(a) Method of Determination.
(1) In the taxation of income which is subject to the Village income tax if the books and records of a taxpayer conducting a business or profession within and without the boundaries of the Village of Newburgh Heights shall disclose with reasonable accuracy what portion of its net profit is attributable to that part of the business or profession conducted within the boundaries of the Village, then only such portion shall be considered as having a taxable situs in the Village for the purposes of municipal income taxation. The portion of the entire net profits of a taxpayer to be allocated as having been derived from within the Village, in the absence of actual records thereof, shall be determined as follows:
A. Multiply the entire net profits by a business allocation percentage to be determined by a three-factor formula of property, payroll, and sales, each of which shall be given equal weight, as follows:
1. The average net book value of the real and tangible personal property owned or used by the taxpayer in the business or profession in the Village during the taxable period to the average net book value of all the real and tangible personal property owned or used by the taxpayer in the business or profession during the same period, wherever situated.
As used in the preceding paragraph, real property shall include property rented or leased by the taxpayer and the value of such property shall be determined by multiplying the annual rental thereon by eight.
2. Wages, salaries, and other compensation paid during the taxable period to persons employed in the business or profession for services performed in the Village, to wages, salaries, and other compensation paid during the same period to persons employed in the business or profession, wherever their services are performed.
3. Gross receipts of the business or profession from sales made and services performed during the taxable period in the Village, to gross receipts of the business or profession during the same period from sales and services, wherever made or performed.
In the event that the foregoing allocation formula does not produce an equitable result, another basis may, under uniform regulations, be substituted as to produce such result.
(b) Sales Made in the Village. As used in subsection (a)(1)A.3. hereof "sales made in the Village of Newburgh Heights" means:
(1) All sales of tangible personal property which is delivered within the Village regardless of where title passes if shipped or delivered from a stock of goods within the Village.
(2) All sales of tangible personal property which is delivered within the Village regardless of where title passes even though transported from a point outside the Village if the taxpayer is regularly engaged through its own employees in the solicitation or promotion of sales within the Village and the sales result from such solicitation or promotion.
(3) All sales of tangible personal property which is shipped from a place within the Village to purchasers outside of the Village regardless of where title passes if the taxpayer is not, through its own employees, regularly engaged in the solicitation or promotion of sales at the place where delivery is made.
(c) Total Allocation. Add together the percentages determined in accordance with subsection (a)(1)A. or such of the aforesaid percentages as are applicable to the particular taxpayer and divide the total so obtained by the number of percentages used in deriving such total in order to obtain the business allocation percentage referred to in Section 181.05
.
A factor is applicable even though it may be allocable entirely in or outside the Village.
(Ord. 1968-13. Passed 6-25-68.)
(d) Rentals.
(1) Rental income received by a taxpayer shall be included in the computation of net profits from business activities under Section 181.03, only if and to the extent that the rental, ownership, management or operations of the real estate from which such rentals are derived (whether so rented, managed or operated by a taxpayer individually or through agents or other representatives) constitutes a business activity of the taxpayer in the whole or in part.
(2) Where the gross monthly rental of any and all real properties, regardless of number and value, aggregates in excess of two hundred fifty dollars ($250.00) per month, it shall be prima-facie evidence that the rental, ownership, managment or operation of such properties is a business activity of such taxpayer, and the net income of such rental property shall be subject to tax; provided that in the case of commercial property, the rental is based on a fixed or fluctuating percentage of gross or net sales, receipts of profits of the lessee, whether or not such rental exceeds two hundred fifty dollars ($250.00) per month; provided further that in the case of farm property, the owner shall be considered engaged in a business activity when he shares in crops or when the rental is based on a percentage of the gross or net receipts derived from the farm, whether or not the gross income exceeds two hundred fifty dollars ($250.00) per month; and provided further that the person who operates a licensed rooming house shall be considered in business whether or not the gross income exceeds two hundred fifty dollars ($250.00) per month.
(Ord. 1973-33. Passed 11-20-73.)
(e) Operating Loss Carry Forward.
(1) The portion of a net operating loss sustained in any taxable year subsequent to July 1, 1968 allocable to the Village may be applied against the portion of the profit of succeeding tax years allocable to the Village, until exhausted but in no event for more than five taxable years immediately following the year in which the loss occurred. No portion of a net operating loss shall be carried back against net profits of any prior year.
(2) The portion of net operating loss sustained shall be allocated to the Village in the same manner as provided herein for allocating net profits to the Village.
(3) The Clerk-Treasurer shall provide by Rules and Regulations the manner in which such net operating loss carry forward shall be determined.
(Ord. 1968-13. Passed 6-25-68.)