§ 38.004 IMPOSITION OF PRIVILEGE TAX.
   (A)   There is hereby levied and shall be collected annual privilege taxes against the persons, on account of the business and other activities, and in the amounts to be determined by the application of rates against values or gross income as set forth in §§ 38.005 to 38.014.
   (B)   If any person liable for any tax under §§ 38.005 to 38.014 shall ship or transport his or her products or any part thereof out of the city without making sale of such products, the value of the products in the condition or form in which they exist immediately before transportation out of the city shall be the basis for the assessment of the tax imposed in those sections. The City Treasurer shall prescribe equitable and uniform rules for ascertaining such value.
   (C)   In determining value, however, as regards sales from one to another of affiliated companies or persons, or under other circumstances where the relation between the buyer and seller is such that the gross proceeds from the sales are not indicative of the true value of the subject matter of the sale, the City Treasurer shall prescribe uniform and equitable rules for determining the values upon which such privilege tax shall be levied, corresponding as nearly as possible to the gross proceeds from the sale of similar products of like quality or character where no common interest exists between the buyer and the seller but the circumstances and conditions are otherwise similar.
   (D)   Gross income included in the measure of the tax under §§ 38.005 to 38.014, except in the case of production of natural gas, shall neither be added nor deducted in computing the tax levied under the other sections of this subchapter.
   (E)   A person exercising any privilege taxable under §§ 38.005 to 38.014 and engaging in the business of selling his or her natural resources or manufactured products at retail in this city shall be required to make returns of the gross proceeds of such retail sales and pay the tax imposed in § 38.007 for the privilege of engaging in the business of selling such natural resources or manufactured products at retail in this city. But any person exercising any privilege taxable under §§ 38.005 to 38.014 and engaging in the business of selling his or her natural resources or manufactured products to manufacturers, wholesalers or jobbers, and in the case of limestone, sand, gravel or other mineral products, to commercial consumers, shall not be required to pay the tax imposed in § 38.007 for the privilege of selling such natural resource products or manufactured products as wholesale.
   (F)   Manufacturers exercising any privilege taxable under § 38.006 shall not be required to pay the tax imposed in § 38.007 for the privilege of selling their manufactured products for delivery outside of the city, but the gross income derived from the sale of such manufactured products outside of the city shall be included in determining the measure of the tax imposed on such manufacturer in § 38.007.
   (G)   A person exercising privileges taxable under the other sections of this subchapter, producing coal, oil, natural gas, minerals, timber or other natural resource products, the production of which is taxable under § 38.005, and using or consuming the same in his or her business, shall be deemed to be engaged in the business of mining and producing coal, oil, natural gas, minerals, timber or other natural resource products for sale, profit or commercial use, and shall be required to make returns on account of the production of the business showing the gross proceeds or equivalent in accordance with uniform and equitable rules for determining the value upon which such privilege tax shall be levied, corresponding as nearly as possible to the gross proceeds from the sale of similar products of like quality or character by other taxpayers, which rules the City Treasurer shall prescribe.
(Prior Code, § 711.04)