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LOUISVILLE/JEFFERSON COUNTY METRO GOVERNMENT
TITLE I: GENERAL PROVISIONS
TITLE III: ADMINISTRATION
TITLE V: PUBLIC WORKS
TITLE VII: TRAFFIC CODE
TITLE IX: GENERAL REGULATIONS
TITLE XI: BUSINESS REGULATIONS
CHAPTER 110: OCCUPATIONAL LICENSE TAX
CHAPTER 111: ADULT ENTERTAINMENT ESTABLISHMENTS
CHAPTER 112: PROHIBITED BUSINESS PRACTICES
CHAPTER 113: ALCOHOLIC BEVERAGES
CHAPTER 114: AUTOMOTIVE RECYCLING DEALERS AND JUNKYARDS
CHAPTER 115: REGULATIONS GOVERNING SPECIFIC BUSINESSES
CHAPTER 116: COMMUNICATIONS SERVICE
CHAPTER 117: RESERVED
CHAPTER 118: FOOD SERVICE ESTABLISHMENTS
CHAPTER 119: REGISTRATION OF RENTAL HOUSING UNITS
CHAPTER 120: HAZARDOUS WASTE FACILITIES
CHAPTER 121: HOTELS, MOTELS AND SIMILAR BUSINESSES
CHAPTER 122: INSURANCE COMPANIES
CHAPTER 123: REGULATIONS GOVERNING PAWNBROKERS, SECONDHAND DEALERS, AND SECONDARY METALS RECYCLERS
CHAPTER 124: ARMED SECURITY OFFICERS
CHAPTER 125: ESCORT BUREAUS
CHAPTER 126: TEMPORARY SALE OR DISPLAY OF MOTOR VEHICLES
CHAPTER 127: BURGLARY AND HOLD-UP ALARM SYSTEMS
CHAPTER 128: BUILDING EMERGENCY RESPONSE REGISTRY
TITLE XIII: GENERAL OFFENSES
TITLE XV: LAND USAGE
TABLE OF SPECIAL ORDINANCES
PARALLEL REFERENCES
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§ 110.02 LEVY OF OCCUPATIONAL LICENSE TAX; GENERAL.
   (A)   Every natural person and business entity engaged in any business, trade, occupation, profession, or other activity for profit in Louisville Metro shall pay to the Commission, as collecting agent for Metro Government, an annual occupational license tax for the privilege of engaging in these activities. The occupational license tax shall be measured by:
      (1)   One and one-fourth percent of all wages and compensation paid or payable to every resident or non-resident employee for work done or services performed or rendered in Louisville Metro; and
      (2)   One and one-fourth percent of the net profit from business activities conducted in Louisville Metro by a business entity.
   (B)   Transit tax. In addition to the occupational license taxes required in subsection (A), every person and business entity engaged in any business, trade, occupation, profession, or other activity for profit in Louisville Metro shall pay to the Commission, an occupational license tax for the privilege of engaging in these activities. This additional occupational license tax shall be measured by:
      (1)   One fifth of one percent of all wages and compensation paid or payable to every resident or non-resident employee for work done or services performed or rendered in Louisville Metro; and
      (2)   One fifth of one percent of the net profit from business activities conducted in Louisville Metro by a business entity.
   (C)   All occupational license taxes, plus any applicable interest and penalties, received by the Commission pursuant to subsection (B) above, less a fixed charge for services rendered in the amount of 1.35% of the net receipts thereof, shall be paid over monthly into, and pending disbursement be held in, a separate and special trust fund identified as the Mass Transit Trust Fund to be used solely for purposes of the Mass Transportation Program approved by the electorate of Jefferson County, November 5, 1974, and as provided in KRS Chapter 96A.
   (D)   All partnerships, S corporations, limited liability companies, limited liability partnerships, limited partnerships, or similar entities where income, deductions, gains, losses, credits or any other similar attributes are passed through to the partners, members, shareholders or owners are subject to this chapter, including contributions to Keogh (HR-10) Retirement Plans, contributions to a Simplified Employee Pension Plan as defined in Section 408(k) of the Internal Revenue Code, contributions to any other self-employment retirement plan, and other deductions that benefit non-employee individuals. The occupational license taxes imposed in this chapter are assessed against business income at the entity level and before it is passed through to the partners, members, shareholders or owners.
