(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.
(1) "Adjusted Federal Taxable Income" means 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 Revised Code (ORC) Section 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.
(2) "Administrator" means the individual designated by the chapter, appointed to administer and enforce the provisions of the chapter.
(3) "Association" means a partnership, limited partnership, limited liability company, or any other form of unincorporated enterprise.
(5) "Business" means 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, including but not limited to the renting or leasing of property; real, personal or mixed.
(6) "City" means the City of Milford, Ohio.
(7) "Corporation" means a corporation, including Chapter S Corporations as defined in the federal tax code, 26 U.S.C. 1361, or joint stock association organized under the laws of the United States, the State of Ohio, or any other state, territory, or foreign country or dependency.
(8) "Domicile" means the permanent legal residence of a taxpayer. An individual may have more than one residence but not more than one domicile.
(9) "Employee" means one who works for income, wages, salary, commission or other type of compensation in the service of and under the control of an employer.
(10) "Employer" means 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 income, salary, wage, commission or other compensation.
(11) "Fiscal year" means an accounting period of twelve months or less, ending on any day other than December 31st.
(12) "Generic form" means 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 Milford'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.
(13) "Gross receipts" means the total revenue derived from sales, work done, or service rendered.
(14) "Income" means all monies, subject to limitations imposed by ORC 718, derived from any source whatsoever, including but not limited to:
A. All income, qualifying wages, commissions, other compensation and other income from whatever source received by residents of Milford.
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 Milford.
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 Milford.
(15) "Net profits", for taxable years prior to 2004, means a net gain from the operation of a business, profession, enterprise or other activity after provision for all ordinary and necessary expenses, either paid or accrued in accordance with the accounting system (i.e., either cash or accrual) used by the taxpayer for Federal income tax purposes, without deduction of taxes imposed by this chapter, Federal, State and other taxes based on income; 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".)
(16) "Non-resident" means an individual domiciled outside the City of Milford.
(17) "Non-resident unincorporated business entity" means an unincorporated business entity not having an office or place of business within the City of Milford.
(18) "Organization" means a corporation for profit or not for profit, a partnership, limited partnership, joint venture, unincorporated association, estate, trust or other commercial or legal entity. Organization does not include an entity organized as or by a governmental agency for the execution of a governmental program.
(19) "Other Payer" means 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.
(20) "Person" means every natural person, partnership, fiduciary, association, corporation or other entity. Whenever used in any clause prescribing and imposing a penalty, the term "person" as applied to any association, shall mean the partners or members thereof, and as applied to corporations, the officers thereof.
(21) "Place of business" means 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 regular employees regularly in attendance.
(22) "Qualifying wage" means 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 of Milford. This definition is effective January 1, 2004, for taxable years 2004 and later.
(23) "Resident" means a person, whether an individual, partnership, association, corporation, or other entity, domiciled inside the City.
(24) "Resident unincorporated business entity" means an unincorporated business entity having an office or place of business within the City of Milford.
(25) "Return Preparer" means 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.
(26) "Rules and regulations" means the rules and regulations as set forth in this Chapter and which are incorporated as the rules of interpretation of this chapter.
(27) "Taxable income" means income minus the deductions and credits allowed by this ordinance. (See "Income" definition.).
(28) "Taxable year" means the calendar year, or the fiscal year upon the basis of which the 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.
(29) "Taxpayer" means a person, whether an individual, partnership, association, or any corporation or other entity or organization, required hereunder to file a return or pay a tax.
(b) The singular shall include the plural, and the masculine shall include the feminine and the neuter. (Ord. 04-346. Passed 1-6-04.)