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For the purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
“APPLICANT.” An employer or business entity required to file an occupational license tax return.
“BUSINESS ENTITY.” Each separate corporation, limited liability company, business development corporation, partnership, limited partnership, sole proprietorship, association joint stock company, receivership, trust, professional service organization or other legal entity through which business is conducted.
“CITY.” The City of Murray, Kentucky.
“COMPENSATION.” Wages, salaries, commissions, or any other form of remuneration paid or payable by an employer for services performed by an employee, which are required to be reported for Federal income tax purposes and adjusted to Include the following:
(1) Any amounts contributed by an employee to any retirement, profit sharing, or deferred compensation plan, which are deferred for Federal income tax purposes under a salary reduction agreement or similar arrangement, including but not limited to salary reduction arrangements under Sections 401(a), 401(k), 402(c), 403(a), 403(b), 40B, 414(h), or 457 of the Internal Revenue Code; and
(2) Any amounts contributed by an employee to any welfare benefit, fringe benefit, or other benefit plan made by salary reduction or other payment method which permits employees to elect to reduce Federal taxable compensation under the Internal Revenue Code, Including, but not limited to, Sections 125 and 132 of the Internal Revenue Code.
“EMPLOYEE.” Any person who renders services to an employer or any business entity for compensation, including but not limited to: an officer of a corporation and any officer, employee, or elected official of the United States, a state, or any political subdivision of a state, or any agency of instrumentality of any one (1) or more of the above. A person classified as an independent contractor under the Internal Revenue Code shall not be considered an employee.
“EMPLOYER.” The person or business entity for whom an individual performs or performed any service, of whatever nature, as the employee of such person or business entity, except that
(1) If the person or business entity for whom the individual performs or performed the services does not have control of the payment of the wages for such services, the term employer means the person or business entity having control of the payment of such wages; and
(2) In the case of a person or business entity paying wages on behalf of a nonresident alien individual, foreign partnership, or foreign corporation, not engaged in trade or business within the United States, the term employer means such person or business entity.
“FINANCE DEPARTMENT.” The City of Murray Finance Department.
“FISCAL YEAR.” An accounting period of twelve (12) months ending on the last day of any month other than December.
“INTERNAL REVENUE CODE.” The Internal Revenue Code in effect on December 31, 2008, as amended exclusive of any amendments made subsequent to that date, other than amendments that extend provisions in effect on December 31, 2017, that would otherwise terminate.
“GROSS EARNINGS.” The amount of wages earned prior to the application of any tax deductions or adjustments.
“PERSON.” Person means every natural person, whether a resident or non-resident of the city. Whenever the word “PERSON” is used in a clause prescribing and imposing a penalty in the nature of a fine or imprisonment, the word, as applied to a partnership or other form of unincorporated enterprise, shall mean the partners or members thereof, and as applied to corporations, shall mean the officers and directors thereof.
“REAL PROPERTY.” All types of real estate including commercial property, residential property and farm property.
“RETURN OR REPORT.” Any properly completed and, If required, signed form, statement, certification, declaration, or any other document permitted or required to be submitted or filed with the city.
“TAX DISTRICT.” Any city of the home rule class, county, urban county, charter county, consolidated local government, school district, special taxing district, or any other statutorily created entity with the authority to levy net profits, gross receipts or occupational license taxes.
“TAXABLE YEAR.” The calendar year or fiscal year ending during the calendar year, upon the basis of which net profit is computed.
(Ord. 2017-1743, passed 8-24-17)