For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AMUSEMENT or OPERATING AMUSEMENT. Any person engaged in the business of operating a theater, opera house, moving picture show, vaudeville, amusement park, dance hall, skating rink, race track, radio broadcast station or any other place at which amusements are offered to the public.
BANKING BUSINESS or FINANCIAL ORGANIZATION. Any bank, banking association, trust company, industrial loan company, small 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 90% of the assets of which consists of intangible personal property and at least 90% of the gross receipts of which consists of dividends, interest, and other charges derived from money or credit.
BUSINESS. All activities engaged or caused to be engaged in with the object of gain or economic benefit, either direct or indirect. 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. BUSINESS shall include 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, as defined more fully below in § 39.067.
CONTRACTING. 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.
DEDUCTIONS FROM GROSS RECEIPTS.
(1) That can be identified for audit purposes, and are exempt from municipal privilege, business and occupation, or gross sales, tax calculations include only the following sources of cash flow, and only when they can be identified within the books of original entry:
(a) That sum collected as a portion of rent from leases that has in advance been determined for a utility cost sharing for common “shared” services, such as electric, water, natural gas, and the like;
(b) State consumer sales tax collected on behalf of the state on retail or wholesale sales, and shown as tax on any records of original entry;
(c) City amusement tax shown as a portion of a sales price for a ticket to an amusement, and identified as a tax;
(d) State and federal fuel tax or surcharge collected as a portion of the retail price for the government, as allowed by the state for state business and occupation taxes;
(e) Identified and documented bad debts originally reported as “gross sales” and paid as taxable, and since determined uncollectible. Provided, that if later collected, such taxes shall be paid on such amounts;
(f) State and/or federal cigarette and cigar taxes collected as a part of the retail sales price, as allowed by the state; and
(g) Identifiable per bottle “pop” tax on each soft drink sold at retail and collected for the state.
(2) To claim these DEDUCTIONS FROM GROSS INCOME OR GROSS RECEIPTS each taxpayer must complete the form provided to identify these claimed exemptions, and file the “schedule of deductions” with the tax return, for the period in which such deductions were earned.
GROSS INCOME. 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 like income, however denominated, derived by the taxpayer from repetitive carrying of accounts, in the regular course and conduct of his or her 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 expense whatsoever. GROSS INCOME of a banking or financial business is specified in § 39.067.
GROSS PROCEEDS OF SALES. The value, whether in money or other property, actually proceeding from the sale of tangible properly without any deduction on account of the cost of the property sold or expenses of any kind. GROSS INCOME and GROSS PROCEEDS OF SALES shall not be construed to 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 case 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 this state; or
(5) Money or other property received and 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 repaying of a debt of another.
PERSON or COMPANY. Herein used interchangeably, includes any individual, firm, copartnership, joint venture, 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. The word “it” shall also include the pronouns “he” and “she”.
RETURN. Any tax information return or report, declaration of estimated tax, claim, or petition for refund or credit, or petition for reassessment that is required by, or provided for, or permitted, under the provisions of this subchapter which is filed with the collector of business taxes by, on behalf of, or with respect to any person, and any amendment or supplement thereto, including supporting schedules, attachments, or lists which are supplemental to, or part of, the return so filed.
SALE, SALES, or SELLING. Any transfer of the ownership of, or title to, property, whether for money or in exchange for other property.
SELLING AT WHOLESALE or WHOLESALE SALES. Includes:
(1) Sales of any tangible personal property for the purpose of resale in the form of tangible personal property;
(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 subchapter; or
(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.
SERVICE BUSINESS OR CALLING. All activities engaged in by a person for other persons for a consideration, which involve the rendering of a service, as distinguished from the sale of tangible property, but shall not include the services rendered by an employee to his or her employer. This term shall include, but not be 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;
(2) Persons engaged as independent contractors in producing natural resource products which are owned by another or others, as personal property, immediately after the same 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 to persons taxed pursuant to the provisions of § 39.067.
TAX YEAR or TAXABLE YEAR. Either the fiscal year beginning on July 1 and ending on June 30, of the following year, or if the taxpayer keeps his or her books on a basis other than such fiscal year, he or she may obtain permission from the collector of business taxes to use the same as the tax period in lieu of the defined TAXABLE YEAR.
TAXPAYER. Any person liable for any tax hereunder.
(Ord. passed 12-18-1998)