(a) Subject to the provision of Section 181.16, an annual tax for the purpose specified in Section 181.01 hereof shall be imposed at the rate of one percent (1%) per annum upon the following:
(1) On all salaries, wages, employer paid supplemental unemployment benefits (subpay), commissions, and other compensation earned during the effective period of the chapter by residents of the Village of South Amherst.
(Ord. 1360-10. Passed 11-22-10.)
(2) On all salaries, wages, commissions and other compensation earned during the effective period of the chapter by nonresidents for work done or services performed or rendered in South Amherst.
(3) A. On the portion attributable to South Amherst 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 South Amherst.
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 South Amherst 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 181.15 hereof.
(4) A. On the portion attributable to South Amherst 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 South Amherst, whether or not such unincorporated business entity has an office or place of business in South Amherst.
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 South Amherst 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 181.15 hereof.
(5) On the portion attributable to South Amherst, 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 South Amherst, whether or not such corporations have an office or place of business in South Amherst.
(b) The portion of net profits attributable to South Amherst of a taxpayer conducting a business, profession or other activity both within the without the boundaries of South Amherst shall be determined as 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 January 1, 1970, allocable to South Amherst may be applied against the portion of the succeeding year(s) allocable to South Amherst, until exhausted but in no event for more than five taxable years. No portion of net operating loss shall be carried back against net profits of any prior year.
(2) The portion of a net operating loss sustained shall be allocated to South Amherst in the same manner as provided herein for allocating net profits to South Amherst.
(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 the case of any person operating a division, branch, factory, office, laboratory or activity within South Amherst 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 South Amherst. If the Administrator finds net profits are not properly allocated to South Amherst 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 South Amherst.
(e) (1) Exceptions. The tax provided for herein shall not be levied upon the military pay or allowances of members of the armed forces of the United States, or upon the net profits of any civic, charitable, religious, fraternal or other organization specified in Ohio R.C. 718.01 to the extent that such net profits are exempted from municipal income taxes under said section.
(Ord. 424. Passed 6-8-70.)
(2) All income earned by an individual under eighteen years of age.
(Res. 606. Passed 9-28-15.)