71-10 Amend Chpt 128, Municipal Income Tax

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accounting (that is, cash or accrual) system used by the taxpayer for federal income tax purposes without deduction of taxes imposed by this chapter, 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.' 128.0312 NONRESIDENT. "Nonresident" means an individual domiciled outside the City of Lakewood. 128.0313 NONRESIDENT UNINCORPORATED BUSINESS ENTITY. "Nonresident unincorporated business entity" means an unincorporated business entity .not having an office or place of business within the City of Lakewood. 128.03131 PASS-THROUGH ENTITY °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 Revehue Code. Unless otherwise specified, for purposes of this ordinance the tax treatment for pass-throughs is the same as "association." 128.0314 PERSON. "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. 128.0315 PLACE OF BUSINESS. °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. 128.03151 QUALIFYING WAGE. "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 "qualifying wage" shall not be taxed by a municipality. This definition is effective January 1, 2004, for taxable years 2004 and later. 128.0316 RESIDENT.