For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
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, finance company, investment company, investment broker or dealer, and any other similar business organization.
BUSINESS. Includes all activities engaged in 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.
CITY. The City of White Sulphur Springs.
CONTRACTING. Includes the furnishings of work or both materials and work, in the fulfillment of a contract, for the new 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, within the city.
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, interest or discount paid or any other expense whatsoever. GROSS INCOME of a banking or financial business is specified in definition for SELLING AT RETAIL.
GROSS PROCEEDS OF SALES.
(1) The value, whether in money or other property, actually proceeding from the sale of tangible property without any deduction on account of the cost of property sold or expenses of any kind.
(2) The terms GROSS INCOME and GROSS PROCEEDS OF SALES shall not be construed to include:
(a) Cash discounts allowed and taken on sales;
(b) The proceeds of sale of goods, wares or merchandise returned by customers when the sale price is refunded either in cash or by credit;
(c) The amount allowed as “trade-in value” for any article accepted as part payment of any article sold;
(d) Excise taxes imposed by the state;
(e) Money or other property received or held by the taxpayer for the use and benefit of another person; or
(f) Excise taxes imposed by the federal government upon the consumer, not the manufacturer, and which are held in trust by the vendor as agent for the federal government.
PERSON or COMPANY. Herein used interchangeably, includes any individual, firm, copartnership, joint adventure, association, corporation trust, or any 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.
SALE, SALES or SELLING. Includes any transfer of the ownership of, or title to, property.
SELLING AT RETAIL or RETAIL SALES. Includes all sales other than wholesale sales.
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;
(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.
(1) Any activity engaged in by a person for other persons for a consideration, which involves the rendering of a service within the municipality as distinguished from the sale of tangible property, but not including the services rendered by an employee to his or her employer.
(2) This term shall include, but not be limited to:
(a) Persons engaged in manufacturing, compounding or preparing for sale, profit or commercial use articles, substances or commodities which are owned by others;
(b) Persons engaged as independent contractors in producing natural resources products which are owned by others as personal property, immediately after the same are severed, extracted, reduced to possession and produced;
(c) 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; and
(d) Lawyers, doctors, engineers, architects, accountants and other similar service personnel.
TAX YEAR or TAXABLE YEAR. The same as the taxpayer’s taxable year for federal income tax purposes.
TAXPAYER. Any person, business or corporation liable for any tax hereunder.
(Ord. passed 11-12-2019)