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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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(45) "Tax Administrator" means the individual charged with direct responsibility for administration of <br />an income tax levied by the City in accordance with this Chapter. Tax Administrator does not include the <br />state tax commissioner. <br />(45)(b) "Tax Commissioner" means the tax commissioner appointed under Section 121.03 of the ORC. <br />(46) "Tax return preparer" means any individual described in Section 7701(a)(36) of the Internal <br />Revenue Code and 26 C.F.R. 301.7701-15. <br />(47) "Taxable year" means the corresponding tax reporting period as prescribed for the taxpayer under <br />the Internal Revenue Code. <br />(48)(a) "Taxpayer" means a person subject to a tax levied on income by a municipal corporation in <br />accordance with this Chapter. "Taxpayer" does not include a grantor trust or, except as provided in division <br />(Cx48)(bxi) of this section, a disregarded entity. <br />(b)(i) A single member limited liability company that is a disregarded entity for federal tax purposes <br />may be a separate taxpayer from its single member in all Ohio municipal corporations in which it either <br />filed as a separate taxpayer or did not file for its taxable year ending in 2003, if all of the following <br />conditions are met: <br />(a) The limited liability company's single member is also a limited liability company. <br />(b) The limited liability company and its single member were formed and doing business in one <br />or more Ohio municipal corporations for at least five years before January 1, 2004. <br />(c) Not later than December 31, 2004, the limited liability company and its single member each <br />made an election to be treated as a separate taxpayer under division (L) of ORC 718.01 as that section <br />existed on December 31, 2004. <br />(d) The limited liability company was not formed for the purpose of evading or reducing Ohio <br />municipal corporation income tax liability of the limited liability company or its single member. <br />(e) The Ohio municipal corporation that was the primary place of business of the sole member <br />of the limited liability company consented to the election. <br />(ii) For purposes of division (C)(48)(b)(ii) of this section, a municipal corporation was the primary <br />place of business of a limited liability company if, for the limited liability company's taxable year ending <br />in 2003, its income tax liability was greater in that municipal corporation than in any other municipal <br />corporation in Ohio, and that tax liability to that municipal corporation for its taxable year ending in 2003 <br />was at least $400,000. <br />(49) "Taxpayers' rights and responsibilities" means the rights provided to taxpayers in Sections 9, 12, <br />13, 19(B), 20, 21, and Sections 5717.011 and 5717.03 of the ORC, and the responsibilities of taxpayers to <br />file, report, withhold, remit, and pay municipal income tax and otherwise comply with Chapter 718 of the <br />ORC and resolutions, ordinances, and rules and regulations adopted by the City for the imposition and <br />administration of a municipal income tax. <br />(50) "Video lottery terminal" has the same meaning as in Section 3770.21 of the ORC. <br />14 <br />
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