   (E)   If any business entity dissolves, ceases to operate or withdraws from the Louisville Metro area during any taxable year, or if any business entity in any manner surrenders or loses its charter during any taxable year, the dissolution, cessation of business, withdrawal, or loss or surrender of charter shall not defeat the filing of returns and the assessment and collection of any occupational license tax for the period of that taxable year during which the business entity had business activity in the Louisville Metro area.
   (F)   If a business entity makes, or is required to make, a federal income tax return, the net profit shall be computed for the purposes of this article on the basis of the same calendar or fiscal year required by the federal government, and shall employ the same methods of accounting required for federal income tax purposes.
(1994 Jeff. Code, §110.02) (Jeff. Ord. 10-1986, adopted and effective 6-24-1986; Jeff. Am.Ord. 13-1989, adopted and effective 6-28-1989; Jeff. Am. Ord. 30-1993, adopted and effective 9-28-1993; Jeff. Am. Ord. 1-1994, adopted and effective 1-4-1994; Jeff. Am. Ord. 41-1999, adopted and effective 11-9-1999; Lou. Metro Am. Ord. No. 218-2007, approved 10-15-2007; Lou. Metro Am. Ord. No. 110-2008, approved 6-30-2008) Penalty, see § 110.99
Cross-reference:
   For provisions concerning the licensing of off-site waste management facilities, see §§ 51.200 through 51.203
§ 110.03 EXEMPTED ACTIVITIES.
   (A)   The occupational license taxes imposed in this section shall not apply to the following persons or business entities:
      (1)   Public service corporations that pay an ad valorem tax on property valued and assessed by the Kentucky Department of Revenue pursuant to the provisions of KRS 136.120. Business entities whose business is predominantly non-public service and the public service business is merely incidental to the principal business, are required to pay a license tax on their net profit derived from the non-public service activities apportioned to the Louisville Metro.
      (2)   Any bank, trust company, combined bank and trust company or combined trust, banking and title business in this state, any savings and loan association whether state or federally chartered.
      (3)   Any company providing multichannel video programming services or communications services as defined in KRS 136.602. If only a portion of an entity’s business is providing multichannel video programming services or communications services, including products or services that are related to and provided in support of the multichannel video programming services or communications services, this exclusion applies only to that portion of the business that provides multichannel video programming services or communications services including products or services that are related to and provided in support of the multichannel video programming services or communications services.
      (4)   Any profits, earnings, or distributions of an investment fund which would qualify under KRS 154.20-250 to 154.20-284 to the extent any profits, earnings, or distributions would not be taxable to an individual investor.
      (5)   Any income or compensation received by precinct workers for election training or work at election booths in state, county and local primary, regular or special elections.
      (6)   Any income or compensation received by members of the Kentucky National Guard for active duty training, unit training assemblies and annual field training.
      (7)   Insurance companies who pay a license tax based on premiums under Ordinance 122 or § 38.64 or domestic life insurance companies that pay a tax based on taxable capital under § 38.36 are not required to pay a license tax measured by net profits under the terms of this chapter.
      (8)   Persons or business entities that have been issued a license under KRS Chapter 243 to engage in the manufacturing or trafficking in alcoholic beverages may exclude the portion of their net profits derived from the manufacturing or trafficking in alcoholic beverages.
      (9)   A sale of used goods conducted or participated in by the resident of the residential property on which the sale takes place shall not be
considered a business for purposes of this chapter unless such sales are conducted for more than three consecutive days or for more than four times a year.
      (10)   During “Derby Festival Week,” that is the week preceding and including the first Saturday in May, residents who provide parking spaces for a fee in the area encompassed by Colorado Avenue on the north, Interstate 264 (Watterson Expressway) on the south, Louisville Avenue (railroad tracks) on the east and Seventh Street Road on the west, shall not be considered to be engaged in an occupation for purposes of this chapter and no license is required.
      (11)   The occupation of serving as a duly ordained minister of religion is exempted from the terms of this chapter and no occupational license tax is required. It is not the intention of this chapter to exempt a duly ordained minister of religion from the necessity of paying the license tax measured by compensation and net profits earned for activities not connected with his or her regular duties as a minister of religion.
