(A) Except as provided in division (B) of this section, gross receipts shall be apportioned to the city by multiplying the gross receipts by a fraction, the numerator of which is the payroll factor plus the sales factor, and the denominator of which is two (2).
(1) The payroll factor is a fraction, the numerator of which is the total amount paid or payable in the city during the tax period by the business entity for compensation, and the denominator of which is the total compensation paid or payable by the business entity everywhere during the tax period. Compensation is paid or payable in the city based on the time the individual’s service is performed within the city.
(2) (a) The sales factor is a fraction, the numerator of which is the total sales of the business entity in the city during the tax period, and the denominator of which is the total sales of the business entity everywhere during the tax period.
(b) Sales of tangible personal property are in the city if:
1. The property is delivered or shipped to a purchaser, other than the United States government, or to the designee of the purchaser within the city regardless of the f.o.b. point or other conditions of the sale; or
2. The property is shipped from an office, store, warehouse, factory, or other place of storage in the city and the purchaser is the United States government.
(c) Sales, other than sales of tangible personal property, are apportioned to the city based upon a fraction, the numerator of which is the time spent in performing such income-producing activity within the city and the denominator of which is the total time spent performing that income-producing activity.
(d) For purposes of this section "SALES" shall mean all gross sales less returns and allowances for the sale of merchandise, services, or both, computed by the method of accounting properly utilized by the licensee for federal income tax purposes.
(e) If either factor under division (a) or (b) is absent, then the business apportionment percentage shall be equal to the remaining percentage determined under division (a) or (b). A factor is not deemed to be absent merely because none of the licensees receipts arose inside the city or because none of the wages paid by the licensee were for services performed or rendered inside the city.
(B) If the apportionment provisions of this section do not fairly represent the extent of the business entity’s activity in the city, the business entity may petition the city or the city may require, in respect to all or any part of the business entity’s business activity, if reasonable:
(1) Separate accounting;
(2) The exclusion of any one (1) or more of the factors;
(3) The inclusion of one (1) or more additional factors which will fairly represent the business entity’s business activity in the city; or
(4) The employment of any other method to effectuate an equitable allocation and apportionment of gross receipts.
(C) When compensation is paid or payable for work done or services performed or rendered by an employee, both within and without the city, the license tax shall be measured by that part of the compensation paid or payable as a result of work done or service performed or rendered within the city. The license tax shall be computed by obtaining the percentage which the compensation for work performed or services rendered within the city bears to the total wages and compensation paid or payable. In order for the city to verify the accuracy of a taxpayers reported percentages under this subsection, the taxpayer shall maintain adequate records.
(D) All partnerships, S corporations, and all other entities where income is "passed through" to the owners are subject to this chapter. The occupational license tax imposed in this chapter is assessed against income before it is "passed through" these entities to the owners.
(E) If any business entity dissolves, ceases to operate, or withdraws from the city during any taxable year, or if any business entity in any manner surrenders or loses its charter during any taxable year, the dissolution, cessation of business, withdrawal, or loss or surrender of charter shall not defeat the filing of returns and the assessment and collection of any occupational license tax for the period of that taxable year during which the business entity had business activity in the city.
(F) If a business entity makes, or is required to make, a federal income tax return, the occupational license tax shall be computed for the purposes of this chapter on the basis of the same calendar or fiscal year required by the federal government, and shall employ the same methods of accounting required for federal income tax purposes.
(Ord. 191-2004, passed 4-6-04)