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2018 004 Ordinance
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2018 004 Ordinance
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Last modified
3/22/2019 10:59:18 AM
Creation date
3/22/2019 4:12:53 AM
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Legislation-Meeting Minutes
Document Type
Ordinance
Number
004
Date
1/29/2018
Year
2018
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consideration for the use of capital and treated as payment of interest under Section 469 of the Internal <br />Revenue Code or United States treasury regulations. Amounts paid or accrued to a qualified self-employed <br />retirement plan with respect to a partner, former partner, shareholder, former shareholder, member, or <br />former member of the taxpayer, amounts paid or accrued to or for health insurance for a partner, former <br />partner, shareholder, former shareholder, member, or former member, and amounts paid or accrued to or <br />for life insurance for a partner, former partner, shareholder, former shareholder, member, or former member <br />shall not be allowed as a deduction. <br />Nothing in division (C)(1) of this section shall be construed as allowing the taxpayer to add or deduct any <br />amount more than once or shall be construed as allowing any taxpayer to deduct any amount paid to or <br />accrued for purposes of federal self-employment tax. <br />(16) "Income" means the following: <br />(a)(i) For residents, all income, salaries, qualifying wages, commissions, and other compensation from <br />whatever source eamed or received by the resident, including the resident's distributive share of the net <br />profit of pass-through entities owned directly or indirectly by the resident and any net profit of the resident, <br />except as provided in (C)(24)(e) of this section. <br />(ii) or the purposes of division (C)(16)(a)(i) of this section: <br />(a) Any net operating loss of the resident incurred in the taxable year and the resident's <br />distributive share of any net operating loss generated in the same taxable year and attributable to the <br />resident's ownership interest in a pass-through entity shall be allowed as a deduction, for that taxable year <br />and the following five taxable years, against any other net profit of the resident or the resident's distributive <br />share of any net profit attributable to the resident's ownership interest in a pass-through entity until fully <br />utilized, subject to division (C)(16)(a)(iv) of this section; <br />(b) The resident's distributive share of the net profit of each pass-through entity owned directly <br />or indirectly by the resident shall be calculated without regard to any net operating loss that is carried <br />forward by that entity from a prior taxable year and applied to reduce the entity's net profit for the current <br />taxable year. <br />(iii) Division (C)(16)(a)(ii) of this section does not apply with respect to any net profit or net <br />operating loss attributable to an ownership interest in an S corporation unless shareholders' shares of net <br />profits from S corporations are subject to tax in the municipal corporation as provided in division(C)(12)(n) <br />or (C)(16)(e) of this section. <br />(iv) Any amount of a net operating loss used to reduce a taxpayer's net profit for a taxable year <br />shall reduce the amount of net operating loss that may be carried forward to any subsequent year for use by <br />that taxpayer. In no event shall the cumulative deductions for all taxable years with respect to a taxpayer's <br />net operating loss exceed the original amount of that net operating loss available to that taxpayer. <br />(b) In the case of nonresidents, all income, salaries, qualifying wages, commissions, and other <br />compensation from whatever source earned or received by the nonresident for work done, services <br />performed or rendered, or activities conducted in the municipal corporation, including any net profit of the <br />nonresident, but excluding the nonresident's distributive share of the net profit or loss of only pass-through <br />entities owned directly or indirectly by the nonresident. <br />(c) ) For taxpayers that are not individuals, net profit of the taxpayer;
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