Laserfiche WebLink
this section solely in order to avoid or reduce the employer's municipal income tax liability. If the Tax <br />Administrator makes such a determination, the employer may dispute the determination by establishing, by <br />a preponderance of the evidence, that the Tax Administrator's determination was unreasonable. <br />(4) For the purposes of division (F)(I)(c) of this section, and except as provided in division (G) of this <br />section, receipts from sales and rentals made and services performed shall be sitused to a municipal <br />corporation as follows: <br />(a) Gross receipts from the sale of tangible personal property shall be sitused to the municipal <br />corporation in which the sale originated. For the purposes of this division, a sale of property originates in <br />the City if, regardless of where title passes, the property meets any of the following criteria: <br />(i) The property is shipped to or delivered within the City from a stock of goods located within the <br />City. <br />(ii) The property is delivered within the City from a location outside the City, provided the taxpayer <br />is regularly engaged through its own employees in the solicitation or promotion of sales within the City and <br />the sales result from such solicitation or promotion. <br />(iii) The property is shipped from a place within the City to purchasers outside the City, provided <br />that the taxpayer is not, through its own employees, regularly engaged in the solicitation or promotion of <br />sales at the place where delivery is made. <br />(b) Gross receipts from the sale of services shall be sitused to the City to the extent that such services <br />are performed in the City. <br />(c) To the extent included in income, gross receipts from the sale of real property located in the City <br />shall be sitused to the City. <br />(d) To the extent included in income, gross receipts from rents and royalties from real property located <br />in the City shall be sitused to the City. <br />(e) Gross receipts from rents and royalties from tangible personal property shall be sitused to the City <br />based upon the extent to which the tangible personal property is used in the City. <br />(5) The net profit received by an individual taxpayer from the rental of real estate owned directly by the <br />individual, or by a disregarded entity owned by the individual, shall be subject to the City's tax only if the <br />property generating the net profit is located in the City or if the individual taxpayer that receives the net <br />profit is a resident of the City. the City shall allow such taxpayers to elect to use separate accounting for <br />the purpose of calculating net profit sitused under this division to the municipal corporation in which the <br />property is located. <br />(6)(a) Commissions received by a real estate agent or broker relating to the sale, purchase, or lease of <br />real estate shall be sitused to the municipal corporation in which the real estate is located. Net profit reported <br />by the real estate agent or broker shall be allocated to the City, if applicable, based upon the ratio of the <br />commissions the agent or broker received from the sale, purchase, or lease of real estate located in the City <br />to the commissions received from the sale, purchase, or lease of real estate everywhere in the taxable year. <br />IE <br />