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2023-143 Ordinance
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2023-143 Ordinance
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12/21/2023 10:07:18 AM
Creation date
12/21/2023 9:19:53 AM
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North Olmsted Legislation
Legislation Number
2023-143
Legislation Date
12/19/2023
Year
2023
Legislation Title
Restated Municipal Tax Code Chapter 15
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Businesses. <br />(E) This division applies to any taxpayer engaged in a business or profession in the City, <br />unless the taxpayer is an individual who resides in the City or the taxpayer is an electric <br />company, combined company, or telephone company that is subject to and required to file <br />reports under Chapter 5745 of the ORC. <br />(1) Except as otherwise provided in division (17)(2) of this section, net profit from a <br />business or profession conducted both within and without the boundaries of the City shall <br />be considered as having a taxable situs in the City for purposes of municipal income <br />taxation in the same proportion as the average ratio of the following: <br />(a) The average original cost of the real property and tangible personal property <br />owned or used by the taxpayer in the business or profession in the City during the taxable <br />period to the average original cost of all of the real and tangible personal property owned <br />or used by the taxpayer in the business or profession during the same period, wherever <br />situated. <br />As used in the preceding paragraph, tangible personal or real property shall include <br />property rented or leased by the taxpayer and the value of such property shall be <br />determined by multiplying the annual rental thereon by eight; <br />(b) Wages, salaries, and other compensation paid during the taxable period to <br />individuals employed in the business or profession for services performed in the City to <br />wages, salaries, and other compensation paid during the same period to individuals <br />employed in the business or profession, wherever the individual's services are performed, <br />excluding compensation from which taxes are not required to be withheld under Section <br />1501.04 (C); <br />(c) Total gross receipts of the business or profession from sales and rentals made <br />and services performed during the taxable period in the City to total gross receipts of the <br />business or profession during the same period from sales, rentals, and services, wherever <br />made or performed. <br />(2) (a) If the apportionment factors described in division (17)(1) of this section do not <br />fairly represent the extent of a taxpayer's business activity in the City, the taxpayer may <br />request, or the Tax Administrator of the City may require, that the taxpayer use, with <br />respect to all or any portion of the income of the taxpayer, an alternative apportionment <br />method involving one or more of the following: <br />(i) Separate accounting; <br />(ii) The exclusion of one or more of the factors; <br />(iii) The inclusion of one or more additional factors that would provide for a more <br />fair apportionment of the income of the taxpayer to the municipal corporation; <br />(iv) A modification of one or more of the factors. <br />
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