For the purposes of this article, the following words and phrases are defined as follows:
(a) "Banking business" or "financial organization" means any bank, banking association, trust company, industrial loan company, small loan company or licensee, building or loan association, savings and loan association, finance company, investment company, investment broker or dealer or any other similar business organization at least ninety percent (90%) of the assets of which consists of intangible personal property and at least ninety percent (90%) of the gross receipts of which consist of dividends, interest and other charges derived from the use of money or credit.
(b) "Business" means all activities engaged in or caused to be engaged in with the object of gain or economic benefit, either direct or indirect. The term "business" shall not include a casual sale by a person who is not engaged in the business of selling the type of property involved in such casual sale. The term"business" includes the production of natural resources or manufactured products which are used or consumed by the producer or manufacturer and shall include the activities of a banking business or financial organization.
(c) "Contracting" means the furnishing of work or both materials and work in the fulfillment of a contract for the construction, alteration, repair, decoration or improvement of a new or existing building or structure, or any part thereof; or for the alteration, improvement or development of real property.
(d) "Contractor" means any person who furnishes work, or both materials and work in the fulfillment of a contract for the construction, alteration, repair, decoration or improvement of a new or existing building or structure, or any part thereof. The term “contracting” also includes the alteration, improvement or development of real property.
(e) "Gross income" means the gross receipts of the taxpayer, other than a banking or financial business, received as compensation for personal services and the gross receipts of the taxpayer derived from trade, business, commerce or sales and the value proceeding or accruing from the sale of tangible property, real or personal, or service or both, and all receipts by reason of the investment of the capital of the business engaged in, including rentals, royalties, fees, reimbursed costs or expenses or other emoluments, however designated, and including all interest, carrying charges, fees or other similar income, however denominated, derived by the taxpayer from repetitive carrying of accounts, in the regular course and conduct of his business, and extension of credit in connection with the sale of any tangible personal property or service, and without any deductions on account of the cost of property sold, the cost of materials used, labor costs, taxes, royalties paid in cash or in kind or otherwise, interest or discount paid or any other expenses.
(f) "Gross proceeds of sales" means the value, whether in money or other property, actually proceeding from the sale of tangible property without any deduction on account of the cost of property sold or expenses of any kind.
(g) "Exceptions" to the term "gross income" and "gross proceeds of sales" include:
(1) Cash discounts allowed and taken on sales;
(2) The proceeds of sales of goods, wares or merchandise returned by customers when the sale price is refunded either in cash or by credit;
(3) The amount allowed as "trade-in value" for any article accepted as part payment for any article sold;
(4) Excise taxes imposed by the State; or
(5) Money or other property received or held by a professional person for the sole use and benefit of a client or another person or money received by the taxpayer on behalf of a bank or other financial institution for the repayment of a debt of another.
(h) "New Business" means a business that:
(1) Has not operated or had a manufacturing facility, retail store or other business operation within the boundaries of the City during the previous twelve (12) month period; or
(2) Reopens or continues a manufacturing facility, retail store or other business operation following a change in the ownership of the business such that neither the prior owner or owners, nor their immediate families or spouses of immediate family members do not continue to have an ownership interest in the ongoing business in excess of 10% of such business; or
(3) Opens a new manufacturing facility, store or other business operation that is in addition to any existing business operation or activity owned by the same persons or entities, but only so long as the prior business activities continues its operations or activities in the same manner as immediately prior to the opening of a new facility, store or other business operation.
(i) "Nonresident contractor" means a contractor, as previously defined, who does not maintain a business location within Kanawha County, West Virginia.
(j) "Person" or "company" means any individual, firm partnership, joint adventure, association, corporation, trust or any other group or combination acting as a unit, and the plural as well as the singular number, unless the intention to give a more limited meaning is disclosed by the context.
(k) "Sale", "sales" or "selling" means any transfer of the ownership of or title to property, whether for money or in exchange for other property.
(l) "Selling at wholesale" or "wholesale sales" means:
(1) Sales of any tangible personal property for the purpose of resale in the form of tangible personal property; and
(2) Sales of machinery, supplies or materials which are to be directly consumed or used by the purchaser in the conduct of any business or activity which is subject to the tax imposed by this article; and
(3) Sales of any tangible personal property to the United States of America, its agencies and instrumentalities or to the State, its institutions or political subdivisions.
(m) "Service", "business" or "calling" means all activities engaged in by a person for other persons for a consideration, which involve the rendering of a service, including the rendering of professional service, as distinguished from the sale of tangible property; but shall not include the services rendered by an employee to his employer. This term includes but is not limited to:
(1) Persons engaged in manufacturing, compounding or preparing for sale; profit or commercial use, articles, substances or commodities which are owned by another or others; and
(2) Persons engaged as independent contractors in producing natural resource products which are owned by another or others, as personal property, immediately after such products are severed, extracted, reduced to possession and produced; and
(3) The repetitive carrying of accounts, in the regular course and conduct of business, and extension of credit in connection with the sale of any tangible personal property or service, except as to persons taxed pursuant to the provision of Section 737.14.
(n) "Taxpayer" means any person liable for any tax under this article.
(o) "Tax year" or "taxable year" means either the calendar year or the taxpayer's fiscal year when permission is obtained from the City Treasurer to use such fiscal year as the tax period in lieu of the calendar year.
(Ord. 2118. Passed 4-16-09.)