      (12)   Venture capital funds are exempt from the terms of this section provided, that for purposes of this exemption, a venture capital fund is a limited liability company, limited liability partnership, or limited partnership, formed and operated for the exclusive purpose of buying, holding and/or selling securities (including debt securities), on its own behalf and not as a broker, primarily in non-publicly traded companies, and the capital of the fund is primarily derived from investments by entities and/or individuals which are neither, directly or indirectly, related to nor affiliated with the fund. An annual informational return is required to be filed in order to qualify for this exemption. For purposes of this section, the following provisions shall apply:
         (a)   AFFILIATED. Entities that are part of an affiliated group as defined in 26 U.S.C. § 1504(a) and any applicable federal regulations thereto, as they may be amended from time to time;
         (b)   NON-PUBLICLY TRADED COMPANIES. Any business entity that is not a PUBLICLY TRADED COMPANY, as defined by subsection (d)(4);
         (c)   PRIMARILY, as used in this section, means over 80%.
         (d)    PUBLICLY TRADED COMPANY. Any entity that is traded on:
            1.   A national securities exchange registered under § 6 of the Securities Exchange Act of 1934 or exempted from registration under such act by 15 U.S.C. § 78f because of the limited volume of transactions;
            2.   A foreign securities exchange operating under principles analogous to a national securities exchange;
            3.   A regional or local exchange;
            4.   An interdealer quotation system that regularly disseminates firm buy or sell quotations by identified brokers or dealers by electronic means or otherwise; or
            5.   On a secondary market or the substantial equivalent thereof, if taking into account all of the facts and circumstances, the owners are readily able to buy, sell or exchange their ownership interest in a manner that is comparable, economically, to trading on an exchange.
         (e)   RELATED. Entities and/or individuals that are related as determined by 26
U.S.C. § 267(b) and (f) and any federal regulations applicable thereto as they may be amended from time to time.
      (13)    Any family-owned non-corporate entity where the sole activity of such entity is the production of investment income is exempted from the terms of this section. An annual informational return must be filed in order to qualify for this exemption. For purpose of this section, the following provisions shall apply:
         (a)   FAMILY-OWNED. At least 95% of the equity of such entity is owned by members of the family, which means, with respect to an individual, only:
            1.   An ancestor of such individual;
            2.   The spouse or former spouse of such individual;
            3.   A lineal descendent of such individual, of such individual’s spouse or former spouse, or of a parent of such individual;
            4.   The spouse or former spouse of any lineal descendent described in subsection 3.; or
            5.   The estate or trust of a deceased individual who, while living, was as described in any of the above subsections.
            6.   For purposes of this section, a legally adopted child of an individual shall be treated as the child of such individual by blood.
         (b)   INVESTMENT INCOME means and includes gross receipts derived from dividends, interest, annuities, and sales or exchanges of stock or securities to the extent of any gains therefrom.
      (14)   Except for the license taxes permitted pursuant to KRS 91.202 for “racetrack extensions”, no tax is levied on a track as defined in KRS 230.210(24)(c).
      (15)   No license tax under this chapter is required where expressly exempted elsewhere in this chapter or prohibited by federal or state law.
   (B)   The provisions and limitations of this subsection shall not apply to license fees imposed for regulatory purposes as to form and amount.
(Lou. Metro Ord. No. 110-2008, approved 6-30-2008; Lou. Metro Am. Ord. No. 153-2022, approved 10-31-2022)
§ 110.04 OCCUPATIONAL LICENSE APPLICATION REQUIRED.
   (A)   Business entities required to file a return under § 110.07 and all employers must apply before commencing business for an occupational license tax reporting number (account number) and in such process shall complete and execute the questionnaire prescribed by the Commission. Business entities and employers are required to notify the Commission of changes of address, of the cessation of business activity and of other changes which render inaccurate the information supplied in the completed questionnaire.
   (B)   All employers located within a Development Area created pursuant to KRS 65.490 through 65.499 and 2007 House Bill 549 will be subject to additional informational reporting requirements as prescribed by the Commission.
(1994 Jeff. Code, §110.04) (Jeff. Ord. 10-1986, adopted and effective 6-24-1986; Jeff. Am.Ord. 13-1989, adopted and effective 6-28-1989; Jeff. Am. Ord. 1-1994, adopted and effective 1-4-1994; Lou. Metro Am. Ord. No. 218-2007, approved 10-15-2007; Lou. Metro Am. Ord. No. 110-2008, approved 6-30-2008) Penalty, see § 110.99
§ 110.05 DEDUCTION TO BE MADE BY EMPLOYERS.
