(a) As used in this chapter, the following words shall have the meaning ascribed to them in this section, except as and if 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 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.
BOARD OF REVIEW. The Board created by and constituted as provided for in § 181.13 of this chapter.
BUSINESS. An enterprise, activity, profession or undertaking of any nature conducted for profit or ordinarily conducted for profit, whether by an individual, partnership, association, corporation or any other entity.
CORPORATION. A corporation or joint stock association, including Chapter S corporations as defined in the federal tax code, 26 U.S.C. § 1361, organized under the laws of the United States, the state, or any other state, territory or foreign country or dependency.
DEPENDENT. A person claimed by a resident as an exemption on the resident's annual federal income tax form and defined by the Internal Revenue Service.
DOMICILE. The permanent legal residence of a taxpayer. A taxpayer may have more than one residence but not more than one DOMICILE.
EMPLOYEE. One who receives wages, salary, commissions, other types of compensation or other income in the services of any employer.
EMPLOYER. An individual, partnership, association, corporation, governmental body, unit, or agency, or any other entity, whether or not organized for profit, who or that employs one or more persons on a salary, wage, commission, other compensation or other income basis.
FISCAL YEAR. An accounting period of 12 months ending on any day other than December 31.
GROSS RECEIPTS. The total revenue derived from sales, work done or service rendered, before any deductions, exceptions or credits are claimed.
INCOME. Shall include all moneys derived from any source whatsoever, including, but not limited to:
A. All salaries, wages, commissions, other compensation and other income from whatever source received by residents of the municipality;
B. All salaries, 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 municipality; and
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 municipality.
MUNICIPALITY. The City of Mason, Ohio.
NET PROFITS. For taxable years prior to 2004, the net gain from all operations including those pertaining to capital gains and losses of a business, profession or enterprise after provision for all ordinary and necessary expenses, except taxes imposed by this chapter, and federal and other taxes based on income, paid or accrued in accordance with the accounting system (i.e., either cash or accrual) used by the taxpayer for federal income tax purposes, and, in the case of an association, without deduction of salaries paid to partners or the owners, and as otherwise adjusted to the requirements of this chapter and the rules and regulations promulgated by the Tax Commissioner. (For taxable years 2004 and later, see ADJUSTED FEDERAL TAXABLE INCOME.) NET PROFITS shall include any amount or value received, realized, or recognized in a sale or other disposition of tangible personal property or real property used in business, in excess of book value.
NON-RESIDENT. An individual domiciled outside the municipality.
NON-RESIDENT UNINCORPORATED BUSINESS ENTITY. An unincorporated business entity not having a place of business within the municipality.
PERSON. Every natural person, partnership, fiduciary, association, corporation or other entity. Whenever used in any clause prescribed and imposing a penalty, the term PERSON as applied to any association shall include the partners or members thereof, and as applied to corporations, the officers thereof.
PLACE OF BUSINESS. Any bona fide office (other than a mere statutory office), factory, warehouse or other space which is occupied and used by the taxpayer in carrying on any business activity, individually or through one or more of his or her employees, regularly in attendance.
QUALIFYING WAGE. Wages as defined in § 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, for taxable years 2004 and later.
RESIDENT. An individual domiciled in the municipality.
RESIDENT UNINCORPORATED BUSINESS ENTITY. An unincorporated business entity having a place of business within the municipality.
TAX 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 the return is required to be made.
TAX COMMISSIONER. The Tax Commissioner of the municipality or the person executing the duties of the aforesaid Commissioner.
TAXPAYER. A person, whether an individual, partnership, association, corporation or other entity, required by this chapter to file a return or pay a tax.
TAXABLE INCOME. Income minus the deductions and credits allowed by this chapter. (See INCOME.)
(b) The singular shall include the plural, and the masculine shall include the feminine and the neuter.
(Ord. 2004-154, passed 12-13-2004; Ord. 2012-81, passed 11-26-2012)