As used in this chapter, the following words shall have the meaning ascribed to them in this section, except as if 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, 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 Finance Director or Deputy Finance Director or any other competent person who may act as Administrator and shall enforce the provisions of this chapter, after appointment by the Village Manager and upon approval by Council.
(c) “Association” means a partnership, limited partnership, limited liability company, 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” means the Board created by and constituted as provided in Section 171.13.
(e) “Business” means an 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 activity.
(f) “Corporation” means a 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, 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 income, wages, salary, commission or other type of compensation in the service of an employer.
(i) “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.
(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 service rendered before any deductions, exceptions, or credits are claimed.
(l) “Income” includes all monies derived from any source whatsoever, including but not limited to:
(1) All salaries, wages, commissions, other compensation and other income from whatever source received by residents of the Municipality of Sebring.
(2) All salaries, wages, commissions, other compensation and other income from whatever source received by nonresidents for work done or services performed or rendered or activities conducted in the Municipality of Sebring.
(3) The portion attributable to the Municipality of Sebring of the net profits of all unincorporated business, associations, professions, corporations, or other entities from sales made, work done, services performed or rendered, and business or other activities conducted in the Municipality of Sebring.
(m) “Municipality” means the City of Sebring, Ohio.
(n) “Net profits” for taxable years prior to 2004 means the net gain from the operation of a business, profession or enterprise after provision 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. 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 Municipality of Sebring.
(p) “Nonresident unincorporated business entity” means an unincorporated business entity, not having an office or place of business within the Municipality of Sebring.
(q) “Person” means every natural person, partnership, fiduciary, association or corporation. Whenever used in any clause prescribing and imposing a penalty, the term “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) factory, warehouse or other space which is regularly 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 City of Sebring. This definition is effective January 1, 2004, for taxable years 2004 and later.
(t) “Resident” means an individual domiciled in the Municipality of Sebring.
(u) “Resident unincorporated business entity” means an unincorporated business entity having an office or place of business within the Municipality of Sebring.
(v) “Taxable income” means income minus the deductions and credits allowed by this chapter.
(w) “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 case of a return for fractional part of a year, the period for which such return is required to be made.
(x) “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.
(y) The singular shall include the plural, and the masculine shall include the feminine and the neuter. (Ord. 06-05. Passed 2-14-05.)