(A) Except as provided in divisions (B) and (E) of this section, every person or business entity engaged in any business for profit and any person or business entity that is required to make a filing with the Internal Revenue Service or the Kentucky Revenue Cabinet shall be required to file and pay to the city an occupational license tax for the privilege of engaging in such activities within the city. The occupational license tax shall be measured by one percent (1%) of:
(1) All wages and compensation paid or payable in the city for work done or services performed or rendered in the city by every resident and nonresident who is an employee;
(2) The net profit from business conducted in the city by a resident or nonresident business entity.
(B) All partnerships, S corporations, and all other entities where income is passed through" to the owners are subject to this chapter. The occupational license tax imposed in this chapter is assessed against income before it is passed through" these entities to the owners.
(C) If any business entity dissolves, ceases to operate, or withdraws from the city during any taxable year, or if any business entity in any manner surrenders or loses its charter during any taxable year, the dissolution, cessation of business, withdrawal, or loss or surrender of charter shall not defeat the filing of returns and the assessment and collection of any occupational license tax for the period of that taxable year during which the business entity had business activity in the city. (KRS 67.763)
(D) If a business entity makes, or is required to make, a federal income tax return, the occupational license tax shall be computed for the purposes of this chapter on the basis of the same calendar or fiscal year required by the federal government, and shall employ the same methods of accounting required for federal income tax purposes.
(E) The occupational license tax imposed in this section shall not apply to the following persons or business entities:
(1) Any bank, trust company, combined bank and trust company, combined trust, banking and title insurance company organized and doing business in this state, any savings and loan association whether state or federally chartered;
(2) Any compensation received by members of the Kentucky National Guard for active duty training, unit training assemblies and annual field training;
(3) Any compensation received by precinct workers for election training or work at election booths in state, county, and local primary, regular, or special elections;
4) Public service corporations that pay an ad valorem tax on property valued and assessed by the Kentucky Department of Revenue pursuant to the provisions of KRS 136.120. Licensees whose businesses are predominantly non-public service who are also engaged in public service activity are required to pay a license fee on their net profit derived from the non-public service activities apportioned to the city;
(5) Persons or business entities that have been issued a license under KRS Chapter 243 to engage in manufacturing or trafficking in alcoholic beverages. Persons engaged in the business of manufacturing or trafficking in alcoholic beverages are required to file a return, but may exclude the portion of their net profits derived from the manufacturing or trafficking in alcoholic beverages;
(6) Insurance companies incorporated under the laws of and doing business in the Commonwealth of Kentucky, except as provided in KRS 91A.080;
(7) Any profits, earnings, or distributions of an investment fund which would qualify under KRS 154.20-250 to 154.20-284 to the extent any profits, earnings, or distributions would not be taxable to an individual investor;
(8) All natural persons sixty-five (65) years of age and older shall be exempt from the provision of the occupational tax of salaries, wages, commissions, or other compensation earned by such persons in the city for work done or services performed or rendered in the city, and shall be exempt from the provisions of the net profits sections of this chapter to the extent of the first two thousand dollars ($2,000.00) of net profits of any business, trade, occupation or profession conducted in the city.
(9) Compensation received for the renting or leasing of two (2) or less residential rental units shall be exempt from the occupational/net profit tax.
(10) A person engaged in agricultural business (raising crops and livestock) who employs less than five employees on regular time basis (four hundred fifty (450) hours during a quarter), may file a return and pay withholding tax at the end of the taxable year.
(11) Any persons qualifying under KRS 68.197.
(KRS 67.765) (Ord. 2000-1, passed 2-21-00; Am. Ord. 2008-3, passed 5-29-08)