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Shaker Heights Overview
Codified Ordinances of Shaker Heights, OH
CODIFIED ORDINANCES
CERTIFICATION
DIRECTORY OF OFFICIALS
EDITOR'S NOTE
GENERAL INDEX
COMPARATIVE SECTION TABLE
THE CHARTER OF THE CITY OF SHAKER HEIGHTS
PART ONE - ADMINISTRATIVE CODE
TITLE ONE - General Provisions
TITLE THREE - Taxation
CHAPTER 110 Municipal Income Tax Effective January 1, 2016
CHAPTER 111 Municipal Income Tax (Through 12-31-15)
111.0101 PURPOSE OF LEVY OF INCOME TAX.
111.0301 DEFINITIONS GENERALLY.
111.0302 ADMINISTRATOR.
111.0303 ASSOCIATION.
111.0304 BOARD OF REVIEW.
111.0305 BUSINESS.
111.0306 CORPORATION.
111.0307 EMPLOYEE.
111.0308 EMPLOYER.
111.0309 FISCAL YEAR.
111.0310 GROSS RECEIPTS.
111.0311 NET PROFITS.
111.0312 NONRESIDENT.
111.0313 NONRESIDENT UNINCORPORATED BUSINESS ENTITY.
111.0314 PERSON.
111.0315 PLACE OF BUSINESS.
111.0316 RESIDENT.
111.0317 RESIDENT UNINCORPORATED BUSINESS ENTITY.
111.0318 TAXABLE INCOME.
111.0319 TAXABLE YEAR.
111.0320 TAXPAYER.
111.0501 RATE AND INCOME TAXABLE.
111.0502 EFFECTIVE PERIOD.
111.0701 METHOD OF DETERMINATION.
111.0702 SALES MADE IN THE CITY.
111.0703 TOTAL ALLOCATION.
111.0704 RENTALS.
111.0705 OPERATING LOSS CARRY-FORWARD.
111.0901 SOURCES OF INCOME NOT TAXED.
111.1101 WHEN RETURN REQUIRED TO BE MADE.
111.1102 FORM AND CONTENTS OF RETURN.
111.1103 EXTENSION OF TIME FOR FILING RETURNS.
111.1104 CONSOLIDATED RETURNS.
111.1105 AMENDED RETURNS.
111.1301 PAYMENT OF TAX ON FILING OF RETURN.
111.1302 COLLECTION AT SOURCE.
111.1303 DECLARATIONS OF INCOME.
111.1304 FILING OF DECLARATION.
111.1305 FORM OF DECLARATION.
111.1306 PAYMENT TO ACCOMPANY DECLARATION.
111.1307 ANNUAL RETURN.
111.1308 EXTENSION OF FILING TIME.
111.1501 INTEREST ON UNPAID TAX.
111.1502 PENALTIES ON UNPAID TAX.
111.1503 EXCEPTIONS.
111.1504 ABATEMENT OF INTEREST AND PENALTY.
111.1505 VIOLATIONS AND PENALTY.
111.1506 LIMITATION ON PROSECUTION.
111.1507 FAILURE TO PROCURE FORMS NOT EXCUSE.
111.1701 UNPAID TAXES RECOVERABLE AS OTHER DEBTS.
111.1702 REFUNDS OF TAXES ERRONEOUSLY PAID.
111.1703 AMOUNTS OF LESS THAN ONE DOLLAR.
111.1901 NONRESIDENT TAXPAYERS.
111.1902 TAX CREDIT.
111.1903 CLAIM FOR CREDIT.
111.2101 DISBURSEMENT OF FUNDS COLLECTED.
111.2301 DUTY TO RECEIVE TAX IMPOSED.
111.2302 DUTY TO ENFORCE COLLECTION.
111.2303 AUTHORITY TO MAKE AND ENFORCE REGULATIONS.
111.2304 AUTHORITY TO ARRANGE INSTALLMENT PAYMENTS.
111.2305 AUTHORITY TO DETERMINE AMOUNT OF TAX DUE.
111.2306 AUTHORITY TO MAKE INVESTIGATIONS.
111.2307 AUTHORITY TO COMPEL PRODUCTION OF RECORDS.
111.2308 REFUSAL TO PRODUCE RECORDS.
111.2309 CONFIDENTIAL NATURE OF INFORMATION.
111.2310 TAXPAYER REQUIRED TO RETAIN RECORDS.
111.2311 AUTHORITY TO CONTRACT FOR CENTRAL COLLECTION FACILITIES.
111.2501 BOARD OF REVIEW ESTABLISHED.
111.2502 DUTY TO APPROVE REGULATIONS AND TO HEAR APPEALS.
111.2503 RIGHT OF APPEAL.
111.2701 DECLARATION OF LEGISLATIVE INTENT.
111.2702 COLLECTION OF TAX AFTER TERMINATION OF CHAPTER.
CHAPTER 112 Motor Vehicle License Tax
TITLE FIVE - Legislative
TITLE SEVEN - Administrative
TITLE NINE - Finance
TITLE ELEVEN - Public Property
TITLE THIRTEEN - Economic Development
PART THREE - HEALTH CODE
PART FIVE - BUSINESS REGULATION CODE
PART SEVEN - GENERAL OFFENSES CODE
PART NINE - FIRE PREVENTION CODE
PART ELEVEN - TRAFFIC CODE
PART TWELVE - ZONING ORDINANCE
PART THIRTEEN - BUILDING CODE
PART FOURTEEN - HOUSING CODE
111.0315 PLACE OF BUSINESS.
   "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 (1) or more of his regular employees regularly in attendance.
(Ord. 66-135. Enacted 12-27-66.)
 