   (A)   Every employer making payment of compensation to an employee shall deduct and withhold upon the payment of the compensation the license tax imposed under § 110.02 of this chapter.
   (B)   Every employer required to deduct and withhold occupational license taxes under this section shall report for the quarterly periods ending March 31, June 30, September 30 and December 31 of each year the wages or compensation from which occupational license taxes have been so withheld on or before the last day of the month following the end of each such quarter, and shall make the payment required to be made on account of such employee withholding of occupational license taxes on or before the time required for the filing of the quarterly returns.
   (C)   Notwithstanding the provisions of subsection (B) of this section, each employer for which the aggregate Metro Government, mass transit trust fund, and school boards occupational license taxes required to be withheld from all employee wages and compensation for any one of the preceding four quarters shall have exceeded the sum of $3,000 shall remit the occupational license taxes required to be withheld from employees monthly on or before the fifteenth day of the month following the month in which the wages or compensation shall have been paid by the employer, or (in the case of deferred compensation subject to the occupational license taxes imposed hereunder) on the fifteenth day of the month following the month in which such deferred compensation is deemed to have been earned by the employee.
   (D)   Every employer shall also deduct from each employee who receives non-cash fringe benefits taxable for federal income tax purposes, at the time at which the receipt of such non-cash benefits by the employee is required to be reported by the employer for federal income tax purposes, the occupational license tax arising from the employee’s receipt of such compensation; and the employer shall remit to the Commissioner with the deposit made for the period in which such non-cash benefits are so reported the occupational license tax due on such non-cash fringe benefits. The employer may report the value of fringe benefits provided during any period commencing no earlier than November 1 of any year as having been paid by the employer and received by the employee during the following year provided that the reporting for occupational license tax purposes is consistent with the reporting for federal income tax purposes. Occupational license tax shall be paid on the non-cash fringe benefits subject to federal income tax as provided by the Internal Revenue Code and as provided by the Code of Federal Regulations in effect for the licensee’s taxable year; and such non-cash fringe benefits shall be valued for purposes of the imposition of the occupational license tax as provided by the Internal Revenue Code and as provided by the Code of Federal Regulations in effect for the licensee’s taxable year.
   (E)   Every employer shall, annually on or before February 28th of each year make a return to the Commission in which is set forth the name, residence and social security number of each employee of said employer employed during the preceding calendar year, giving the amount of wages or compensation earned during such preceding year by each such employee and the amount of occupational license taxes withheld pursuant to this chapter together with a form prescribed by the Commission reconciling the sum total of compensation paid and taxes withheld as disclosed by the information return with the aggregate amount previously reported on the quarterly returns and with aggregate remittances paid for the calendar year, and such other pertinent information as the Commission may require.
   (F)   Every employer shall furnish each employee a statement, on or before January 31 of each year, showing the amount of compensation earned and the occupational license tax deducted and paid by said employer during the preceding calendar year.
   (G)   Each employer, in the event of overpayment by the employer of the employee occupational license tax, shall upon request by the employee and may on its own initiative apply to the Commission for a refund on behalf of the employee. Provided, however, that no employer shall be required to make an application hereunder on behalf of an employee if the employer remits the overpayment directly to the employee and unless a refund of $1 or more is due that employee.
   (H)   Unless written application for refund or credit is received by the Commission from the employer or employee within two years from the date the overpayment was made, no refund or credit shall be allowed. Where there has been an overpayment of license tax under this chapter, a refund or credit shall be made to the employer only to the extent that the amount of the overpayment was not deducted and withheld by the employer under this section.
   (I)   An employee who has compensation attributable to activities performed outside the Louisville Metro area, based on time spent outside the Louisville Metro area, whose employer has withheld and remitted to the Commission the occupational license tax on the compensation attributable to activities performed outside the Louisville Metro area, may file for a refund within two years of the date prescribed by law for the filing of a return. The employee shall provide a schedule and computation sufficient to verify the refund claim, and the Commission shall confirm with the employer the percentage of time spent outside the Louisville Metro area and the amount of compensation attributable to activities performed outside the Louisville Metro prior to approval of the refund.
