For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADJUSTED FEDERAL TAXABLE INCOME. A “C” corporation’s federal taxable income before net operating losses and special deductions as determined under the Internal Revenue Code, but including subsequent adjustments from required additions and deductions. Pass-through entities must compute “Adjusted Federal Taxable Income” as if the pass-through entity was a “C” corporation. This definition does not apply to any taxpayer required to file a return under Ohio R.C. 5745.03 or to the net profit from a sole proprietorship. This definition is effective for tax years beginning on or after January 1, 2004.
ASSOCIATION. A partnership, limited partnership, limited liability company, or any other form of unincorporated enterprise.
BUSINESS. An enterprise, activity, profession, or undertaking of any nature conducted for profit or ordinarily conducted for profit; whether by an individual, partnership, limited partnership, fiduciary, trust, corporation, association, or any other entity, including but not limited to, the renting or leasing of real or personal property.
CITY. The City of Loveland, Ohio.
CORPORATION. A corporation or joint stock association organized under the laws of the United States, the State of Ohio, or any other state, territory, foreign country, or dependency including Chapter S Corporations as defined in the Federal Tax Code, 26 U.S.C. 1361.
DOMICILE. The permanent legal residence or place of business of a taxpayer. An individual may have more than one residence but not more than one domicile.
EMPLOYEE. One who works for income, wages, salary, commissions or other type of compensation in the service and under the control of an employer.
EMPLOYER. An individual, partnership, limited partnership, association, corporation, governmental body, unit, or agency, or any other entity who or that employs one or more persons on a salary, wage, commission, or other compensation basis but not including an individual who employs domestic help for such individual's private residence.
FISCAL YEAR. An accounting period of twelve months or less ending on any day other than December 31.
FISCAL YEAR TAXPAYER. A taxpayer that reports municipal income tax on the basis of a twelve-month period that does not coincide with the calendar year.
FORM 2106. Internal Revenue Service Form 2106 filed by a taxpayer pursuant to the Internal Revenue Code.
GENERIC FORM. An electronic or paper form designed for reporting estimated municipal income taxes and/or annual municipal income tax liability, and/or separate requests for refunds that contain all the information required on Loveland’s regular tax return and estimated payment forms, and are in a similar format that will allow processing of the generic forms without altering the City’s procedures for processing forms.
GROSS RECEIPTS. Total income derived from sales, work done, or service rendered.
INCOME. All monies, subject to limitations imposed by Ohio R.C. Chapter 718, derived from any source whatsoever, including but not limited to:
(a) All income, qualifying wages, commissions, other compensation and other income for whatever source received by residents of the City.
(b) All income, qualifying wages, commissions, other compensation and other income from whatsoever source received by nonresidents for work done or services performed or rendered or activities conducted in the City.
(c) The portion attributable to the City of the net profits of all unincorporated businesses, associations, professions, corporations, or other entities, from sales made, work done, services performed or rendered, and business or other activities conducted in the City.
INDIVIDUAL. A natural person.
INTERNAL REVENUE CODE. The Internal Revenue Code of 1986, 100 stat. 2085, 26 U.S.C. 1, as amended.
JOINT ECONOMIC DEVELOPMENT DISTRICT. A district created under Ohio R.C. 715.70 and 715.83, as amended from time to time.
LIMITED LIABILITY COMPANY. A limited liability company formed under Ohio R.C. Chapter 1705 or under the laws of another state.
NET PROFITS. For taxable years prior to 2004, the net gain from the operation of a business, profession, or enterprise after provision for all ordinary, reasonable and necessary expenses incurred in the conduct thereof, including allowance for depreciation, depletion, amortization, either paid or accrued in accordance with recognized principles of accounting applicable to the method of accounting regularly employed; and without deduction of federal and state taxes based on income exclusive of amount of Ohio franchise tax computed on the net worth basis; and without deducting taxes imposed by this chapter; and in the case of an association, without deduction of salaries paid to partners and other owners; and otherwise adjusted to the requirements of this chapter. (For taxable years 2004 and later, see ADJUSTED FEDERAL TAXABLE INCOME.)
NONRESIDENT. A person, as defined by this chapter, domiciled outside the City.
NONRESIDENT UNINCORPORATED BUSINESS ENTITY. An unincorporated business entity not having an office or place of business within the City.
OTHER ENTITY. Any person or unincorporated body not previously named or defined and includes fiduciaries located within the City.
OTHER PAYER. Any person that pays an individual any item included in the taxable income of the individual, other than the individual's employer or that employer's agent.
OWNER. A partner of a partnership, a shareholder of an S corporation, a member of a limited liability company, or other person with an ownership interest in a pass-through entity.
PASS-THROUGH ENTITY. A partnership, S corporation, limited liability company, or any other class of entity the income or profits from which are given pass-through treatment under the Internal Revenue Code.
PERSON. Every individual, association, business, corporation or other entity. Whenever used in any clause prescribing and imposing a penalty, the term person, as applied to any association or any other unincorporated entity, shall include the partners or members thereof, and as applied to a corporation, the officers thereof, in their individual capacity.
PLACE OF BUSINESS. Any bona fide office (other than a mere statutory office), factory, warehouse, apartment building or other space which is occupied or used by a person in carrying on any business activity individually or through one or more employees, or where one or more employees are regularly in attendance.
PRINCIPAL PLACE OF BUSINESS. In the case of an employer having headquarters activities at a place of business within a taxing municipality, the place of business at which the headquarters is situated. In the case of any employer not having its headquarters activities at a place of business within a taxing municipality, the term means the largest place of business located in a taxing municipality.
QUALIFYING WAGE. Wages as defined in Section 3121(a) of the Internal Revenue Code, without regard to any wage limitations, but including subsequent adjustments from required additions and deductions. “Qualifying wage” represents employees’ income from which municipal tax shall be deducted by the employer, and any wages not considered a part of “qualifying wage” shall not be taxed by the City. This definition is effective January 1, 2004.
RESIDENT. An individual domiciled in the City.
RESIDENT UNINCORPORATED BUSINESS ENTITY. An unincorporated business entity having an office or place of business within the City.
RETURN PREPARER. Any person other than a taxpayer that is authorized by a taxpayer to complete or file an income tax return, report, or other document for or on behalf of the taxpayer.
S CORPORATION. A corporation that has made an election under subchapter S of Chapter 1 of Subtitle A of the Internal Revenue Code for its taxable year.
TAXABLE INCOME. (See INCOME.)
TAXABLE YEAR. The calendar year, or the fiscal year upon the basis of which net profits are to be computed under this chapter and, in the case of a return for a fractional part of a year, the period for which such return is required to be made.
TAX ADMINISTRATOR. The City employee charged with the responsibility of administering the City Income Tax laws under the Director of Finance including the Tax Administrator’s designee or duly authorized agent.
TAXING MUNICIPALITY. A municipality or Joint Economic Development District levying a tax on income earned by nonresidents working within such municipality or Joint Economic Development District, and income received by its residents.
TAXPAYER. A person required to file a return or to pay a tax hereunder.
The singular shall include the plural and the masculine shall include the feminine and the neuter.
(Ord. 2000-64. Passed 11-28-00; Ord. 2002-73. Passed 12-7-02; Ord. 2004-84. Passed
12-17-04; Ord. 2006-50. Passed 6-27-06.)