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City if the taxpayer is regularly engaged through its own employees in the so- <br />licitation or promotion of sales within the City and the sales result from such so- <br />licitation or promotion. <br />(c) All sales of tangible personal property which is shipped from a place within <br />the City to purchasers outside of the City regardless of where title passes if the <br />taxpayer is not, through its own employees, regularly engaged in the solicitation <br />or promotion of sates at the place where delivery is made. (Ord. 71 -10. Passed <br />I1- 1 -10.) <br />128.0703 TOTAL ALLOCATION. <br />Add together the percentages determined in accordance with subsections (a), (b) <br />and (c) of Section 128.0701, or such of the aforesaid percentages as are appli- <br />cable to the particular taxpayer and divide the total so obtained by the number of <br />percentages used in deriving such total in order to obtain the business allocation <br />percentage referred to in Section 128.0701. A factor is applicable even though it <br />may be allocable entirely in or outside the City. (Ord. 71 -10. Passed 11- 1 -10.) <br />128.0704 RENTALS. <br />(a) Rental income received by a taxpayer shall be included in the computation <br />of net profits from business activities under subsections (c), (d) and (e) of Sec- <br />tion 128.0501 , only if and to the extent that the rental, ownership, management <br />or operations of the real estate from which such rentals are derived (whether so <br />rented, managed or operated by a taxpayer individually or through agents or <br />other representatives) constitutes a business activity of the taxpayer in whole or <br />in part. If it does not constitute a business activity, the income is taxable simply <br />as `other income" . <br />(b) Where the gross monthly rental of any and all real properties regardless of <br />number and value, aggregates in excess of two hundred fifty dollars ($250.00) <br />per month, it shall be prima- facie evidence that the rental, ownership, manage- <br />ment or operation of such properties is a business activity of such taxpayer, and <br />the net income of such rental property shall be subject to tax; in the case of <br />commercial property, the owner shall be considered engaged in a business activ- <br />ity when the rental is based on a fixed or fluctuating percentage of gross or net <br />sales, receipts or profits of the lessee, whether or not such rental exceeds two <br />hundred fifty dollars ($250.00) per month; in the case of farm property, the <br />owner shall be considered engaged in a business activity when he shares in <br />crops or when the rental is based on a percentage of the gross or net receipts de- <br />rived from the farm, whether or not the gross income exceeds two hundred fifty <br />dollars ($250.00) per month; the person who operates a licensed rooming house <br />shall be considered in business whether or not the gross income exceeds two <br />hundred fifty dollars ($250.00) per month. (Ord. 71 -10. Passed 11- 1 -10.) <br />128.0705 OPERATING LOSS CARRY FORWARD. <br />(a) The portion of a net operating loss sustained in any taxable year subsequent <br />to July 1, 1967, allocable to the City may be applied against the portion of the <br />profit of succeeding tax years allocable to the City, until exhausted but in no <br />event for more than five taxable years immediately following the year in which <br />the loss occurred. No portion of a net operating loss shall be carried back against <br />net profits of any prior year. <br />(b) The portion of net operating loss sustained shall be allocated to the City in <br />the same manner as provided herein for allocating net profits to the City. <br />(c) The Administrator shall provide by rules and regulations the manner in <br />which such net operating loss carry forward shall be determined. (Ord. 71 -10. <br />Passed 11- 1 -10.) <br />EXEMPTIONS <br />128.0901 SOURCES OF INCOME NOT TAXED. <br />