   (J)   Every employer who is notified of or discovers an underpayment by the employer of the employee occupational license tax, shall correct the previously submitted returns which had shown the under-withholding and shall remit payment of the employee occupational license tax not previously paid, together with any applicable penalty and interest.
   (K)   Every employer who fails to withhold or pay to the Commission any sums required by this article to be withheld and paid shall be personally and individually liable to the Commission for any sum or sums withheld or required to be withheld in accordance with the provisions of this section.
   (L)   The president, vice-president, secretary, treasurer or any other person holding an equivalent corporate office of any business entity subject to this section shall be personally and individually liable, both jointly and severally, for any occupational license tax required to be withheld from compensation paid or payable to one or more employees of the business entity, and neither the corporate dissolution or withdrawal of the business entity from Louisville Metro area, nor the cessation of holding any corporate office, shall discharge that liability; provided that the personal and individual liability shall apply to each and every person holding the corporate office at the time the occupational license tax becomes or became obligated. No person shall be personally and individually liable under this subsection unless such person had authority to collect, truthfully account for, or pay over the occupational license tax imposed by this chapter at the time that the taxes imposed by this chapter become or became due.
   (M)   Not withstanding subsections (K) and (L) of this section, every employee receiving compensation subject to the occupational license tax shall be personally liable for any amount due.
   (N)   The Commission shall have a lien upon all the property of any employer who fails to withhold or pay over to the Commission sums required to be withheld under this section. If the employer withholds, but fails to pay the amounts withheld to the Commission, the lien shall commence as of the date the amounts withheld were required to be paid to the Commission. If the employer fails to withhold, the lien shall commence at the time the liability of the employer is assessed by the Commission.
   (O)   If for any reason the occupational license taxes due hereunder have not been withheld by the employer in whole or in part, the employee is required to file an annual return on or before April 15th with the Commission and to pay the occupational license tax due on all compensation earned which has not been subject to withholding, together with any applicable interest and penalty. The employee shall provide the original copy of the statement furnished to him or her by his or her employer showing all of the compensation earned by him or her, wherever employed, during the period for which such return is made. In addition to the compensation earned by him or her, such return shall show such other pertinent information as may be required by the Commission. Each person making a return required by this section shall at the time of filing the appropriate return pay to the Commission the amount of license tax due under this subsection; provided, that any portion of the license tax deducted by the employer shall be credited on the return and only the balance, if any, shall be due and payable at the time of filing said return.
   (P)   Payments to be made by electronic fund transfer.
      (1)   Third party payroll reporting agents whose aggregate payment of occupational license taxes deducted and withheld pursuant to § 110.05(B) on behalf of multiple employers exceeds $25,000 or who report and pay for more than 25 individual accounts shall remit all payments by electronic fund transfer.
      (2)   The electronic fund transfer shall be made on or before the occupational license tax is due.
      (3)   The Revenue Commission may waive the requirement that an employer remit the payment by electronic fund transfer if the employer is unable to remit funds electronically.
(1994 Jeff. Code, §110.03) (Jeff. Ord. 10-1986, adopted and effective 6-24-1986; Jeff. Am.Ord. 13-1989, adopted and effective 6-28-1989; Jeff. Am. Ord. 1-1994, adopted and effective 1-4-1994; Lou. Metro Am. Ord. No. 218-2007, approved 10-15-2007; Lou. Metro Am. Ord. No. 110-2008, approved 6-30-2008; Lou. Metro Am. Ord. No. 66-2016, approved 5- 27-2016; Lou. Metro Am. Ord. No. 120-2019, approved 8-26-2019) Penalty, see § 110.99
§ 110.06 APPORTIONMENT OF NET PROFIT.
   (A)   Except as provided in subsection (F) of this section, net profit shall be apportioned as follows:
      (1)   For business entities with both payroll and sales revenue in more than one tax district, by multiplying the net profit by a fraction, the numerator of which is the payroll factor, described in subsection (B) of this section, plus the sales factor, described in subsection (C) of this section, and the denominator of which is two; and
      (2)   For business entities with sales revenue in more than one tax district, by multiplying the net profits by the sales factor as set forth in subsection (C) of this section.
