(a) An annual tax for the purpose specified in Section 193.01 shall be imposed on and after January 1, 1989, at the rate of two and one-quarter percent (2-1/4%) per annum upon the following:
(1) On all salaries, wages, commissions and other compensation earned during the effective period of this chapter by residents of Rossford.
(2) On all salaries, wages, commissions and other compensation earned during the effective period of this chapter by nonresidents for work done or services performed or rendered in Rossford.
(3) A. On the portion attributable to Rossford of the net profits earned during the effective period of this chapter of all resident unincorporated businesses, professions or other entities, derived from sales made, work done, services performed or rendered and business or other activities conducted in Rossford.
B. On the portion of the distributive share of the net profits earned during the effective period of this chapter of a resident partner or owner of a resident unincorporated business entity not attributable to Rossford and not levied against such unincorporated business entity; provided, however, that the liability of an individual partner or owner taxable hereunder on income attributable to another taxing municipality shall be subject to the relief and reciprocity provisions of Section 193.15.
(Ord. 1897. Passed 11-8-88.)
(4) A. On the portion attributable to Rossford of the net profits earned during the effective period of this chapter of all nonresident unincorporated businesses, professions or other entities, derived from sales made, work done or services performed or rendered, and business or other activities conducted in Rossford.
For the purpose of determining whether or not such net profits are earned in Rossford, income tax liability shall not be incurred simply by virtue of the fact that a portion of the land upon which the business, profession or other entity is conducted is annexed to or lies within the City limits of Rossford if the following conditions prevail:
1. The area of the land which lies within the City limits is twenty-five percent (25%) or less of the total land area upon which the business activity is conducted;
2. No revenue producing business activity is conducted upon the area which lies within the City limits.
(Ord. 93-040. Passed 9-27-93.)
B. On the portion of the distributive share of the net profits earned during the effective period of this chapter of a resident partner or owner of a nonresident unincorporated business entity not attributable to Rossford and not levied against such unincorporated business entity; provided, however, that the liability of an individual partner or owner taxable hereunder on income attributable to another taxing municipality shall be subject to the relief and reciprocity provisions of Section 193.15.
(5) On the portion attributable to Rossford of the net profits earned during the effective period of this chapter of all corporations derived from sales made, work done, services performed or rendered and business or other activities conducted in Rossford, whether or not such corporations have an office or place of business in Rossford.
(Ord. 1987. Approved by voters 11-8-88.)
(6) On all income received as gambling winnings as reported on Internal Revenue Service Form W-2G, Form 5754 and/or any other form required by the Internal Revenue Service that reports winnings from gambling. Gambling includes but is not limited to lotteries, bingo, keno, slot machines, casino games, horse racing, dog racing, jai alai, sweepstakes, wagering pools, prizes and any other wagering transactions.
(Ord. 2005- 14. Passed 5-9-05.)
(Ord. 2005- 14. Passed 5-9-05.)
(b) The portion of the net profits attributable to Rossford of a taxpayer conducting a business, profession or other activity, both within and without the boundaries of Rossford, shall be determined has provided in Ohio R.C. 718.02, and in accordance with the rules and regulations adopted by the Administrator pursuant to this chapter.
(c) Operating Loss Carry Forward.
(1) The portion of a net operating loss sustained in any taxable year subsequent to the effective date of this chapter allocable to Rossford may be applied against the portion of the profit of succeeding years allocable to Rossford, until exhausted, but in no event for more than five taxable years. No portion of a net operating loss shall be carried back against the net profits of any prior year.
(2) The portion of a net operating loss sustained shall be allocated to Rossford in the same manner as provided herein for allocating net profits to Rossford.
(3) The Administrator shall provide, by rules and regulations, the manner in which such net operating loss carry forward shall be determined.
(d) Consolidated Returns.
(1) Filing of consolidated returns may be permitted or required in accordance with rules and regulations prescribed by the Administrator.
(2) In the case of a corporation that carried on transactions with its stockholders or with other corporations related by stock ownership, interlocking directorates, or some other method, or in case any person operated a division, branch, factory, office, laboratory or activity within Rossford constituting a portion only of its total business, the Administrator shall require such additional information as he may deem necessary to ascertain whether net profits are properly allocated to Rossford. If the Administrator finds net profits are not properly allocated to Rossford by reason of transactions with stockholders or with other corporations related by stock ownership, interlocking directorates, or transactions with such division, branch, factory, office, laboratory, or activity, or by some other method, he shall make such allocation as he deems appropriate to produce a fair and proper allocation of net profits to Rossford.
(e) Income Not Subject to Tax. Notwithstanding the foregoing provisions, the following shall not be considered as taxable income under the provisions hereof:
(1) Military pay and allowances received as a member of the armed forces of the United States.
(2) Income of religious, fraternal, charitable, scientific, literary, civic or educational institutions, to the extent that such income is derived from tax exempt real estate, tax exempt tangible or intangible property or tax exempt activities.
(3) Proceeds of insurance, annuities, workers’ compensation insurance, social security benefits, pensions, compensation for damages for personal injuries or for property and like reimbursement, but not including damage for loss of profits.
(4) Interest and dividends from intangible property.
(Ord. 1897. Approved by voters 11-8-88.)