliated group and, for the purposes of making the computations required in divisions (R) through (Y) of Section 187.05, exclude the property, payroll, and gross receipts of the pass-through entity in the computation of the affiliated group's net profit sitused to the City of Kent, Ohio;

          (b)    The pass-through entity shall be subject to the City of Kent, Ohio income taxation as a separate taxpayer in accordance with this chapter on the basis of the entity's net profits that would otherwise be included in the consolidated federal taxable income of the affiliated group.

   (W)    Corporations filing a consolidated City of Kent, Ohio income tax return shall make the computations required under divisions (R) through (Y) of Section 187.05 by substituting "consolidated federal taxable income attributable to" for "net profit from" wherever "net profit from" appears in that section and by substituting "affiliated group of corporations" for "taxpayer" wherever "taxpayer" appears in that section.

   (X)    Each corporation filing a consolidated City of Kent, Ohio income tax return is jointly and severally liable for any tax, interest, penalties, fines, charges, or other amounts imposed by the City of Kent, Ohio in accordance with this chapter on the corporation, an affiliated group of which the corporation is a member for any portion of the taxable year, or any one or more members of such an affiliated group.

   (Y)    Corporations and their affiliates that made an election or entered into an agreement with the City of Kent, Ohio before January 1, 2016, to file a consolidated or combined tax return with the City of Kent, Ohio may continue to file consolidated or combined tax returns in accordance with such election or agreement for taxable years beginning on and after January 1, 2016. (Ord. 2018-77. Passed 7-18-18; Ord. 2023-084. Passed 11-15-23.)