   (B)   The payroll factor is a fraction, the numerator of which is the total amount paid or payable in the tax district during the tax period by the business entity for compensation, and the denominator of which is the total compensation paid or payable by the business entity everywhere during the tax period. Compensation is paid or payable in the tax district based on the time the individual’s service is performed within the tax district. Wages made by third party payors and/or for leased employees must be included in the wage apportionment of the person who has control of the actions and the work product of the employees.
   (C)   The sales factor is a fraction, the numerator of which is the total sales revenue of the business entity in the tax district during the tax period, and the denominator of which is the total sales revenue of the business entity everywhere during the tax period.
      (1)   The sale, lease, or rental of tangible personal property is in the tax district if:
         (a)   The property is delivered or shipped to a purchaser, other than the United States government, or to the designee of the purchaser within the tax district regardless of the f.o.b. point or other conditions of the sale; or
         (b)   The property is shipped from an office, store, warehouse, factory, or other place of storage in the tax district and the purchaser is the United States government.
      (2)   Sales revenues, other than revenue from the sale, lease, or rental of tangible personal property or the lease or rental of real property, are apportioned to the tax district based upon a fraction, the numerator of which is the time spent in performing such income-producing activity within the tax district and the denominator of which is the total time spent performing that income producing activity.
      (3)   Sales revenue from the lease or rental of real property is allocated to the tax district where the property is located.
   (D)   If either the payroll factor or sales factor under this subsection is absent, then the apportionment percentage shall be equal to the remaining percentage determined under subsections (B) or (C) of this section. A factor is not deemed to be absent merely because none of the business entity’s sales revenue arose inside the Louisville Metro area or because none of the wages or compensation paid by the business entity were for services performed or rendered inside the Louisville Metro area.
   (E)   The apportionment provisions provided above, shall be presumed to determine fairly and correctly the business entity’s net profits from activities conducted in Louisville Metro.
   (F)   If the apportionment provisions of this section do not fairly represent the extent of the business entity’s activity in Louisville Metro, the business entity may petition for or the Commission may require, in respect to all or any part of the business entity’s business activity, if reasonable:
      (1)   The exclusion of any one or more of the factors;
      (2)   The inclusion of one or more additional factors which will fairly represent the business entity’s business activity in the tax district; or
      (3)   The employment of any other method to effectuate an equitable allocation and apportionment of net profits.
      (4)   Separate accounting.
   (G)   If an alternate method of apportionment is approved by the Commission, the business entity must continue to file under the alternate method until given permission to change by the Commission.
(Lou. Metro Ord. No. 110-2008, approved 6-3-2008)
§ 110.07 FILING OF ANNUAL NET PROFIT RETURN.
   (A)   Every business entity subject to the occupational license tax imposed by this chapter shall, on or before the fifteenth day of the fourth month following the close of each year, make and file with the Commission a return, on a form furnished by or obtainable from the Commission setting forth the aggregate amount of net profits during the preceding year with such other pertinent information as the Commission may require, including, but not limited to, federal income tax returns and schedules. The return shall also show the amount of the occupational license tax imposed by this chapter, and the business entity shall pay to the Commission by the due date of the return the full occupational license tax due as shown thereon after credit is given for any prior estimated payments or credits. Provided, however, that where the fiscal year of the business entity differs from the calendar year and the business entity files a federal income tax return for such other fiscal period, the occupational license tax shall be measured by the net profits of the fiscal year, and where the return is made for a fiscal year or any other period different from a calendar year, the said return shall be made on or before the fifteenth day of the fourth month following the end of the fiscal year or other period.
   (B)   Any return required to be filed hereunder shall be considered to have been timely filed if it is postmarked or hand-delivered to the offices of the Commission on or before the due date or, in the event the due date is a Saturday, Sunday or Metro Government legal holiday, if it is postmarked or hand- delivered to the offices of the Commission on the next day which is not a Saturday, Sunday or a Metro Government legal holiday.
   (C)   Notwithstanding the provisions of subsection (A) hereof every business entity, other than a sole proprietorship, shall make quarterly estimated payments on or before the fifteenth day of the fourth, sixth, ninth and twelfth month of each fiscal year if the business entity’s aggregate liability for occupational license taxes, measured by net profits, due to the Metro Government, the Mass Transit-Trust Fund and the school boards for the taxable year exceeds five thousand dollars ($5,000).
