(A) For the purpose of this chapter the following words and phrases shall have the following meanings ascribed to them respectively, except as and if the context clearly indicates or requires a different meaning.
ADJUSTED FEDERAL TAXABLE INCOME. Any 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 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.
ASSOCIATION. A partnership, limited partnership, limited liability company, S corporation or any other form of unincorporated enterprise, owned by one or more persons.
BOARD OF REVIEW. The Board created by and constituted as provided for in § 44.13.
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, including but not limited to the renting or leasing of property, real, personal or mixed.
CORPORATION. A corporation 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 except those that are treated as an association for purposes of this chapter.
DOMICILE. A principal residence that the taxpayer intends to use for an indefinite time and to which whenever he is absent he intends to return. A taxpayer has only one domicile even though he may have more than one residence.
EMPLOYEE. One who works for wages, salary, commission, or other types of compensation in the services of an 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, or other compensation basis.
FISCAL YEAR. An accounting period of 12 months ending on any day other than December 31.
FORM 2106. Internal Revenue Service Form 2106 filed by a taxpayer pursuant to the Internal Revenue Code.
GENERIC FORM. An electronic or paper form designed for reporting estimated municipal income taxes and annual municipal income tax liability or for filing a refund claim that is not prescribed by a particular municipal corporation for the reporting of that municipal corporation's tax on income. Any municipality that requires taxpayers to file income tax returns, reports, or other documents shall accept for filing a generic form of such a return, report, or document if the generic form, once completed and filed, contains all of the information required to be submitted with the municipality's prescribed returns, reports, or documents.
GROSS RECEIPTS. Total income of taxpayers from whatever source derived.
INCOME FROM A PASS-THROUGH ENTITY. Partnership income of partners, membership interest of members of a limited liability company, distributive
shares of shareholders of an S corporation, or other distributive or proportionate ownership shares of income from other pass-through entities.
INTANGIBLE INCOME. Income of any of the following types: income yield, interest, capital gains, dividends, or other income arising from the ownership, sale, exchange, or other disposition of intangible property including, but not limited to, investments, deposits, money, or credits as those terms are defined in Chapter 5701 of the Ohio Revised Code, and patents, copyrights, trademarks, tradenames, investments in real estate investment trusts, investments in regulated investment companies, and appreciation on deferred compensation. INTANGIBLE INCOME does not include prizes, awards, or other income associated with any lottery winnings or other similar games of chance.
INTERNAL REVENUE CODE. The Internal Revenue Code of 1986, 100 Stat. 2085, 26 U.S.C. 1, as amended.
INTERNET. The international computer network of both federal and nonfederal interoperable packet switched data networks, including the graphical subnetwork known as the world wide web.
JOINT ECONOMIC DEVELOPMENT DISTRICT. Districts created under the Ohio Revised Code §§ 715.70 through 715.83, as amended from time to time.
LIMITED LIABILITY COMPANY. A limited liability company formed under Chapter 1705 of the Ohio Revised Code or under the laws of another state.
MUNICIPALITY. The City of Montgomery, Ohio.
NET PROFIT. For a taxpayer other than an individual means adjusted federal taxable income and NET PROFIT for a taxpayer who is an individual means the individual's profit, other than amounts described in § 44.03(F), required to be reported on Schedule C, Schedule E, or Schedule F.
NONQUALIFIED DEFERRED COMPENSATION PLAN. A compensation plan described in Section 3121(v)(2)(C) of the Internal Revenue Code.
NONRESIDENT. An domiciled outside the municipality.
NONRESIDENT INCORPORATED BUSINESS ENTITY. An incorporated business entity not having an office or place of business within the municipality.
NONRESIDENT UNINCORPORATED BUSINESS ENTITY. An unincorporated business entity not having an office or place of business within the municipality.
OTHER PAYER. Any person, other than an individual's employer or the employer's agent, that pays an individual any amount included in the federal gross income of the individual.
OWNER. A partner of a partnership, a member of a limited liability company, a shareholder of an S corporation, or other person with an ownership interest in a pass-through entity.
OWNER'S PROPORTIONATE SHARE. With respect to each owner of a pass-through entity, means the ratio of the owner's income from the pass-through entity that is subject to taxation by the municipal corporation, to the total income from that entity of all owners whose income from the entity is subject to taxation by that municipal corporation.
PARTNERSHIP. An association of two or more persons to carry-on as co-owners a business for profit and including such an association that has limited liability under R.C. § 1775.61, its successor statute, or similar statute of another state.
PASS-THROUGH ENTITY. A partnership, limited liability company, S corporation, or any other class of entity the income or profits from which are given pass-through treatment under the Internal Revenue Code.
PERSON. Individuals, firms, companies, business trusts, estates, trusts, partnerhips, limited liability companies, associations, corporations, governmental entities, and any other entity. Wherever used in any clause prescribing or imposing a penalty, the term "person" as applied to an unincorporated entity, shall mean 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 regular employees and/or agents, regularly in attendance.
PRINCIPAL PLACE OF BUSINESS. In the case of an employer having headquarters' activities at a place of business within a taxing municipality, the place of business at which the headquarters is situated. In the case of any employer not having its headquarters' activities at a place of business within a taxing municipality, the term means the largest place of business located in a taxing municipality.
QUALIFIED PLAN. A retirement plan satisfying the requirements under Section 401 of the Internal Revenue Code as amended.
QUALIFYING WAGES. Wages, as defined in Section 3121(a) of the Internal Revenue Code, without regard to any wage limitations, adjusted in accordance with R.C. § 718.03(A).
RESIDENT. An individual domiciled in the municipality.
RESIDENT INCORPORATED BUSINESS ENTITY. An incorporated business entity whose office, place of operations or business situs is within the municipality.
RESIDENT UNINCORPORATED BUSINESS ENTITY. An unincorporated business entity having an office or place of business within the municipality.
RETURN PREPARER. 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.
S CORPORATION. A corporation that has made an election under subchapter S of Chapter 1 of subtitle A of the Internal Revenue Code for its taxable year.
SCHEDULE C. Internal Revenue Service Schedule C filed by a taxpayer pursuant to the Internal Revenue Code.
SCHEDULE E. Internal Revenue Service Schedule E filed by a taxpayer pursuant to the Internal Revenue Code.
SCHEDULE F. Internal Revenue Service Schedule F filed by a taxpayer pursuant to the Internal Revenue Code.
TAX COMMISSIONER. The Tax Commissioner of the municipality or the person authorized to execute the duties of the Commissioner.
TAXABLE INCOME. Qualifying wages paid by an employer or employers, compensation for personal services, other income defined by statute as taxable, and/or adjusted federal taxable income from the operation of a business, profession, or other enterprise or activity adjusted in accordance with the provisions of this chapter.
TAXABLE 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 such return is required to be made.
TAXING MUNICIPALITY. A municipality levying a tax on income earned by nonresidents working within such municipality or on income earned by its residents.
TAXPAYER. A person subject to a tax on income levied by a municipal corporation. TAXPAYER does not include any person that is a
disregarded entity or a qualifying subchapter S subsidiary for federal income tax purposes, but "taxpayer" includes any other person who owns the disregarded entity or qualifying subchapter S subsidiary.
(B) The singular shall include the plural, and the masculine shall include the feminine and the neuter.
(Ord. 1-1972, passed 1-5-72; Am. Ord. 1-2001, passed 1-24-01; Am. Ord. 1-2005, passed 1-5-05)