111.0316 RESIDENT.
   "Resident" means an individual domiciled in the City of Shaker Heights.
(Ord. 66-135. Enacted 12-27-66.)
 
111.0317 RESIDENT UNINCORPORATED BUSINESS ENTITY.
   "Resident unincorporated business entity" means an unincorporated business entity having an office or place of business within the City of Shaker Heights.
(Ord. 66-135. Enacted 12-27-66.)
 
111.0318 TAXABLE INCOME.
   “Taxable income” means:
   (a)   Wages, salaries, and other compensation paid by an employer or employers before any deduction; and
   (b)   Net profits from the operation of a business, profession, or other enterprise or activity; and
   (c)   Income derived or received from gaming, wagering, schemes of chance or lotteries, including the Ohio State Lottery, totaling $600.00 or more in a taxable year;
   as adjusted in accordance with the provisions of this chapter.
(Ord. 04-08. Enacted 1-26-04.)
 
111.0319 TAXABLE YEAR.
   "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.
(Ord. 66-135. Enacted 12-27-66.)
 
111.0320 TAXPAYER.
   "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.
(Ord. 66-135. Enacted 12-27-66.)
IMPOSITION OF INCOME TAX
111.0501 RATE AND INCOME TAXABLE.
   An annual tax for the purposes specified in Section 111.0101 shall be imposed on and before September 30, 2012, at the rate of one and three-quarters percent (1.75%) per annum, and on and after October 1, 2012, at the rate of two and one quarter percent (2.25%) per annum, upon the following:
   (a)   On all salaries, wages, commissions and other compensation, and on income derived or received from gaming, wagering, schemes of chance or lotteries, including the Ohio State Lottery, totaling $600.00 or more in a taxable year, which is earned or received by residents of the City of Shaker Heights. Income derived or received from gaming, wagering, schemes of chance or lotteries, including the Ohio State Lottery, shall not be taxed as business income unless the individual subject to the tax has a federal gambler's permit effective during the tax year in which the income from such activities is received.
   (b)   On all salaries, wages, commissions and other compensation, and on income derived or received from gaming, wagering, schemes of chance or lotteries, including the Ohio State Lottery, totaling $600.00 or more in a taxable year, which is earned or received by nonresidents of the City of Shaker Heights for work done, services performed or rendered, lottery tickets purchased, or participation in gaming, wagering, schemes of chance or lotteries conducted, within the City of Shaker Heights. Income earned or derived from gaming, wagering, schemes of chance or lotteries, including the Ohio State Lottery, shall not be taxed as business income unless the individual subject to the tax has a federal gambler's permit effective during the tax year in which the income from such activities is received.
   (c)   (1)   On the portion attributable to the City of Shaker Heights on the net profits earned of all resident unincorporated business entities or professions or other activities, derived from sales made, work done, services performed or rendered, and business or other activities conducted in the City of Shaker Heights.
   (2)   On the portion of the distributive share on the net profits earned of a resident partner or owner of a resident unincorporated business entity not attributable to the City of Shaker Heights and not levied against such unincorporated business entity by the City of Shaker Heights.
   (d)   (1)   On the portion attributable to the City of Shaker Heights of the net profits earned of all nonresident unincorporated business entities, professions or other activities, derived from sales made, work done, services performed or rendered, and business and other activities conducted in the City of Shaker Heights, whether or not such unincorporated business entity has an office or place of business in the City of Shaker Heights.
