There is hereby levied and shall be collected annual privilege taxes for the period beginning July first and ending June thirtieth of each year against the persons, on account of the business and other activities, and in the amounts to be determined by the application of rates against values or gross income as follows:
(a) Natural Resource Products. Upon every person engaging or continuing within this City in the business of producing for sale, profit or commercial use any natural resources products, the amount of tax to be equal to the value of the articles produced as shown by the gross proceeds derived from the sale thereof by the producer multiplied by the following rates:
Coal | 1.00% |
Limestone or Sandstone, quarried or mined | 1.50% |
Oil | 3.00% |
Natural Gas | 6.00% |
Blast Furnace Slag | 3.00% |
Sand, gravel or other mineral product not quarried or mined | 3.00% |
Timber | 1.50% |
Other natural resource products | 2.00% |
(b) Manufacturing, Compounding, or Preparing Products. Upon every person engaged or continuing within the City in the business of manufacturing, compounding or preparing for sale, profit, or commercial use, either directly or through the activity of others in whole or in part, any article or articles, substance or substances, commodity or commodities or newspaper publishing (including all gross income or proceeds of sale from circulation and advertising), except electric power produced by public utilities or others, the amount of the tax to be equal to the value of the article, substance, commodity or newspaper, manufactured, compounded or prepared for sale, as shown by the gross proceeds derived from the sale thereof by the manufacturer or person compounding or preparing the same, except as otherwise provided, multiplied by a rate of thirty hundredths of one percent (0.30%). The measure of this tax is the value of the entire product manufactured, compounded or prepared in the City for sale, profit or commercial use, regardless of the place of sale or the fact that deliveries may be made to points outside the City. The value of electricity generated by persons taxed under the provisions of this section, which electricity is directly used by such persons in the business of manufacturing and not sold or therewith transferred or transmitted to others, shall be exempt from the imposition of any tax under this article. With respect to the manufacturing, compounding or preparing for sale of timber or timber products, the measure of this tax is the value of the entire timber product manufactured, compounded or prepared in the City for sale, profit or commercial use, regardless of the place of sale or the fact that deliveries may be made to points outside the City but such value shall not include the value of any timber or timber products used as ingredients, components, or elements of such timber products. The dressing and processing of food by a person, firm or corporation, which food is to be sold on a wholesale basis by such person, firm or corporation shall not be considered as manufacturing or compounding, but the sale of these products on a wholesale basis shall be subject to the same tax as is imposed on the business of selling at wholesale. It is further provided, however, that in those instances in which the same person partially manufactures, compounds or prepares products within the City and partially manufactures, compounds or prepares such products outside of this City, the measure of this tax under this section shall be that proportion of the sale price of the product that the payroll cost of manufacturing within the City bears to the entire payroll cost of manufacturing the product; or at the option of the taxpayer, the measure of his tax under this section shall be the proportion of the sales value of the products that the cost of operations in the City bears to the full cost of manufacturing the products.
(c) Business of Selling Tangible Property; Exceptions. Upon every person engaging or continuing within this City in the business of selling at retail any tangible property whatsoever, real or personal, including the sale of food, and the services incident to the sale of food in hotels, restaurants, cafeterias, confectioneries, and other public eating houses, except horticulture, or selling stocks, bonds or other evidences of indebtedness, a tax equivalent to forty-five hundredths of one percent (0.45%) of the gross income of the business except that in the business of selling at wholesale the tax shall be equal to one hundred thirty-five thousands of one percent (0.135%) of the gross income of the business.
(1) For the purposes of this section, gross income shall include income from the sale of any tangible property outside the City which is taxed by any other municipality of the State to the fullest extent allowable pursuant to West Virginia Code 8-13-5.
(2) A person exercising any privilege taxable under Section 755.02(b), and engaging in the business of selling his manufactured product in the City, shall be required to make returns of the gross proceeds of such wholesale sales and pay the tax imposed by this section at the rate of one hundred thirty-five thousands of one percent (0.135%) for the privilege of engaging in the business of selling such manufactured products in the City.
(d) Public Service or Utility Business. Upon any person engaging or continuing within this City in any public service or utility business, except railroad, railroad car, express, pipeline, telephone and telegraph companies, water carriers by steamboat or steamship and motor carriers, the amount of tax to be equal to the gross income of the business multiplied by the following rates: Street and interurban and electric railways, one percent (1.00%); electric light and power companies, four percent (4.00%) on sales and demand charges for domestic and commercial lighting and three percent (3.00%) on sales and demand charges for all other purposes; natural gas companies, three percent (3.00%); and upon all other public service or utility business, two percent (2.00%). The measure of this tax shall not include gross income derived from commerce between the State and other states of the United States. The measure of the tax under this section shall include only gross income received from the supplying of public service. The gross income of the taxpayer from any other activity shall be included in the measure of the tax imposed upon such other activity by the appropriate section of this article.
(e) Business of Contracting. Upon every person engaging or continuing within this City in the business of contracting the tax shall be equal to two percent (2%) of the gross income of the business provided that contracts entered into prior to the effective date of the ordinance from which this section is derived shall be excluded from payment of this tax.
(f) Business of Operating Amusements. None.
(g) Service Business or Calling not Otherwise Specifically Taxed. Upon every person engaging or continuing within this City in any service business or calling or not otherwise specifically taxed under this article, there is likewise levied and shall be collected a tax equal to one percent (1%) of the gross income of any such business. For the purpose of this subsection, gross income shall include income from services rendered to persons outside the City, which is not taxed by any other municipality of this State to the fullest extent allowable pursuant to West Virginia Code 8-13-5.
(h) Business of Furnishing Property for Hire. Upon every person engaging or continuing within this City in the business of furnishing any real or tangible personal property or any interest therein for hire, loan, lease or otherwise whether the return be in the form of rentals, royalties, fees or otherwise the tax shall be one percent (1%) of the gross income of any such activity.
(i) Small Loan and Industrial Loan Business. Upon every person engaging or continuing within the City in the business of making loans of money, credit goods, or things in action, who because of such activity is required under the provisions of West Virginia Code Chapter 47, Article 7A to obtain a license from the Commissioner of Banking of the State of West Virginia and upon each and every industrial loan company the tax shall be one percent (1%) of the gross income of such activity. Persons subject to the provisions of this section shall, on and after the first day of July 1971, be subject to the provisions of Section 755.02(j).
(j) Commercial Banking Institutions. Upon every person engaging or continuing within the City in the business of banking or financial business the tax shall be equal to one percent (1%) of the gross income received from interest, premiums, discounts, dividends, service fees or charges, commissions, fines, rents from real or tangible property, however denominated, royalties, charges or fees and receipts from the sale of tangible personal property; provided however that gross income shall not include:
(1) Interest received on the obligations of the United States, its agencies and instrumentalities.
(2) Interest received on the obligations of this or any other state, territory or possession of the United States, or any political subdivision of any of the foregoing or of the District of Columbia.
(3) Interest received on investments or loans primarily secured by the first mortgages or deeds of trust on residential property occupied by nontransients; provided, however, that all interest derived on activities exempt under this subparagraph (3) shall be reported, as to amounts on the return of a person taxable under the provisions of this section.
(Ord. 2015-02. Passed 3-12-15.)
(Ord. 2015-02. Passed 3-12-15.)