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Plain City Overview
Codified Ordinances of Plain City, OH
Codified Ordinances of Plain City, Ohio
CERTIFICATION
ROSTER OF OFFICIALS
ADOPTING ORDINANCE: 13-12
EDITOR'S NOTE
COMPARATIVE SECTION TABLE
CHARTER
PART ONE - ADMINISTRATIVE CODE
TITLE ONE - General Provisions
TITLE THREE - Legislative
TITLE FIVE - Administrative
TITLE NINE - Taxation
CHAPTER 181 Motor Vehicle License Tax
CHAPTER 185 Income Tax (Removed)
CHAPTER 186 Income Tax Effective January 1, 2016
CHAPTER 187 Income Tax Effective January 1, 2020
187.01 AUTHORITY TO LEVY TAX; PURPOSES OF TAX; RATE.
187.011 AUTHORITY TO LEVY TAX.
187.012 PURPOSES OF TAX; RATE.
187.013 ALLOCATION OF FUNDS.
187.014 STATEMENT OF PROCEDURAL HISTORY; STATE MANDATED CHANGES TO MUNICIPAL INCOME TAX.
187.02 EFFECTIVE DATE.
187.03 DEFINITIONS.
187.04 INCOME SUBJECT TO TAX FOR INDIVIDUALS.
187.041 DETERMINING MUNICIPAL TAXABLE INCOME FOR INDIVIDUALS.
187.042 DOMICILE.
187.05 COLLECTION AT SOURCE.
187.051 COLLECTION AT SOURCE; WITHHOLDING FROM QUALIFYING WAGES.
187.052 COLLECTION AT SOURCE; OCCASIONAL ENTRANT.
187.06 INCOME SUBJECT TO NET PROFIT TAX.
187.061 DETERMINING MUNICIPAL TAXABLE INCOME FOR TAXPAYERS WHO ARE NOT INDIVIDUALS.
187.062 NET PROFIT; INCOME SUBJECT TO NET PROFIT TAX; ALTERNATIVE APPORTIONMENT.
187.063 CONSOLIDATED FEDERAL INCOME TAX RETURN.
187.07 DECLARATION OF ESTIMATED TAX.
187.08 CREDIT FOR TAX PAID.
187.081 CREDIT FOR TAX PAID TO OTHER MUNICIPALITIES.
187.082 CREDIT FOR TAX BEYOND STATUTE FOR OBTAINING REFUND.
187.09 ANNUAL RETURN.
187.091 RETURN AND PAYMENT OF TAX.
187.094 EXTENSION OF TIME TO FILE.
187.095 AMENDED RETURNS.
187.096 REFUNDS.
187.10 PENALTY, INTEREST, FEES, AND CHARGES.
187.11 AUDIT.
187.13 AUTHORITY AND POWERS OF THE TAX ADMINISTRATOR.
187.131 AUTHORITY OF TAX ADMINISTRATOR; ADMINISTRATIVE POWERS OF THE TAX ADMINISTRATOR.
187.132 AUTHORITY OF TAX ADMINISTRATOR; COMPROMISE OF CLAIM AND PAYMENT OVER TIME.
187.133 AUTHORITY OF TAX ADMINISTRATOR; RIGHT TO EXAMINE.
187.134 AUTHORITY OF TAX ADMINISTRATOR; REQUIRING IDENTIFYING INFORMATION.
187.14 CONFIDENTIALITY.
187.15 FRAUD.
187.17 ASSESSMENT; APPEAL BASED ON PRESUMPTION OF DELIVERY.
187.18 LOCAL BOARD OF TAX REVIEW; APPEAL TO LOCAL BOARD OF TAX REVIEW.
187.19 ACTIONS TO RECOVER; STATUTE OF LIMITATIONS.
187.20 ADOPTION OF RULES.
187.22 RETURNS BY LANDLORDS, CONDOMINIUM ASSOCIATIONS AND OTHER ORGANIZATIONS.
187.30 CONTRACT PROVISIONS.
187.91 ELECTION TO BE SUBJECT TO ORC 718.80 TO 718.95.
187.97 COLLECTION OF TAX AFTER TERMINATION OF CHAPTER.
187.98 SAVINGS CLAUSE.
187.99 VIOLATIONS; PENALTY.
CHAPTER 189 Transient Lodging Tax
PART THREE - TRAFFIC CODE
PART FIVE - GENERAL OFFENSES CODE
PART SEVEN - BUSINESS REGULATION CODE
PART NINE - STREETS, UTILITIES AND PUBLIC SERVICES CODE
PART ELEVEN - PLANNING AND ZONING CODE
PART THIRTEEN - BUILDING CODE
PART FIFTEEN - FIRE PREVENTION CODE
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187.011 AUTHORITY TO LEVY TAX.
   (A)    The tax on income and the withholding tax established by this Chapter 187 are authorized by Article XVIII, Section 3 of the Ohio Constitution. The tax on income and the withholding tax established by this Chapter 187 are deemed to be levied in accordance with, and to be consistent with, the provisions and limitations of Ohio Revised Code 718 (ORC 718). This Chapter is deemed to incorporate the provisions of ORC 718.
