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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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(b) A stockholder, or a stockholder's partnership, estate, trust, or corporation, if the stockholder and <br />the stockholder's partnerships, estates, trusts, or corporations own directly, indirectly, beneficially, or <br />constructively, in the aggregate, at least fifty percent (50%) of the value of the taxpayer's outstanding stock; <br />(c) A corporation, or a party related to the corporation in a manner that would require an attribution <br />of stock from the corporation to the party or from the party to the corporation under division (C)(36)(d) of <br />this section, provided the taxpayer owns directly, indirectly, beneficially, or constructively, at least fifty <br />percent of the value of the corporation's outstanding stock; <br />(d) The attribution rules described in Section 318 of the Internal Revenue Code apply for the purpose <br />of determining whether the ownership requirements in divisions (C)(36)(a) to (c) of this section have been <br />met. <br />(37) "Related member" means a person that, with respect to the taxpayer during all or any portion of <br />the taxable year, is either a related entity, a component member as defined in Section 1563(b) of the Internal <br />Revenue Code, or a person to or from whom there is attribution of stock ownership in accordance with <br />Section 1563(e) of the Internal Revenue Code except, for purposes of determining whether a person is a <br />related member under this division, " twenty percent (20%)" shall be substituted for "five percent (5%)" <br />wherever "five percent (5%)" appears in Section 1563(e) of the Internal Revenue Code. <br />(38) "Resident" means an individual who is domiciled in the municipal corporation as determined under <br />Section 1501.03(E). <br />(39) "S corporation" means a person that has made an election under subchapter S of Chapter I of <br />Subtitle A of the Internal Revenue Code for its taxable year. <br />(40) "Schedule C" means internal revenue service schedule C (form 1040) filed by a taxpayer pursuant <br />to the Internal Revenue Code. <br />(41) "Schedule E" means internal revenue service schedule E (form 1040) filed by a taxpayer pursuant <br />to the Internal Revenue Code. <br />(42) "Schedule F" means internal revenue service schedule F (form 1040) filed by a taxpayer pursuant <br />to the Internal Revenue Code. <br />(43) "Single member limited liability company" means a limited liability company that has one direct <br />member. <br />(44) "Small employer" means any employer that had total revenue of less than $500,000 during the <br />preceding taxable year. For purposes of this division, "total revenue" means receipts of any type or kind, <br />including, but not limited to, sales receipts; payments; rents; profits; gains, dividends, and other investment <br />income; compensation; commissions; premiums; money; property; grants; contributions; donations; gifts; <br />program service revenue; patient service revenue; premiums; fees, including premium fees and service fees; <br />tuition payments; unrelated business revenue; reimbursements; any type of payment from a governmental <br />unit, including grunts and other allocations; and any other similar receipts reported for federal income tax <br />purposes or under generally accepted accounting principles. "Small employer" does not include the federal <br />government; any state government, including any state agency or instrumentality; any political subdivision; <br />or any entity treated as a government for financial accounting and reporting purposes. <br />13 <br />
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