As used in this chapter, the following words shall have the meaning ascribed to them in the section, except as and if the context clearly indicates or requires a different meaning:
(a) "Adjusted federal taxable income" means a "C" corporation's federal taxable income before net operating losses and special deductions as determined under the Internal Revenue Code, but including subsequent adjustments from required additions and deductions. Pass-through entities must compute "Adjusted Federal Taxable Income" as if the pass-through entity was a "C" corporation. This definition does not apply to any taxpayer required to file a return under Ohio Revised Code (ORC) Section 5745.03 or to the net profit from a sole proprietorship. This definition is effective for tax years beginning on or after January 1, 2004.
(b) "Association" means a partnership, limited partnership, including Chapter S Corporations as defined in the federal tax code, 26 U.S.C. 1361, limited liability company, or any other form of unincorporated enterprise, owned by one or more persons.
(c) "Board of Review" means the Board created by and constituted as provided in Section 181.14.
(d) "Business" means an enterprise activity, profession, or undertaking of any nature conducted for profit, whether by an individual, partnership, limited partnership, corporation, association or any other entity.
(e) "City Treasurer" means the City Treasurer of the City of Oberlin or the Treasurer's designee.
(f) "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.
(g) "Domicile" means the permanent legal residence of a taxpayer. A taxpayer may have more than one residence but not more than one domicile.
(h) "Employee" means an individual whose earnings are subject to the withholding of Federal Income Tax or Social Security Tax, and/or an individual who works for income, qualifying wages, salary, commissions or other types of compensation in the services and under the control of any employer.
(i) "Employer" means an individual, partnership, limited partnership, association, corporation, government body, unit or agency or any other entity, whether or not organized for profit, who or that employs one or more persons on a income, salary, wage, commission or other compensation basis.
(j) "Finance Director" means the Finance Director of the City of Oberlin, or the Finance Director's designee.
(k) "Fiscal year" means an accounting period of twelve months ending on any day other than December 31.
(l) "Generic Form" means an electronic or paper form designed for reporting estimated municipal income taxes, and/or annual municipal income tax liability, and/or separate requests for refunds, that contain all the information required on Oberlin's regular tax return and estimated payment forms, and are in a similar format that will allow processing of the generic forms altering Oberlin's procedures for processing forms.
(m) "Gross receipts" means the total revenue derived from sales, work done, or service rendered.
(n) "Income" means all monies, subject to limitations imposed by ORC Chapter 718, derived from any source whatsoever, including but not limited to:
(1) All income, qualifying wages, commissions, other compensation and other income from whatever source received by residents of Oberlin.
(2) All salaries, wages, commissions, other compensation and other income from whatsoever source received by nonresidents for work done or services performed or rendered or activities conducted in Oberlin.
The portion attributable to the city of the net profits of all unincorporated businesses, associations, professions, corporations, or other entities, from sales made, work done, services performed or rendered, and business or other activities conducted in Oberlin.
(o) "Net profits" means, for taxable years prior to 2004, the net gain from the operation of a business, profession, rental income or enterprise after provision 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 (i.e., either cash or accrual) regularly employed without deduction of federal taxes based on income, and without deducting taxes imposed by this chapter. (For taxable years 2004 and later, see "adjusted federal taxable income".)
(p) "Nonresident" means an individual domiciled outside the City of Oberlin.
(q) "Nonresident unincorporated business entity" means an unincorporated business entity not having an office or place of business within the City of Oberlin.
(r) "Other entity" means any person or unincorporated body not previously named or defined and includes fiduciaries located within the City of Oberlin.
(s) "Person" means every natural person, partnership, limited partnership, corporation, fiduciary or association. Whenever used in any clauses prescribing and imposing a penalty, the term "person" as applied to any association, shall mean the partners or members thereof, and as applied to corporation, the officers thereof.
(t) "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/her employees regularly in attendance.
(u) "Qualifying wage" means Wages as defined in Section 3121(a) of the Internal Revenue Code, without regard to any wage limitations, but including subsequent adjustments from required additions and deductions. "Qualifying wage" represents employees' income from which municipal tax shall be deducted by the employer, and any wages not considered a part of "qualifying wage" shall not be taxed by the Municipality. This definition is effective January 1, 2004, for taxable years 2004 and later.
(v) "Resident" means an individual domiciled in the City of Oberlin.
(w) "Resident unincorporated business entity" means an unincorporated business entity having an office or place of business within the Municipality.
(x) "Tax 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.
(y) "Taxpayer" means a person, whether an individual, partnership, limited partnership, corporation, association or other entity, required hereunder to file a return and/or to pay a tax hereunder.
The singular shall include the plural and the masculine shall include the feminine and the neuter.
(Ord. 06-49AC. Passed 6-19-06.)
(Ord. 06-49AC. Passed 6-19-06.)