(a) “Adjusted Federal taxable income” means a C Corporation’s Federal taxable income before net operating losses and special deductions as determined under the Internal Revenue Code, but including subsequent adjustments from required additions and deductions. Pass-through entities must compute “adjusted Federal taxable income” as if the pass-through entity was a C Corporation. This definition does not apply to any taxpayer required to file a return under Ohio R.C. 5745.03 or to the net profit from a sole proprietorship. This definition is effective for tax years beginning on or after January 1, 2004.
(b) "Administrator" means the individual appointed by the Mayor subject to approval of Council, to administer and enforce the provisions of this chapter.
(c) "Association" means any partnership, limited partnership, limited liability company, or any other form of unincorporated enterprise, owned by two or more persons.
(d) "Board of Review" means the Board created by and constituted as provided in Section 890.14.
(e) "Business" means any enterprise, activity, profession or undertaking of any nature conducted for profit or ordinarily conducted for profit, whether by an individual, partnership, association, corporation or any other entity, excluding, however, all nonprofit corporations which are exempt from the payment of Federal income tax.
(f) "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 or foreign country or dependency.
(g) “Domicile” means the permanent legal residence of a taxpayer. A taxpayer may have more than one residence but not more than one domicile.
(h) "Employee" means one who works for income, qualifying wages, commission or other type of compensation in the service of and under the control of an employer.
(i) "Employer" means an individual, partnership, association, corporation, government body, unit or agency, or any other entity, whether or not organized for profit, who or which employs one or more persons on an income, qualifying wage, commission or other basis of compensation.
(j) "Fiscal year" means an accounting period of 12 months or less ending on any day other than December 31.
(k) “Generic form” means an electronic or paper form designed for reporting estimated municipal income taxes, and/or annual municipal income tax liability, and/or separate requests for refunds that contain all the information required on the Village’s regular tax return and estimated payment forms, and are in a similar format that will allow processing of the generic forms without altering the Village’s procedures for processing forms.
(l) "Gross receipts" means the total revenue derived from sales, work, done, or services rendered.
(m) “Income” means all monies and compensation in any form, subject to limitations imposed by Ohio R.C. 718 and exemptions listed in Section 890.03(e), derived from any source whatsoever, including but not limited to:
(1) All income, qualifying wages, commissions and other compensation from whatever source received by residents of the Village.
(2) All income, qualifying wages, commissions and other compensation from whatsoever source received by nonresidents for work done or services performed or rendered or activities conducted in the Village.
(3) The portion attributable to the Village of the net profits of all businesses, associations, professions, corporations, or other entities, from sales made, work done, services performed or rendered, and business or other activities conducted in the Village.
(n) “Joint Economic Development District” means a district created under Ohio R.C. 715.70 through 715.83, as amended from time to time.
(o) "Manager" means any of an employer's officers, responsible persons, employees having control or supervision, and employees charged with the responsibility of filing a return, paying taxes and otherwise complying with this chapter.
(p) "Net profits" means, for taxable years prior to 2004, a net gain from the operation of a business, profession, enterprise or other activity after provision for all ordinary and necessary expenses either paid or accrued, in accordance with the accounting system (i.e. cash or accrual) used by the taxpayer for Federal income tax purposes without deduction of taxes imposed by this chapter, and also Federal, State and other taxes based on income, and in the case of an association, without deduction of salaries paid to partners and other owners. For taxable years 2004 and later, see “adjusted Federal taxable income.”
(q) "Nonresident" means an individual domiciled outside the Village.
(r) "Nonresident unincorporated business entity" means an unincorporated business entity not having an office or place of business within the Village.
(s) “Pass-through entity” means a partnership, S Corporation, limited liability company, or any other class of entity the income or profits from which are given pass-through treatment under the Internal Revenue Code. Unless otherwise specified, for purposes of this chapter the tax treatment for pass-throughs is the same as “association.”
(t) "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.
(u) "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 regular employees regularly in attendance.
(v) “Qualifying wage” means wages as defined in Section 3121(a) of the Internal Revenue Code, without regard to any wage limitations, but including subsequent adjustments from required additions and deductions. “Qualifying wage” represents employees’ income from which municipal tax shall be deducted by the employer, and any wages not considered a part of “qualified wage” shall not be taxed by a municipality. This definition is effective January 1, 2004, for taxable years 2004 and later.
(w) "Resident" means an individual domiciled in the Village.
(x) "Resident unincorporated business entity" means an unincorporated business entity having an office or place of business within the Village.
(y) "Taxable income" means income minus the deductions and credits allowed by this chapter. (See “income” definition.)
(z) "Taxable year" means the calendar year, or the fiscal year upon the basis of 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.
(aa) "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.
(bb) “Village” means the Village of Walton Hills.
(Ord. 1968-15. Passed 6-18-68; Ord. 2007-23. Passed 6-19-07.)