880.03 RATE AND INCOME TAXABLE.
   An annual tax for the purposes specified in Section 880.01 shall be imposed on and after January 1, 2007, at the rate of 2% per year, of which rate 1% is hereinafter referred to as the Base Tax and 1% is hereinafter referred to as the Additional Tax, upon the following:
   (a)   On all income, qualifying wages, commissions and other compensation earned during the effective period of this chapter by residents of the City; and
   (b)   On all income, qualifying wages, commissions and other compensation earned during the effective period of this chapter by nonresidents of the City for work done or services performed or rendered in the City;
      (1)   A non-resident individual who works in the municipality twelve or fewer days per year shall be considered an occasional entrant, and shall not be subject to the municipality income tax for those twelve days. For purposes of the twelve-day calculation, any portion of a day worked in the municipality shall be counted as one day worked in the municipality;
      (2)   Beginning with the thirteenth day, the employer of said individual shall begin withholding the municipality income tax from remuneration paid by the employer to the individual, and shall remit the withheld income tax to the municipality in accordance with the requirements of this Chapter. Since the individual can no longer be considered to have been an occasional entrant, the employer is further required to remit taxes on income earned in the municipality by the individual for the first twelve days;
      (3)   If the individual is self-employed, it shall be the responsibility of the individual to remit the appropriate income tax to the municipality; and
      (4)   The twelve-day occasional entry rule does not apply to entertainers or professional athletes, their employees or individuals who perform services on their behalf, or to promoters and booking agents of such entertainment events and sporting events.
   (c)   On the portion attributable to the City of the net profits earned during the effective period of this chapter by all resident unincorporated business entities, professions or other activities, such net profits derived from sales made, work done, services performed or rendered and business or other activities conducted in the City;
   (d)   On the portion of the distributive share of the net profits earned during the effective period of this chapter by a resident partner or owner of a resident unincorporated business entity not attributable to the City and not levied against such unincorporated business entity;
   (e)   On the portion attributable to the City of the net profits earned during the effective period of this chapter by all nonresident unincorporated business entities, professions or other activities, such net profits derived from sales made, work done, services performed or rendered and business and other activities conducted in the City, whether or not such unincorporated business entity has an office or place of business in the City;
   (f)   On the portion of the distributive share of the net profits earned during the effective period of this chapter by a resident partner or owner of a nonresident unincorporated business entity not attributable to the City and not levied against such unincorporated business entity;
   (g)   On the portion attributable to the City of the net profits earned during the effective period of this chapter by all corporations, such net profits derived from sales made, work done, services performed or rendered and business or other activities conducted in the City, whether or not such corporations have an office or place of business in the City; and
   (h)   Income earned by a taxpayer from a royalty interest in the production of an oil or gas well, whether managed, extracted or operated by the taxpayer individually of through an agent or other representative, which income shall be included in the computation of net profits from a business activity to the extent that such royalty interest constitutes a business activity of the taxpayer. Where the gross income received by a taxpayer from a royalty interest in the production of an oil or gas well in a taxable year exceeds three thousand dollars ($3,000), it shall be prima-facie evidence that the income was derived from a business activity of such taxpayer, and the new income from such royalty interest shall be subject to tax.
(Ord. 1988-252. Passed 11-7-88; Ord. 06-107. Passed 9-5-06; Ord. 09-81. Passed 7-21-09.)