71-10 Amend Chpt 128, Municipal Income Tax

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employed in the business or profession, wherever their services are performed. For tax year 2004 and subsequent tax years, wages, salaries, and other compensation shall be included to the extent that they represent qualifying wages. (c) 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. In the event that the foregoing allocation formula does not produce an equitable result, another basis (including the books and records method) may, under uniform regulations, be substituted so as to produce such result. 128.0702 SALES MADE IN THE CITY. As used in subsection 128.0701(c), °sales made in the City" means: (a) 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. (b) 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 its own employees in the solicitation or promotion of sales within the City and the sales result from such solicitation or promotion. (c) All sales of tangible personal property which is shipped from a place within the City to purchasers outside of the City regardless of where title passes if the taxpayer is not, through its own employees, regularly engaged in the solicitation or promotion of sales at the place where delivery is made. 128.0703 TOTAL ALLOCATION. Add together the percentages determined in accordance with subsections (a), (b) and (c) of Section 128.0701, or such of the aforesaid percentages as are applicable to the particular taxpayer and divide the total so obtained by the number of percentages used in deriving such total in order to obtain the business allocation percentage referred to in Section 128.0701. A factor is applicable everi though it may be allocable entirely in or outside the City. 128.0704 RENTALS. (a) Rental income received by a taxpayer shall be ihcluded in the computation of net profits from business activities under subsections (c), (d) and (e) of Section 128.0501, only if and to the extent that the rental, ownership, management or operations of the real estate from which such rentals are derived (whether so rented, managed or operated by a taxpayer individually or through agents or other representatives) constitutes a business activity of the taxpayer in whole or in part. If it does not constitute a business activity, the. income is taxable simply as °other income." (b) Where the gross monthly rental of any and all real properties regardless of number and value, aggregates in excess. of two hundred fifty dollars ($250.00) per