As used in this chapter, the terms, phrases, words and their derivatives shall have the following meanings. The singular shall include the plural, and the masculine shall include the feminine and the neuter.
(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) “Administrator” means the individual designated to administer and enforce the provisions of the Village of Richfield Income Tax. The Director of Finance or his appointee shall serve as Administrator.
(c) “Association” means any partnership, limited partnership, limited liability company (including a single-owner LLC), Chapter S Corporation as defined in the Federal tax code, 26 U.S.C. 1361, or any other form of unincorporated enterprise
(d) “Board of Review” or “Board” means the Board created by and constituted as provided in Section 191.15.
(e) “Business” means any enterprise, activity, profession or undertaking of any nature conducted for profit, or ordinarily conducted for profit, whether by an individual, partnership, association, corporation or any other entity.
(f) “Corporation” means a corporation or joint stock association organized under the laws of the United States, the State or any other state, territory or foreign country or dependency, but not including Chapter S Corporations.
(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 one who works for wages, salary, commission or other type of compensation in the service of any employer.
(i) “Employer” means an individual, partnership, association, corporation, government body, unit or agency, or any other entity, whether or not organized for profit, who employs one or more persons on a salary, wage, commission or other basis of compensation.
(j) “Fiscal year” means an accounting period of twelve months or less, ending on any day other than December 31.
(k) “Gross receipts” means the revenue derived from sales, work done, or services rendered before any deductions, exceptions, or credits are claimed.
(l) “Income” shall include all monies derived from any source whatsoever, including but not limited to:
A. All salaries, wages, commissions, other compensation and other income from whatever source received by residents of Richfield.
B. All salaries, wages, commissions, other compensation and other income from whatever source received by nonresidents attributable to Richfield because the work done or services performed or rendered or other activities are conducted in Richfield or are sufficiently related to or integral to the operations conducted in Richfield that the work done or services performed or rendered or other activities bear a fiscal relationship to the Village of Richfield.
C. The portion attributable to The Village of Richfield 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 Richfield.
(m) “Joint Economic Development District” means Districts created under Ohio Revised Code Sections 715.70 through 715.83, as amended from time to time.
(n) “Net profits” means, for taxable years prior to 2004, a net gain from the operation of a business, profession, enterprise or other activity after provision for all ordinary and necessary expenses, either paid or accrued in accordance with the accounting system (i.e., either cash or accrual) used by the taxpayer for Federal income tax purposes without deducting taxes imposed by this chapter, Federal, state and other taxes based on income; and in case of an association, without deduction of salaries paid to partners and other owners; and otherwise adjusted to the requirements of this chapter and the rules & regulations promulgated by the Administrator.
Net profits shall include any amount or value received, realized, or recognized in a sale or other disposition of tangible personal property or real property used in business, in excess of book value. (For taxable years 2004 and later, see “adjusted federal taxable income”.)
(o) “Nonresident” means an individual domiciled outside the Village of Richfield.
(p) “Nonresident unincorporated business entity” means an unincorporated business entity not having an office or place of business within the Village of Richfield.
(q) “Person” means every natural person, partnership, fiduciary, association or corporation. 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.
(r) “Place of business” means any bona fide office, other than a mere statutory office, a 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 employees regularly in attendance.
(s) “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 Village of Richfield. This definition is effective January 1, 2004.
(t) “Resident” means an individual domiciled in the Village of Richfield.
(u) “Resident unincorporated business entity” means an unincorporated business entity having an office or place of business within the Village of Richfield.
(v) “Rules & Regulations” means the rules & regulations promulgated by the Administrator and approved by the Board of Review as authorized by Section 191.12C of this chapter, and to which rules & regulations taxpayers must comply.
(w) “Taxable income” means income (including income from gaming, wagering and lotteries) minus the deductions and credits allowed by this Chapter. (See “Income” definition.)
(x) “Taxable year” means the calendar year, or the fiscal year upon 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.
(y) “Taxpayer” means a person, whether an individual, partnership, association, or any corporation or other entity, required hereunder to file a return or pay a tax.
(z) “Village” means the Village of Richfield, Ohio.
(Ord. 17-2006. Passed 3-17-06.)