(1) On all salaries, lottery winnings in excess of six hundred dollars ($600.00), wages, commissions and other compensation earned during the effective period of this chapter by residents of this municipality.
(Ord. 665. Passed 3-1-04.)
(2) On all salaries, wages, commissions and other compensation earned during the effective period of this ordinance by non-residents for work done or services performed or rendered in this municipality.
(3) A. On the portion attributable to this municipality of the net profits earned during the effective period of this chapter of all resident unincorporated businesses, professions or other entities, derived from sales make, work done, services performed or rendered and business or other activities conducted in this municipality.
B. On the portion of the distributive share of the net profits earned during the effective period of this chapter of a resident partner or owner of a resident unincorporated business entity not attributable to this municipality and not levied against such unincorporated business entity by this municipality.
(4) A. On the portion attributable to this municipality of the net profits earned during the effective period of this chapter of all non-resident unincorporated businesses, professions or other entities, derived from sales made, work done or services performed or rendered and business or other activities conducted in this municipality, whether or not such unincorporated business entity has an office or place of business in this municipality.
B. On the portion of the distributive share of the net profits earned during the effective period of this chapter of a resident partner or owner of a non-resident unincorporated business entity not attributable to this municipality and not levied against such unincorporated business entity by this municipality.
(5) On the portion attributable to this municipality of the net profits earned during the effective period of this chapter of all corporations derived from sales made, work done, services performed or rendered and business or other activities conducted in this municipality, whether or not such corporations have an office or place of business in this municipality.
(6) A. For non-resident licensed real estate agents who are nonemployees or independent contractors (i.e. non-employee agents, or independent agents) municipal income tax is hereby imposed on all income (commission or otherwise) earned as a result of the sale of real property located within the Village of Metamora at the current rate of taxation. This tax shall be imposed on the agent’s income resulting from the sale of property that is physically located within the taxing community, regardless of where the office or offices of the agent is or are located.
B. For non-resident license real estate agents who are employees of a real estate brokerage or real estate company, the municipal income tax is hereby imposed on any salary, commission or other compensation earned, as a result of the employer’s maintenance of an office in the Village of Metamora.
(Ord. 588. Passed 6-4-01.)
(b) Allocation Formula. The portion of the net profits attributable to this municipality of a taxpayer conducting a business, profession or other activity both within and without the boundaries of this municipality shall be determined as provided in Section 718.02 of the Revised Code of Ohio and in accordance with the rules and regulations adopted by the Administrator pursuant to this chapter.
(c) Operating Loss Carry Forward.
(1) The portion of a net operating loss sustained in any taxable year subsequent to (effective date of first ordinance permitting loss carry-forwards) allocable to this municipality may be applied against the portion of the profit of succeeding year(s) allocable to this municipality, until exhausted but in no event for more than five (5) taxable years. No portion of a net operating loss shall be carried back against net profits of any prior years.
(2) The portion of a net operating loss sustained shall be allocated to this municipality in the same manner as provided herein for allocating net profits to this municipality.
(3) The Administrator shall provide by Rules and Regulations the manner in which such net operating loss carry-forward shall be determined.
(d) Consolidated Returns.
(1) Filing of consolidated returns may be permitted, required or denied in accordance with Rules and Regulations prescribed by the Administrator.
(2) In the case of a corporation that carries on transactions with its stockholders or with other corporations related by stock ownership, interlocking directorates, or some other method, or in case any person operates a division, branch, factory, office, laboratory or activity within this municipality constituting a portion only of its total business, the Administrator shall require such additional information as he may deem necessary to ascertain whether net profits are properly allocated to this municipality. If the Administrator finds net profits are not properly allocated to this municipality by reason of transactions with stockholders or with other corporations related by stock ownership, interlocking directories, or transactions with such division, branch, factory, office laboratory or activity or by some other method, he shall make such allocation as he deems appropriate to produce a fair and proper allocation of net profits to this municipality.
(e) Exceptions. The provisions of this chapter shall not be construed as levying a tax upon the following income:
(1) Military pay or allowances of members of the armed forces of the United States, or income of religious, fraternal, charitable, scientific, literary or educational institutions to the extent that such income is derived from tax exempt real estate, tax exempt tangible or intangible property or tax exempt activities;
(2) Poor relief, unemployment insurance benefits, old age pensions or similar payments including disability benefits received from local, state or federal governments or charitable, religious or educational organizations;
(3) Proceeds of insurance paid by reason of the death of the insured; pensions, disability benefits, annuities or gratuities not in the nature of compensation for services rendered from whatever source derived.
(4) Receipts from seasonal or casual entertainment, amusements, sports events and health and welfare activities when any such are conducted by bona fide charitable, religious or education organizations and associations;
(5) Alimony received; (Ord. 340. Passed 10-5-92.)
(6) Personal earnings of any natural person under eighteen (18) years of age;
(Ord. 646. Passed 10-6-03.)
(7) Compensation for personal injuries or for damages to property by way of insurance or otherwise;
(8) Ohio Intangible Tax Law, dividends and other revenue from intangible property.
(9) Gains from involuntary conversion, cancellation of indebtedness, interest on federal obligations, items of income already taxed by the State which the Village is specifically prohibited from taxing, and income of a decedent's estate during the period of administration, except such income from the operation of a business;
(10) Salaries, wages, commissions and other compensation and net profits, the taxation of which is prohibited by the United States Constitution or any act of Congress limiting the power of the states or their political subdivisions to impose net income taxes on income derived from interstate commerce;
(11) Salaries, wages, commissions and other compensation and net profits, the taxation of which is prohibited by the Constitution of the State or any act of the Ohio General Assembly limiting the power of the Village to impose net income tax. (Ord. 340. Passed 10-5-92.)