As used in this chapter, the following words shall have the meaning ascribed to them in this 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, adjusted in accordance with Section 718.01 A(1) of the Ohio Revised Code.
(b) "Association" means a partnership, limited partnership, cooperative, 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 179.12.
(d) "Business" means an enterprise, activity, profession or undertaking of any nature conducted for profit or ordinarily conducted for profit, whether by an individual, partnership, limited partnership, limited liability company, association, corporation or any other entity.
(e) "Business allocation apportionment" means the portion of net profits to be apportioned to the Municipality as having been made in the Municipality, either under separate accounting method, or under the three factor formula of property, payroll and sales, provided for in Section 718.02(A), Ohio Revised Code.
(f) “Commissioner" means the individual designated by this chapter, appointed by the Mayor, approved by Council, to administer and enforce the provisions of this chapter.
(g) "Corporation" means a corporation, subchapter S corporation, or joint stock association organized under the laws of the United States, the State of Ohio or any other state, territory or foreign country or dependency.
(h) "Domicile" means a person's fixed, permanent and principal place of residence for legal purpose as determined by, but not limited to the address of: vehicles registration, current driver's license registration, federal and state income tax returns, address of voter registration, attendance at schools by person's children.
(i) "Employee" means one who works for wages, salary, commission or other type of compensation in the service of an employer.
(j) "Employer" means an individual, partnership, association, corporation, governmental body, unit or agency, or any other entity, whether or not organized for profit, who or that employs one or more persons on a salary, wage, commission or other compensation basis.
(k) "Fiscal year" means an accounting period of twelve months or less ending on any day other than December 31.
(l) "Form 2106" means Internal Revenue Service Form 2106 filed by a taxpayer pursuant to the Internal Revenue Code.
(m) "Gambling winnings” means the gross proceeds derived from state-conducted lotteries and non-state conducted sweepstakes, wagering, pools, or lotteries, and other wagering transactions such as para-mutual pool for horse races, dog races and other sporting events, and winnings from (including but not limited to) bingo keno, slot machines, gaming tables, games of skill, fringe gambling and other games of chance.
(n) "Generic Form" means an electronic or paper form designed for reporting estimated municipal income taxes and annual municipal income tax liability or for filing a refund claim that is not prescribed by a particular municipal corporation for the reporting of that municipal corporation's tax on income. Any municipality that requires taxpayers to file income tax returns, reports, or other documents shall accept for filing a generic form of such a return, report, or document if the generic form, once completed and filed, contains all of the information required to be submitted with the municipality's prescribed returns, reports, or documents.
(o) "Gross receipts" means the total income from any source whatsoever.
(p) "Income from a pass-through entity" means partnership income of partners, membership interest of members of a limited liability company, distributive shares of shareholders of an S corporation, or other distributive or proportionate ownership shares of other pass-through entities.
(q) "Internal Revenue Code” means the Internal Revenue Code of 1986, 100 Stat. 2085, 26 U.S.C.1, as amended or as hereafter amended.
(r) "Limited liability company" means a limited liability company formed under Chapter 1705 of the Ohio Revised Code or under the laws of another state.
(s) “Municipality” means the City of Port Clinton.
(t) "Net profit” for a taxpayer other than an individual means adjusted federal taxable income and “Net profit" for a taxpayer who is an individual means the individual's profit, other than amounts described in division (F) of Section 718.01, Ohio Revised Code, required to be reported on Schedule C, Schedule E, or Schedule F.
(u) "Nonqualified deferred compensation plan” means a compensation plan described in Section 3121(v)(2)(C) of the Internal Revenue Code.
(v) "Nonresident" means an individual domiciled outside the City.
(w) “Nonresident unincorporated business entity” means an unincorporated business entity not having an office or place of business within the City.
(y) "Other Payer” means any person, other than an individual's employer or the employer's agent, that pays an individual any amount included in the federal gross income of the individual.
(z) "Owner” means a partner of a partnership, a member of a limited liability company, a shareholder of an S corporation, or other person with an ownership interest in a pass-through entity.
(aa) “Owner's proportionate share”, with respect to each owner of a pass-through entity, means the ratio of (a) the owner's income from the pass-through entity that is subject to taxation by the municipal corporation, to (b) the total income from that entity of all owners whose income from the entity is subject to taxation by that municipal corporation.
(bb) "Pass-through entity" means a partnership, limited liability company, S corporation, or any other class of entity the income or profits from which are given pass-through treatment under the Internal Revenue Code.
(cc) "Person” includes individuals, firms, companies, business trusts, estates, trusts partnerships, limited liability companies, associations, corporations, governmental entities, and any other entity. Whenever used in any clause prescribing and imposing a penalty, "person", as applied to any unincorporated entity, means the partners or members thereof, and as applied to corporations, the officers thereof.
(dd) "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 regular agents or employees regularly in attendance.
(ee) "Qualifying wages" means wages, as defined in Section 3121(a) of the Internal Revenue Code, without regard to any wage limitations, adjusted in accordance with Section 718.03(A) of the Ohio Revised Code.
(ff) "Reciprocity credit” means the credit granted by the City to its residents for municipal income tax paid to another municipality.
(gg) "Resident” means an individual domiciled in the City.
(hh) "Resident incorporated business entity" means an incorporated business entity whose office, place of operations or business situs is within the Municipality.
(ii) "Resident unincorporated business entity" means an unincorporated business entity having an office or place of business within the City.
(jj) "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.
(kk) “Schedule A” means Internal Revenue Service Schedule A filed by a taxpayer pursuant to the Internal Revenue Code.
(ll) "Schedule C" means Internal Revenue Service Schedule C filed by a taxpayer pursuant to the Internal Revenue Code.
(mm) "Schedule E” means Internal Revenue Service Schedule E filed by a taxpayer pursuant to the Internal Revenue Code.
(nn) “Schedule F” means Internal Revenue Service Schedule F filed by a taxpayer pursuant to the Internal Revenue Code.
(oo) “S corporation” means a corporation that has made an election under subchapter S of Chapter 1 of Subtitle A of the Internal Revenue Code for its taxable year.
(pp) "Taxable income" means qualifying wages paid by an employer or employers, compensation for personal services, other income defined by statute as taxable, and/or adjusted federal taxable income from the operation from a business, profession, or other enterprise or activity adjusted in accordance with the provisions of this chapter, rental income and/or net profits from the operation of a business, profession or other enterprise or activity adjusted in accordance with the provisions of this chapter, and gambling winnings in excess of six hundred dollars ($600.00) per year.
(qq) “Taxable year” means the corresponding tax reporting period as prescribed for the taxpayer under the Internal Revenue Code.
(rr) "Taxing municipality" means any municipal corporation levying a municipal income tax on salaries, wages, commissions and other compensation earned by individuals, and on the net profits earned from the operation of a business, profession or other activity.
(ss) "Taxpayer" means a person subject to a tax on income levied by a municipal corporation. "Taxpayer" does not include any person that is a disregarded entity or a qualifying subchapter S subsidiary for federal income tax purposes, but "taxpayer" includes any other person who owns the disregarded entity or qualifying subchapter S subsidiary.
The singular includes the plural, and the masculine includes the feminine and the neuter. (Ord. 36-10. Passed 1-25-10.)