For the purpose of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section unless a different meaning is clearly required by the context in which the term is used:
(a) "Banking business or financial organization" means any bank, banking association, trust company, industrial loan company, or licensee, building and loan association, savings and loan association, credit union, finance company, investment company, investment broker or dealer, and any other similar business organization at least ninety percent (90%) of the assets of which consist 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 production of raw materials or manufactured products which are used or consumed in the main business shall be deemed a business engaged in taxable in the class for which it falls.
(c) "Contracting" means the furnishing of work, or both materials or 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) "Gross income" generally means the gross receipts of the taxpayer, other than the 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 capital of the business engaged in, including interest, discount, rentals, royalties, fees, reimbursed cost or expenses or other emoluments however designated and without any deductions on account of the cost of property sold, the cost of materials used, labor cost, taxes, royalties, interest and discounts paid or sums paid to independent contractors, subcontractors or persons furnishing services or property used in the operation of any business to produce gross income, or any other expense whatsoever. "Gross income" of banking or financial business id specified in Section 711.04 (j).
(e) "Gross proceeds of sales" means the value actually proceeding from the sale of tangible property without any deduction on account of the cost of property sold or expenses of any kind. The words "gross income" and gross proceeds of sales", shall not be construed to include cash discounts allowed and taken on sales; the proceeds of sale of goods, wares or merchandise returned by customers when the sale prices is refunded either by cash or by credit; or the sale price of any article accepted as part payment on any new article sold, if the full price of any new article is included in the "gross income" or "gross proceeds of sales" excise taxes imposed by the State; 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 the bank or other financial institution for repayment of debt of another; and excise taxes imposed by the federal government upon the consumer, not manufacturer, and which are held in trust by the vendor as agent for the federal government.
(f) "Municipality" means the City of Summersville.
(g) "Official means the Municipalities City Recorder.
(h) "Person" and "company' are used interchangeably in this article and mean and include any individual, firm, co-partnership, joint venture, association, corporation, limited liability company, trust. Estate or any other group or combination acting as a unit, and the plural as well as the singular number. The word "it" shall also include the pronouns "he" and "she".
(i) "Retail sales" and "selling at retail" means all sales other than retail sales, including but not limited to sales to persons for use in any activity not subject to the tax imposed by this article, all sales of real property, and sales to consumers.
(j) "Sale and "sales" mean the transfer of the ownership of or title to property, whether for money or exchange for other property.
(k) "Service business or "calling" includes all activities engaged in for other persons for a consideration, which involve the rendering of a service as distinguished from the production or sale of tangible property, but shall not include the services rendered by an employee to his employer.
(l) "Tax year" and "taxable year" mean either the calendar or the taxpayer fiscal year when permission is obtained in writing from the City Recorder to use such fiscal year in lieu of the calendar year.
(m) "Taxpayer" means any person liable for taxes hereunder.
(n) "Selling at wholesale" and "wholesale sales" mean only:
(1) Sales of tangible personal property for the purpose of resale in the form of tangible personal property.
(2) Sales of machinery, supplies or material which is to be directly consumed by the purchaser in conduct of any business or activity which is subject to the tax imposed by this article, or
(3) Sales of tangible personal property to the United States of America, its agencies and instrumentalities or to the State of West Virginia, its institutions and political subdivisions. (Passed 9-14-09.)