As used in this chapter, the following words shall have the meaning ascribed to them in this section, except as and if the context clearly indicates or requires a different meaning:
(a) “Taxpayer” means a person, whether an individual, partnership, corporation, association or other entity, required hereunder to file a return or to pay a tax hereunder. (Ord. 77-9. Passed 11-7-77.)
(b) “Tax Clerk” means the individual designated by this chapter, whether appointed or elected, to administer and enforce the provisions of this chapter.
(Ord. 81-2. Passed 1-5-81.)
(c) “Association” means a partnership, limited partnership, or any other form of unincorporated enterprise, owned by two or more persons.
(d) “Business” means an enterprise, activity, profession or undertaking of any nature conducted for profit or ordinarily conducted for profit, whether by an individual, partnership, limited partnership, corporation, association or any other entity.
(e) “Corporation” means a corporation or joint stock association organized under the laws of the United States, the State of Ohio, or any other state, territory, foreign country or dependency.
(f) “Employee” means one who works for wages, salary, commission or other type of compensation in the service of an employer.
(g) “Employer” means 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.
(h) “Gross receipts” means the total income from any source whatsoever.
(i) “Net profits” means the net gain from the operation of a business, profession or enterprise after provisions for all cost and expense incurred in the conduct thereof, including reasonable allowance for depreciation, depletion, amortization and reasonable additions to reserve 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 of federal taxes based on income, and without deducting taxes imposed by this chapter.
(j) “Non-resident” means an individual, partnership, limited partnership, corporation, association or other entity domiciled outside the City.
(k) “Other entity” means any persons or unincorporated body not previously named or defined and includes among other things, fiduciaries located within the City.
(l) “Person” means every natural person, partnership, limited partnership, corporation, fiduciary, or association. Whenever used in any clause prescribing and imposing a penalty, the term “person” as applied to any association, shall mean the partners or members thereof, and as applied to a corporation, the officers thereof.
(m) “Place of business” means 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 regularly in attendance.
(n) “Resident” means an individual, partnership, limited partnership, corporation, association or other entity domiciled in the City.
(o) “Taxable income” means wages, salaries, and other compensation paid by an employer or employers before any deductions and/or the net profits from the operation of a business, profession or other enterprise or activity adjusted in accordance with the provisions of this chapter.
(p) “Taxable year” means 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.
The singular shall include the plural and the masculine shall include the feminine and the neuter. (Ord. 77-9. Passed 11-7-77.)
(q) Income, including but not limited to salaries, qualifying wages, bonuses and incentive payments earned by an individual, whether directly or through an agent, and whether in cash and/or in property for services rendered during the tax period as an officer, director or employee of a corporation (including charitable and other non-profit organizations), or association or any other entity or person; an officer or employee (whether elected, appointed, or commissioned) of the United States Government or any of its agencies or of the State of Ohio or any of its political subdivisions or agencies thereof; or any foreign country or dependency.
A. “Qualifying wages” means wages, as defined in Section 3121(a) of the Internal Revenue Code, without regard to any wage limitations, adjusted as follows:
1. Deduct any amount included in wages if the amount constitutes compensation attributable to a plan or program described in Section 125 of the Internal Revenue Code.
2. Add the following amounts:
a. Any amount not included in wages solely because the employee was employed by the employer prior to April 1, 1986;
b. Any amount not included in wages because the amount arises from the sale, exchange, or other disposition of a stock option, the exercise of a stock option, or the sale, exchange, or other disposition of stock purchased under a stock option. This sub-paragraph applies only to those amounts constituting ordinary income.
c. Any amount not included in wages if the amount is an amount described in Section 401(k) or 457 of the Internal Revenue Code. This sub-paragraph applies only to employee contributions and employee deferrals.
d. Any amount that is supplemental unemployment compensation benefits described in Section 3402(o)(2) of the Internal Revenue Code and not included in wages.
B. The definition for “qualifying wage” is effective for taxable years beginning after 2003.
(r) The employer is not required to make any withholding with respect to an individual’s disqualifying disposition of an incentive stock option if, at the time of the disqualifying disposition, the individual is not an employee of the corporation with respect to whose stock the option has been issued. However, if an incentive stock option is exercised as a disqualifying disposition, the income is then considered ordinary income (vs. capital gains) and therefore is subject to Medicare, and consequently subject to tax by the Village of New Lexington, Ohio.
(s) On all income derived anywhere from lottery, gambling and sports winnings, and games of chance by residents of the Village of New Lexington, Ohio. No deductions shall be allowed against these sources of income. However, if the taxpayer is considered a professional gambler for federal income tax purposes, related deductions as permitted by the Internal Revenue Code shall be allowed against gambling and sports winnings.
(Ord. 15-23. Passed 11-24-15.)