For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. The singular shall include the plural, and the masculine shall include the feminine and the neuter.
(a) Administrator
"Administrator" means the Tax Administrator.
(b) Association
"Association" means a partnership, limited partnership, or any other form of unincorporated enterprise, owned by two or more persons. Limited Liability Corporations (LLC’s) and Subchapter S corporations (as defined in the Federal Tax Code, 26 U.S.C. 1361) shall be treated as Associations, for the purpose of this chapter.
(c) Board of Review
(d) Business
"Business" means an enterprise, activity, profession, public utility, public service or undertaking of any nature conducted for profit or ordinarily conducted for profit, whether by an individual, partnership, association, corporation or any other entity.
(e) Corporation
"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, foreign country or dependency.
(f) Employee
"Employee" means one who works for wages, salary, commission or other type of compensation from an employer.
(g) Employer
"Employer" means an individual, partnership, association, corporation, governmental body, unit, agency or any other entity, whether or not organized for profit, who or that provides one or more persons on a salary, wage, commission or other compensation.
(h) Fiscal year
"Fiscal year" means an accounting period of twelve months or less ending on any day other than December 31.
(i) Fundamental change
“Fundamental change” means any substantial alteration in organizational form by an entity including liquidation, dissolution, bankruptcy and reorganizations such as merger, consolidation, acquisition, transfer or change in identity, form or organization.
(j) Gross Income
"Gross income" shall include all monies derived from any source whatsoever, including:
(1) All salaries, wages, commissions, other compensation and other income from whatever source received by residents of the City, including distributive shares of an unincorporated business entity or association against which Stow municipal income tax is not already levied.
(2) All salaries, wages, commissions, other compensation and other income from whatsoever source received by nonresidents for work done or services performed or rendered or activities conducted in the City.
(3) The portion attributable to the City of the net profits of all unincorporated businesses, associations, professions, corporations, or other entities, from sales made, work done, services performed or rendered, and business or other activities conducted in the City of Stow. Such portion shall be determined as provided in Section 195.21 and in accordance with the regulations adopted by the Board of Review pursuant to this chapter.
(k) Gross receipts
"Gross receipts" means the total income from any source whatsoever.
(l) Manager
“Manager” means any of the employer’s officers, partners, employees or persons having control or supervision of the employer’s business, and/or employees or persons charged with the responsibility of filing the return, paying taxes, and otherwise complying with this chapter.
(m) Net Profit
"Net profit" means a net gain from the operation of a business, profession, enterprise or other activity after provision for all ordinary and necessary expenses except the tax imposed by this chapter and federal and other taxes based on income, either paid or accrued in accordance with the accounting system used by the taxpayer for federal income tax purposes, adjusted to the requirements of this chapter, and the rules and regulations promulgated by the Tax Administrator.
Net profits shall include any amount or value received, realized, or recognized in the sale or disposition of tangible personal property or real property used in business, in excess of book value.
(n) Nonresident
"Nonresident" means an individual who is not a resident of the City of Stow.
(o) Nonresident unincorporated business entity
"Nonresident unincorporated business entity" means an unincorporated business entity not having an office or place of business within the City of Stow.
(p) Person
"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, shall mean the partners or members thereof, and as applied to corporations, the officers thereof.
(q) 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 or more of his employees regularly in attendance.
(r) Resident
"Resident" means an individual domiciled in or whose usual place of abode is in the City of Stow for any portion of the tax year.
(s) Resident unincorporated business entity
"Resident unincorporated business entity" means an unincorporated business entity having an office or place of business within the City of Stow.
(t) Taxable income
"Taxable income" means Gross income minus the deductions and credits allowed by this chapter.
(u) Taxable year
"Taxable year" means the calendar year, or fiscal year upon 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.
(v) Taxpayer
"Taxpayer" means a person required by this chapter to file a return or pay a tax and shall be deemed to include any and all residents of the City of Stow.
(Ord. 2000-130. Passed 4-13-00.)