(a) In the taxation of income which is subject to the tax, if the books and records of a taxpayer conducting a business or profession both within and without the boundaries of the City shall disclose with reasonable accuracy what portion of its net profit is attributable to that part of the business or profession conducted within the boundaries of the City, then only such portion shall be considered as having a taxable situs in the City for purposes of the tax. In the absence of such records, net profit from a business or profession conducted both within and without the boundaries of the City shall be considered as having a taxable situs in the City for purposes of the tax in the same proportion as the average ratio of:
(1) The average net book value of the real and tangible personal property owned by the taxpayer in the business or profession in the City during the taxable period to the average net book value of all of the real and tangible personal property owned by the taxpayer in the business or profession during the same period, wherever situated. Real property shall include property rented or leased by the taxpayer and the value of such property shall be determined by multiplying the annual rental thereon by eight (8);
(2) Qualified wages, salaries and other compensation paid during the taxable period to persons employed in the business or professions for services performed in the City to qualified wages, salaries and other compensation paid during the same period to persons employed in the business or profession, wherever their services are performed; and
(3) Gross receipts of the business or profession from sales made and services performed during the taxable period in the City to gross receipts of the business or profession during the same period from sales and services, wherever made or performed.
(b) In the event a just and equitable result cannot be obtained under the formula provided for herein, the Administrator, under application of the taxpayer, shall have the authority to substitute other factors or methods calculated to effect a fair and proper apportionment.
(c) As used in this Taxation Code, "sales made in the City" means:
(1) All sales of tangible personal property which is delivered within the City, regardless of where title passes, if shipped or delivered from a stock of goods within the City;
(2) All sales of tangible personal property which is delivered within the City, regardless of where title passes even though transported from a point outside the City, if the taxpayer is regularly engaged through his own employees in the solicitation or promotion of sales within the City and the sales result from such solicitation or promotion;
(3) All sales of tangible personal property which is shipped from a place within the City to purchasers outside the City, regardless of where title passes, if the sale is not generated through solicitation or promotion by an employee of the taxpayer at the place where delivery is made.
(Ord. 53-2004. Passed 12-6-04.)