For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ASSOCIATION. A partnership, limited partnership, or any other form of unincorporated enterprise, owned by two or more persons.
BOARD OF REVIEW. The board created by and constituted as provided in § 40.13.
BUSINESS. An enterprise, activity, profession, or undertaking of any nature conducted for profit or ordinarily conducted for profit, whether by an individual, co-partnership, association, corporation or any other activity.
BUSINESS ALLOCATION. The portion of net profits to be allocated to the village as having been made therein pursuant to § 40.03.
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.
EMPLOYEE. One who works for wages, salary, commission, or other types of compensation in the service of an employer. Any person upon whom an employer is required to withhold for either federal income or social security or on whose account payments are made under the worker's compensation law shall prima facie be an employee.
EMPLOYER. An individual, co-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.
GROSS RECEIPTS. Income from any source whatsoever, excepting intangible and capital gains from the sale of property used in the trade or business as defined in Section 1231-B, Internal Revenue Code.
INCOME TAX COMMISSIONER. The Income Tax Commissioner of the income tax department of the village, or the person executing the duties of the aforesaid Commissioner.
NET PROFITS. The net gain from the operation of a business, profession, or enterprise, including rental projects after provision for all costs and expenses incurred in the conduct thereof, including reasonable allowance for depreciation, depletion, amortization, and reasonable additions to reserves for bad debts, either paid or accrued in accordance with recognized principles of accounting applicable to the method of accounting regularly employed, and without deduction for salaries paid to partners or other owners, all in accordance with the accounting system used by the taxpayer for federal income tax purposes.
NONRESIDENT. A person, whether an individual, association, corporation, or other entity, domiciled outside the village.
OTHER ENTITY. A person or unincorporated body not previously named or defined and includes, inter alia, fiduciaries.
PERSON. Every natural person, co-partnership, fiduciary, association, or corporation or other entity; whenever used in any clause prescribing and imposing a penalty, the term person as applied to associations, 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 employees regularly in attendance. A taxpayer does not have a regular place of business outside the village solely by consigning goods to an independent factor or other contractor outside of the village for sale.
RESIDENT. A person, whether an individual, association, corporation, or other entity, domiciled in the village.
TAXABLE YEAR. The calendar year, or fiscal year ending during such calendar year, upon the basis of which the net profits are to be computed under this ordinance and, in the case of a return for a fractional part of a year, the period for which such return is made. Unless approved by the Income Tax Commissioner, the taxable year of an individual shall be a calendar year.
TAXPAYER. An association, business, corporation, employer person, or other entity required by this chapter to file a return on earnings or net profits or to pay a tax thereon.
(Ord. 1973-7-14, passed 9-11-73)