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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.)
111.0702 SALES MADE IN THE CITY.
As used in subsection (c) of Section 111.0701, "sales made in the City of Shaker Heights" means:
(a) All sales of tangible personal property which is delivered within the City of Shaker Heights regardless of where title passes if shipped or delivered from a stock of goods within the City of Shaker Heights.
(b) All sales of tangible personal property which is delivered within the City of Shaker Heights regardless of where title passes even though transported from a point outside the City of Shaker Heights if the taxpayer is regularly engaged through its own employees in the solicitation or promotion of sales within the City of Shaker Heights and the sales result from such solicitation or promotion.
(c) All sales of tangible personal property which is shipped from a place within the City of Shaker Heights to purchasers outside of the City of Shaker Heights regardless of where title passes if the taxpayer is not, through its own employees, regularly engaged in the solicitation or promotion of sales at the place where delivery is made.
(Ord. 66-135. Enacted 12-27-66.)
111.0703 TOTAL ALLOCATION.
(a) Add together the percentages determined in accordance with subsections (a), (b) and (c) of Section 111.0701 or such of the aforesaid percentages as are applicable to the particular taxpayer and divide the total so obtained by the number of percentages used in deriving such total in order to obtain the business allocation percentage referred to in Section 111.0701.
(b) A factor is applicable even though it may be allocable entirely in or outside the City of Shaker Heights.
(Ord. 66-135. Enacted 12-27-66.)
111.0704 RENTALS.
(a) Rental income received by a taxpayer shall be included in the computation of net profits from business activities under subsections (c), (d) and (e) of Section 111.0501, only if and to the extent that the rental, ownership, management or operations of the real estate from which such rentals are derived, whether so rented, managed or operated by a taxpayer individually or through agents or other representatives, constitutes a business activity of the taxpayer in whole or in part.
(b) Where the gross monthly rental of any and all real properties regardless of number and value, aggregates in excess of two hundred fifty dollars ($250.00) per month, it shall be prima-facie evidence that the rental, ownership, management or operation of such properties is a business activity of such taxpayer, and the net income of such rental property shall be subject to tax; provided that in the case of commercial property, the owner shall be considered engaged in a business activity when the rental is based on a fixed or fluctuating percentage of gross or net sales, receipts of profits of the lessee, whether or not such rental exceeds two hundred fifty dollars ($250.00) per month.
(c) Property owners who are considered to have a business activity under the provisions of this section shall submit or cause to be submitted to the Administrator a list of names and addresses of all persons, firms, corporations or other entities occupying, leasing or renting any premises belonging to the property owner within this City. The required list shall be prepared as of December 31 of each year and submitted on or before January 31 of the following year.
(Ord. 66-135. Enacted 12-27-66; Ord. 71-125. Amended 11-22-71; Ord. 72-68. Amended 6-26-72.)
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