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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
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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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the taxable year in which the loss was incurred, but in no case for more years than necessary for <br />the deduction to be fully utilized. <br />(ii) No person shall use the deduction allowed by division (C)(24)(c) of this section to <br />offset qualifying wages. <br />(iii)(a) Fortaxable years beginning in 2018, 2019, 2020, 2021, or 2022, a person may not deduct <br />more than fifty percent (50%) of the amount of the deduction otherwise allowed by division (C)(24(c) of <br />this section. <br />(b) For taxable years beginning in 2023 or thereafter, a person may deduct the full <br />amount allowed by (C)(24)(c) of this section without regard to the limitation of division <br />(C)(24)(c)(iii)(a) of this section. <br />(iv) Any pre -2017 net operating loss carryforward deduction that is available may be utilized <br />before a taxpayer may deduct any amount pursuant to (C)(24xc) of this section. <br />(v) Nothing in division (Cx24)(c)(iii)(a) of this section precludes a person from carrying <br />forward, for use with respect to any return filed for a taxable year beginning after 2018, any amount of <br />net operating loss that was not fully utilized by operation of division (C)(24)(c)(iii)(a) of this section. To <br />the extent that an amount of net operating loss that was not fully utilized in one or more taxable years <br />by operation of division (C)(1)(h)(iiixa) of this section is carried forward for use with respect to a return <br />filed for a taxable year beginning in 2019, 2020, 2021, or 2022, the limitation described in division <br />(Cx24xcxiii)(a) of this section shall apply to the amount carried forward. <br />(d) For the purposes of this Chapter, and notwithstanding division (Cx24xa) ofthis section, net profit <br />of a disregarded entity shall not be taxable as against that disregarded entity, but shall instead be included <br />in the net profit of the owner of the disregarded entity. <br />(e) A publicly traded partnership that is treated as a partnership for federal income tax purposes, and <br />that is subject to tax on its net profits by the City, may elect to be treated as a C corporation for the City. <br />The election shall be made on the annual return for the City. The City will treat the publicly traded <br />partnership as a C corporation if the election is so made. <br />(25) "Nonresident" means an individual that is not a resident. <br />(26) "Ohio Business Gateway" means the online computer network system, created under Section <br />125.30 of the ORC, that allows persons to electronically file business reply forms with state agencies and <br />includes any successor electronic filing and payment system. <br />(27) "Other payer" means any person, other than an individual's employer or the employer's agent, that <br />pays an individual any amount included in the federal gross income of the individual. "Other payer" <br />includes casino operators and video lottery terminal sales agents. <br />(28) "Pass-through entity" means a partnership not treated as an association taxable as a C corporation <br />for federal income tax purposes, a limited liability company not treated as an association taxable as a C <br />corporation for federal income tax purposes, an S corporation, or any other class of entity from which the <br />income or profits of the entity are given pass-through treatment for federal income tax purposes. "Pass- <br />through entity" does not include a trust, estate, grantor of a grantor trust, or disregarded entity. <br />10 <br />
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