[Ord. No. 127-1967]
As used in this chapter, unless otherwise expressly stated or
clearly indicated by the context, the following terms shall have the
meanings indicated:
ASSOCIATION
A partnership, limited partnership or any other unincorporated
group of two or more persons.
BUSINESS
See Chapter
5-715, Business Privilege and Mercantile Tax.
CURRENT YEAR
The present calendar year for which a tax is levied.
EARNED INCOME
Salaries, wages, commissions, bonuses, incentive payments,
fees, tips, and other compensation received by a person or his or
her personal representative for services rendered, whether directly
or through an agent, and whether in cash or in property. This term
does not include:
A.
Wages or compensation paid to persons on active military service;
B.
Periodic payments for sickness and disability other than regular
wages received during a period of sickness, disability or retirement;
C.
Payments arising under workers' compensation acts, occupational
disease acts and similar legislation;
D.
Payments commonly recognized as old-age benefits, retirement
pay or pensions paid to persons retired from service after reaching
a specific age or after a stated period of employment;
E.
Payments commonly known as "public assistance";
F.
Unemployment compensation payments made by any governmental
agency;
G.
Payments to reimburse expenses;
H.
Payments made by employers or labor unions for wage and salary
supplemental programs, including, but not limited to, programs covering
hospitalization, sickness, disability, or death, supplemental unemployment
benefits, strike benefits, social security and retirement.
EMPLOYEE
An individual who works, for financial or other compensation,
for another person, partnership, association, corporation, governmental
body, agency, or other entity employing one or more persons on a salary,
wage, commission, or other compensation basis; a self-employed person.
INCOME TAX OFFICER or OFFICER
A person, public employee or private agency designated by
Council to collect and administer the tax on earned income and net
profits.
NET PROFITS
The net income from the operation of a business, profession
or other activity, except a corporation, after provisions for all
costs and expenses incurred in the conduct thereof, determined either
on a cash or accrual basis in accordance with the accounting system
used in such business, profession or other activity, but without deduction
of taxes based on income.
NONRESIDENT
A person, partnership, association, or other entity domiciled
outside the City.
If, for any reason, the tax is not paid when due, interest at
the rate of 6% per annum on the amount of said tax and an additional
penalty of 0.5% of the amount of unpaid tax for each month or fraction
thereof during which the tax remains unpaid shall be added and collected.
Where suit is brought for the recovery of any such tax, the taxpayer
or employer liable therefor shall, in addition, be liable for the
costs of collection and the interest and penalties herein imposed.
The Income Tax Officer is hereby authorized to accept payment
of the amount of tax claimed by the City in any case where any person
disputes the validity or amount of the City's claim for the tax.
If it is thereafter judicially determined by a court of competent
jurisdiction that there has been an overpayment to the Income Tax
Officer, the amount of the overpayment shall be refunded or credited
to the taxpayer or employer who paid.
See Chapter
5-717, