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31-15 Municipal Income Tax
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31-15 Municipal Income Tax
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(a) Significant and wide - ranging amendments to ORC 718 were enacted by Am <br />Sub BB 5, passed by the 130" General Assembly, and signed by Governor <br />Kasich on December 19, 2014, and H.B. 5 required municipal corporations to <br />conform to and adopt the provisions of ORC 718 in order to have the authority <br />to impose, enforce, administer and collect a municipal income tax. <br />(b) As mandated by H.B. 5, municipal income tax Ordinance 21�15 31 -15, <br />effective January 1, 2016, comprehensively amends Chapter 128 in accordance <br />with the provisions of ORC 718 to allow the Municipality to continue the in- <br />come tax and withholding tax administration and collection efforts on behalf of <br />the Municipality. <br />128.02 EFFECTIVE DATE <br />(a) Ordinance 2015 XX31-15, effective January 1, 2016, and corresponding <br />changes to ORC 718, apply to municipal taxable years beginning on or after <br />January 1, 2016. All provisions of this Chapter 128 apply to taxable years be- <br />ginning 2016 and succeeding taxable years. <br />(b) Ordinance 2011 X 31 -15 does not repeal the existing sections of Chapter <br />128 for any taxable year prior to 2016, but rather amends Chapter 128 effective <br />January 1, 2016. For municipal taxable years beginning before January 1, 2016, <br />the Municipality shall continue to administer, audit, and enforce the income tax <br />of the Municipality under ORC 718 and ordinances and resolutions of the Mu- <br />nicipality, as that chapter and those ordinances and resolutions existed before <br />January 1, 2016. <br />(Uncodified Section 2 of Am Sub HB 5, passed Dec 2014; ORC 718.04) <br />128.03 DEFINITIONS <br />Any tens used in this chapter that is not otherwise defined in this chapter has the <br />same meaning as when used in a comparable context in laws of the United <br />States relating to federal income taxation or in Title LVII of the Ohio Revised <br />Code, unless the context clearly indicates or requires a different meaning. If a <br />term used in this chapter that is not otherwise defined in this chapter is used in a <br />comparable context in both the laws of the United States relating to federal in- <br />come tax and in Title LVII of the Ohio Revised Code and the use is not con- <br />sistent then the use of the term in the laws of the United States relating to feder- <br />al income tax shall control over the use of the tern in Title LVII of the Ohio <br />Revised Code. <br />For purposes of this Section, the singular shall include the plural, and the mascu- <br />line shall include the feminine and the gender - neutral. <br />As used in this chapter: <br />(a) "ADJUSTED FEDERAL TAXABLE INCOME," for a person required to <br />file as a C corporation, or for a person that has elected to be taxed as a C corpo- <br />ration under division 2W(vX4) of this section, means a C corporation's feder- <br />al taxable income before net operating losses and special deductions as deter- <br />mined under the Internal Revenue Code, adjusted as follows: <br />(Al) Deduct intangible income to the extent included hi federal taxable <br />income. The deduction shall be allowed regardless of whether the in- <br />tangible income relates to assets used in a trade or business or assets <br />held for the production of income. <br />23 <br />
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