   (D)   The quarterly estimated tax payment required under subsection (C) shall be based on the lesser of:
      (1)   Twenty-two and one-half percent of the current taxable year tax liability;
      (2)   Twenty-five percent of the preceding full year taxable year tax liability; or
      (3)   Twenty-five percent of the average tax liability for the three preceding full year taxable years’ tax liabilities if the tax liability for any of the three preceding full taxable years exceeded $20,000.
   (E)   Any business entity that fails to submit the minimum quarterly payment required under subsection (D) of this section by the due date for the quarterly payment shall pay an amount equal to 12% per annum simple interest on the amount of the quarterly payment required under subsection (D) of this section from the earlier of:
      (1)   The due date for the quarterly payment until the time when the aggregate quarterly payments submitted for the taxable year equal the minimum aggregate payments due under subsection (D) of this section; or
      (2)   The due date of the annual return.
   (F)   The provisions of this section shall not apply to any business entity’s first full or partial taxable year of doing business in Louisville Metro, or any first taxable year in which a business entity’s tax liability exceeds $5,000.
   (G)   At the election of the business entity, any installment of the estimated tax may be paid prior to the date prescribed for its payment.
   (H)   In the case where the tax computed under the provisions of this article is less than the amount which has been declared and paid as estimated tax for the same taxable year, a refund or credit, if a credit is requested, shall be made upon the filing of a return.
   (I)   Overpayment, resulting from the payment of estimated tax in excess of the amount determined to be due upon the filing of a return for the same taxable year, may be credited against the amount of estimated tax determined to be due on any declaration filed for the next succeeding taxable year, or for any deficiency or nonpayment of tax for any previous taxable year.
   (J)   No refund shall be made of any estimated tax paid unless a complete return is filed as required by this chapter.
   (K)   Every business entity making payments of $600 or more to natural persons other than employees (non-employee compensation payments) for services performed within Louisville Metro is hereby required to maintain records of such payments and to report such payments to the Commission by February 28 of the year following the close of the calendar year in which the non-employee compensation was paid.
   (L)   However, any business entity that makes non- employee compensation payments in excess of $600 to more than 100 natural persons may comply with the requirements of this section by submitting copies of federal Form 1099 reporting non-employee compensation paid to natural persons at an address in Louisville Metro. Such business entity, is not required to identify services performed within Louisville Metro.
(1994 Jeff. Code, § 110.07) (Jeff. Ord. 10-1986, adopted and effective 6-24-1986; Jeff. Am. Ord. 13-1989, adopted and effective 6-28-1989; Jeff. Am. Ord. 1-1994, adopted and effective 1-4-1994; Jeff. Am. Ord. 38-1996, adopted and effective, 10-8-1996; Lou. Metro Am. Ord. No. 218-2007, approved 10-15-2007; Lou. Metro Am. Ord. No. 110-2008, approved 6-30-2008) Penalty, see § 110.99
§ 110.08 EXTENSION FOR FILING NET PROFIT RETURN.
   (A)   The Commission may grant any business entity an extension of time for the filing of its return, of not more than six months (unless a longer extension has been granted by the Internal Revenue Service and agreed to by the Commission).
   (B)   Such extension shall be by written request filed with the Commission by the business entity or his or her designated representative made on or before the date upon which the return is due and must be accompanied by an occupational license tax payment in an amount not less than 90% of the total occupational license tax as finally determined or estimated payments of 90% of the license tax obligation must be on file at the time the extension is requested. A copy of the federal extension can be filed with the Commission. However, a filing of a request with the federal or state government does not satisfy the requirement of written request to the Commission.
   (C)   If the time for filing a return is extended, the business entity shall pay, as part of the tax, an amount equal to 12% percent interest on the tax shown due on the return, but not previously paid, from the time the tax was due until the return is actually filed and the tax paid to the Commission.
(1994 Jeff. Code, § 110.08) (Jeff. Ord. 10-1986, adopted and effective 6-24-1986; Jeff. Am.Ord. 13-1989, adopted and effective 6-28-1989; Lou. Metro Am. Ord. No. 218-2007, approved 10-15-2007; Lou. Metro Am. Ord. No. 110-2008, approved 6-30-2008) Penalty, see §110.99
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