As used in this Chapter, the following words shall have the meanings ascribed to them in this section, except as and if the context clearly indicates or requires a different meaning. The singular includes the plural and the masculine gender includes the feminine and the neuter genders.
(a) “Annual Return Due Date” means the 15th day of the fourth month following the end of the Applicable Taxable Year.
(b) “Applicable Taxable Year” means the tax year (Calendar Year or Fiscal Year) used by a Taxpayer for federal income tax purposes.
(c) “Association” means a partnership, limited partnership, limited liability partnership, limited liability company or any other form of unincorporated enterprise other than one that has elected to be treated for the Applicable Taxable Year as a Corporation for federal income tax purposes.
(d) “Business” means an enterprise, venture, activity, profession or undertaking of any nature conducted for profit or ordinarily conducted for profit, including, but not limited to, the renting or leasing of property, real or personal or mixed; whether by an individual, partnership, fiduciary, trust, Association, Corporation or any Other Entity.
(e) “Calendar Year” means an accounting period of twelve (12) months or less ending on December 31.
(f) “Corporation” means a corporation or joint stock association organized under the laws of the United States, State of Ohio, or any other state, territory or foreign country or dependency, or a partnership electing to be treated for the Applicable Taxable Year as a corporation for federal income tax purposes.
(g) “Employee” means one who works for Salary, Wages, Commission or Other Compensation in the service of an Employer.
(h) “Employer” means an individual, Association, Corporation, governmental body, unit or agency or Other Entity, whether or not organized for profit, that employs one or more Persons on a Salary, Wage, Commission or Other Compensation basis.
(i) “Farm” means stock, dairy, poultry, fruit, furbearing animal, and truck farms, plantations, ranches, nurseries, ranges, greenhouses or other similar structures used primarily for the raising of agricultural or horticultural commodities, and orchards and woodlands.
(j) “Farming” or “Farming Purpose” means the cultivation of land or the raising or harvesting of any agricultural or horticultural commodity including the raising, shearing, feeding, caring for, training, and management of animals on a Farm as well as handling, drying, packing, grading, or storing on a Farm any agricultural or horticultural commodity in its un-manufactured state, so long as the owner, tenant, or operator of the Farm regularly produces more than one-half of the commodity so treated, and the planting, cultivating, caring for, or cutting of trees, or the preparation (other than milling) of trees for market. For purposes of this section, only trees bearing fruit or nuts or ornamental trees will be treated as agricultural or horticultural commodities.
(k) “Farming Business” means the trade or business of Farming.
(l) “Fiscal Year” means an accounting period of twelve (12) months or less ending on any day other than December 31.
(m) “Generic Form” means an electronic or paper form designed for reporting estimated Municipal income taxes and accrued municipal income tax liability that is not prescribed by a particular municipality for the reporting of that municipality’s income tax.
(n) “Gross Receipts” means the total income from any source whatsoever.
(o) “Income from a Pass-Through Entity” means partnership income of partners, distributive shares of shareholders of an S corporation, membership interests of members of a limited liability company, or other distributive or proportionate ownership shares of any other Pass-Through Entity.
(p) (EDITOR’S NOTE: Former subsection (p) hereof was deleted by Ordinance 70- 14.)
(q) “Intangible Income” means income of any of the following types: income yield, interest, dividends, or other income arising from the ownership, sale, exchange, or other disposition of intangible property including, but not limited to, investments, deposits, money, or credits as those terms are defined in Chapter 5701 of the Revised Code.
(r) “Internal Revenue Code” means the Internal Revenue Code of 1986, 100 Stat. 2085, 26 U.S.C. 1, as amended.
(s) “Joint Economic Development District” means a district created under Section 715.72 of the Revised Code.
(t) “Joint Economic Development Zone” means a district created under Section 715.691 of the Revised Code.
(u) “Municipality” or “Village” means the municipality of Obetz, Ohio.
(v) “Net Profits” means the net gain from the operation of a Business, whether or not such Business is conducted for profit or is ordinarily conducted for profit, after provision is made for all ordinary and necessary expenses either paid or accrued in accordance with the accounting system used by the Taxpayer for federal income tax purposes without deduction of taxes imposed by this Chapter, federal, State or other taxes based on income, and in the case of an Association or Other Entity, without deduction of Compensation paid to Owners and otherwise adjusted to the requirements of this Chapter.
(w) “Nonresident” means an individual, Association, Corporation or Other Entity that is not a Resident.
(x) “Other Entity” means any Person or unincorporated body not otherwise defined, including, inter alia, fiduciaries.
(y) “Owner” means a partner of a partnership, a shareholder of an S corporation, a member of a limited liability company, or other Person with an ownership interest in a Pass-Through Entity.
(z) “Owner’s Proportionate Share” means, with respect to each Owner of a Pass- Through Entity, the ratio of (i) the Owner’s income form the Pass-Through Entity that is subject to taxation by the Municipality , to (ii) the total income from that entity of all Owners whose income from the entity is subject to taxation by that Municipality.
(aa) “Pass-Through Entity” means a partnership, S corporation (i.e., a corporation that has made an election under subchapter S of Chapter 1 of Subtitle A of the Internal Revenue Code for the Applicable Taxable Year), limited liability company (i.e., a limited liability company formed under Chapter 1705 of the Revised Code or under the laws of another state), or any other class of entity the income or profits from which are given pass-through treatment under the Internal Revenue Code.
(bb) “Person” means every individual, partnership, fiduciary, Association, Corporation or Other Entity. Whenever used in any clause prescribing and imposing a penalty, the term “Person,” as applied to an Association or Other Entity shall mean the partners or members thereof and as applied to a Corporation, the officers thereof.
(cc) “Place of Business” means any bona fide office (other than a mere statutory office), factory, warehouse or other space that is occupied and used by the Taxpayer in carrying on any business activity individually or through any one or more Employees.
(dd) “Resident” means an individual domiciled in the Municipality or an Association, Corporation or Other Entity whose principal Place of Business is in the Municipality. An Individual who lives in the Municipality during any period in which she performs work or renders services for Compensation or who conducts a Business for profit will be considered a Resident of the Municipality for purposes of this Chapter during such period; the place where the work is performed, the services rendered, or the Business conducted is immaterial.
(ee) “Resident Unincorporated Business Entity” means an unincorporated business entity having an office or Place of Business within the Municipality.
(ff) “Return Preparer” means any person other than a Taxpayer that is authorized by a Taxpayer to complete or file an income tax return, report or other document for or on behalf of the Taxpayer.
(gg) “Salaries, Wages, Commissions and Other Compensation” means all earnings, salaries, wages, commissions and other compensation, including but not limited to bonuses, fees, severance pay, sick pay, vacation pay, tips and all income earned but deferred under Sections 401(k), 403(b), 408(k), 414(h), 457 and 501 of the Internal Revenue Code of 1986, as amended from time to time, or other deferred compensation-type plans.
(hh) “Taxable Year” means the Calendar year or Fiscal Year on the basis of which the 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. In the case of an individual, the Taxable Year will be a Calendar Year.
(ii) “Taxable Income” means Salaries, Wages, Commissions and Other Compensation paid by an Employer before any deductions and/or the Net Profits from the operation of a Business, or Other Entity adjusted in accordance with the requirements of this Chapter.
(jj) “Taxpayer” means a Person, whether an individual, Association, Corporation or Other Entity subject to the tax imposed by this Chapter.
(kk) “Unincorporated Business Entity” means an unincorporated business entity having an office or Place of Business within the Municipality.
(Ord. 28-01. Passed 4-16-01; Ord. 70-14. Passed 12-8-14.)