   (B)   The tax is an annual tax levied on the income of every person residing in or earning or receiving income in the municipal corporation, and shall be measured by municipal taxable income. The Municipality shall tax income at a uniform rate. The tax is levied on Municipal Taxable Income, as defined herein. (Ord. 15-19. Passed 11-25-19.)
187.012 PURPOSES OF TAX; RATE.
   (A)   A municipal income tax is hereby levied to provide funds for the purposes of general municipal operations, maintenance, new equipment, extension and enlargement of municipal services and facilities and capital improvements of the Municipality.
   (B)   There is hereby levied an income tax at the rate of one and one-half percent (1.5%) per annum. The tax is levied at a uniform rate on all persons residing in or earning or receiving income in Plain City. The tax is levied on income, qualifying wages, commissions and other compensation, and on net profits as hereinafter provided in Section 187.03 of this chapter and other sections as they may apply.
   (C)   The tax on income and the withholding tax established by this Chapter 187 are authorized by Article XVIII, Section 3 of the Ohio Constitution. The tax is levied in accordance with, and is intended to be consistent with, the provisions and limitations of Ohio Revised Code ("ORC") 718. (Ord. 15-19. Passed 11-25-19.)
187.013 ALLOCATION OF FUNDS.
   The funds collected under the provisions of this chapter shall be allocated in such manner as provided by ordinances adopted by Council, with the following exception(s):
   (A)   An amount equal to five-tenths of one percent (0.5%) shall be transferred into the Capital Improvements Fund and such proceeds shall be used exclusively for capital improvements deemed necessary by the Village Council.
      (Ord. 15-19. Passed 11-25-19.)
187.014 STATEMENT OF PROCEDURAL HISTORY; STATE MANDATED CHANGES TO MUNICIPAL INCOME TAX.
   (A)   Significant and wide-ranging amendments to ORC 718 were enacted by Am Sub HB 5, passed by the 130th General Assembly, and signed by Governor Kasich on December 19, 2014, and H.B. 5 required municipal corporations to conform to and adopt the provisions of ORC 718 in order to have the authority to impose, enforce, administer and collect a municipal income tax.
   (B)   As mandated by H.B. 5, municipal income tax Ordinance 8-15, effective January 1, 2016, comprehensively amends Chapter 187 in accordance with the provisions of ORC 718 to allow the Municipality to continue the income tax and withholding tax administration and collection efforts on behalf of the Municipality. (Ord. 15-19. Passed 11-25-19.)
187.02 EFFECTIVE DATE.
   (A)   The effective date of the provisions of this chapter shall be January 1, 2020, and corresponding changes to ORC 718, apply to municipal taxable years beginning on or after January 1, 2020.
   (B)   The enactment of this chapter does not repeal the existing sections of Chapter 186 for any taxable year prior from July 1, 2016 to December 31, 2019.
(Ord. 15-19. Passed 11-25-19.)
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