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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 tax due as required by this section. The dissolution of an employer, agent of an employer, or other payer <br />does not discharge the officer's or employee's liability for a failure of the employer, agent of an employer, <br />or other payer to file returns or pay any tax due. <br />(10) An employer is required to deduct and withhold the City income tax on tips and gratuities received <br />by the employer's employees and constituting qualifying wages, but only to the extent that the tips and <br />gratuities are under the employer's control. For the purposes of this division, a tip or gratuity is under the <br />employer's control if the tip or gratuity is paid by the customer to the employer for subsequent remittance <br />to the employee, or if the customer pays the tip or gratuity by credit card, debit card, or other electronic <br />means. <br />(11) The Tac Administrator shall consider any tax withheld by an employer at the request of an employee, <br />when such tax is not otherwise required to be withheld by this Chapter, to be tax required to be withheld <br />and remitted for the purposes of this section <br />Occasional Entrant - Withholdine. <br />(C)(l) As used in this division: <br />(a) "Employer" includes a person that is a related member to or of an employer. <br />(b) "Fixed location" means a permanent place of doing business in this state, such as an office, <br />warehouse, storefront, or similar location owned or controlled by an employer. <br />(c) "Principal place of work" means the fixed location to which an employee is required to report for <br />employment duties on a regular and ordinary basis. If the employee is not required to report for employment <br />duties on a regular and ordinary basis to a fixed location, "principal place of work" means the worksite <br />location in this state to which the employee is required to report for employment duties on a regular and <br />ordinary basis. If the employee is not required to report for employment duties on a regular and ordinary <br />basis to a fixed location or worksite location, "principal place of work" means the location in this state at <br />which the employee spends the greatest number of days in a calendar year performing services for or on <br />behalf of the employee's employer. <br />If there is not a single municipal corporation in which the employee spent the "greatest number of days in <br />a calendar year" performing services for or on behalf of the employer, but instead there are two or more <br />municipal corporations in which the employee spent an identical number of days that is greater than the <br />number of days the employee spent in any other municipal corporation, the employer shall allocate any of <br />the employee's qualifying wages subject to division (C)(2Xa)(i) of this section among those two or more <br />municipal corporations. The allocation shall be made using any fair and reasonable method, including, but <br />not limited to, an equal allocation among such municipal corporations or an allocation based upon the time <br />spent or sales made by the employee in each such municipal corporation. A municipal corporation to which <br />qualifying wages are allocated under this division shall be the employee's "principal place of work" with <br />respect to those qualifying wages for the purposes of this section. <br />For the purposes of this division, the location at which an employee spends a particular day shall be <br />determined in accordance with division (CX2Xb) of this section, except that "location" shall be substituted <br />for "municipal corporation" wherever "municipal corporation" appears in that division. <br />(d) "Professional athlete" means an athlete who performs services in a professional athletic event for <br />wages or other remuneration. <br />24 <br />
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