For purposes of this article, the following definitions apply:
(a) "Banking business" or "financial organization" shall mean any bank, banking association, trust company, industrial loan company, small loan company or licensee, building and loan association, savings and loan association, finance company, investment company, investment broker or dealer, and any other similar business organization at least ninety per centum of the assets of which consists of intangible personal property and at least ninety per centum of the gross receipts of which consists of dividends, interest and other charges derived from the use of money or credit.
(b) "Business" includes all activities engaged in or caused to be engaged in with the object of gain or economic benefit, either direct or indirect. "Business" shall not include a casual sale by a person who is not engaged in the business of selling the type of property involved in such casual sale. "Business" shall include the production of natural resources or manufactured products which are used or consumed by the producer or manufacturer.
(c) "City" means the City of Martinsburg.
(d) "Contracting" includes the furnishings of work or both materials and work, in the fulfillment of a contract for the new construction, alteration, repair, decoration or improvement of a new or existing building or structure, or any part thereof, or for the alteration, improvement or development of real property.
(e) "Gross income" means the gross receipts of the taxpayer, other than a banking or financial business, received as compensation for personal services and the gross receipts of the taxpayer derived from trade, business, commerce or sales and the value proceeding or accruing from the sale of tangible property (real or personal), or service, or both, and all receipts by reason of the investment of the capital of the business engaged in, including rentals, royalties, fees, reimbursed costs or expenses or other emoluments however designated and including all interest, carrying charges, fees or other like income, however, denominated, derived by the taxpayer from repetitive carrying of accounts, in the regular course and conduct of his business, and extension of credit in connection with the sale of any tangible personal property or service, and without any deductions on account of the cost of property sold, the cost of materials used, labor costs, taxes, royalties, interest or discount paid or any other expense whatsoever. "Gross income" of a banking or financial business is specified in Section 755.02(j).
(f) "Gross proceeds of sales" means the value, whether in money or other property, actually proceeding from the sale of tangible property without any deduction on account of the cost of property sold or expenses of any kind. The terms "gross income" and "gross proceeds of sales" shall not be construed to include:
(1) Cash discounts allowed and taken on sales;
(2) The proceeds of sale of goods, wares or merchandise returned by customers when the sale price is refunded either in cash or by credit;
(3) The amount allowed as "trade-in value" for any article accepted as part payment of any article sold;
(4) Excise taxes imposed by the State;
(5) Money or other property received or held by the taxpayer for the use and benefit of another person; or
(6) Excise taxes imposed by the federal government upon the consumer, not the manufacturer, and which are held in trust by the vendor as agent for the federal government.
(g) "Person" or "company", herein used interchangeably, includes any individual, firm, copartnership, joint adventure, association, corporation trust, or any group or combination acting as a unit, and the plural as well as the singular number, unless the intention to give a more limited meaning is disclosed by the context.
(h) "Sale", "sales" or "selling" includes any transfer of the ownership of, or title to, property.
(i) "Selling at wholesale" or "wholesale sales" means and includes:
(1) Sales of any tangible personal property for the purpose of resale in the form of tangible personal property;
(2) Sales of machinery, supplies or materials which are to be directly consumed or used by the purchaser in the conduct of any business or activity which is subject to the tax imposed by this article;
(3) Sales of any tangible personal property to the United States of America, its agencies and instrumentalities or to the State of West Virginia, its institutions or political subdivisions.
(j) "Selling at retail" or "retail sales" means and includes all sales other than wholesale sales.
(k) "Service business" or "calling" includes all activities engaged in by a person for other persons for a consideration, which involve the rendering of a service as distinguished from the sale of tangible property, but shall not include the services rendered by an employee to his employer. This term shall include persons engaged in manufacturing, compounding, preparing for sale, profit, or commercial use, articles, substances, commodities which are owned by another or others.
(1) "Tax year" or "taxable year" means the fiscal year from July 1 to June 30.
(m) "Taxpayer" means any person liable for any tax hereunder.
(Ord. 2002-10. Passed 5-9-02.)