      (2)   On the portion of the distributive share of the net profits earned of a resident partner or owner of a nonresident unincorporated business entity not attributable to the City of Shaker Heights and not levied against such unincorporated business entity by the City of Shaker Heights.
   (e)   On the portion attributable to the City of Shaker Heights of the net profits earned of all corporations derived from sales made, work done, services performed or rendered, and business or other activities conducted in the City of Shaker Heights, whether or not such corporations have an office or place of business in the City of Shaker Heights. (Ord. 12-36. Enacted 5-7-12.)
111.0502 EFFECTIVE PERIOD.
   Such tax shall be imposed, levied, collected, and paid with respect to the salaries, wages, commissions, and other compensation and with respect to the net profits of businesses, professions, or other activities earned , including with respect to the income derived or received from gaming, wagering, schemes of chance or lotteries, including the Ohio State Lottery, on or before September 30, 2012, at the rate of one and three-quarters percent (1.75%) per annum, and on and after October 1, 2012, at the rate of two and one-quarter percent (2.25%) per annum.
(Ord. 12-36. Enacted 5-7-12.)
DETERMINATION OF ALLOCATION OF TAX
111.0701 METHOD OF DETERMINATION.
   In the taxation of income which is subject to City of Shaker Heights Income Taxes if the books and records of a taxpayer conducting a business or profession both within and without the boundaries of the City of Shaker Heights, shall disclose with reasonable accuracy what portion of its net profit is attributable to that part of the business or profession conducted within the boundaries of the City of Shaker Heights, then only such portion shall be considered as having a taxable situs in the City of Shaker Heights for the purposes of municipal income taxation. The portion of the entire net profits of a taxpayer to be allocated as having been derived from within the City of Shaker Heights, in the absence of actual records thereof, shall be determined as follows:
   Multiply the entire net profits by a business allocation percentage to be determined by a three-factor formula of property, payroll, and sales, each of which shall be given equal weight, as follows:
   (a)   The average net book value of the real and tangible personal property owned or used by the taxpayer in the business or profession in the City of Shaker Heights during the taxable period to the average net book value of all the real and tangible personal property owned or used by the taxpayer in the business or profession during the same period, wherever situated.
      As used in the preceding paragraph, real property includes property rented or leased by the taxpayer and the value of such property shall be determined by multiplying the annual rental thereon by eight (8).
   (b)   Wages, salaries and other compensation paid during the taxable period to persons employed in the business or profession for services performed in the City of Shaker Heights to wages, salaries and other compensation paid during the same period to persons employed in the business or profession, wherever their services are performed.
   (c)   Gross receipts of the business or profession from sales made and services performed during the taxable period in the City of Shaker Heights to gross receipts of the business or profession during the same period from sales and services, wherever made or performed.
      In the event that the foregoing allocation formula does not produce an equitable result, another basis may under uniform regulations be substituted so as to produce such result.
      (Ord. 66-135. Enacted 12-27-66.)
 

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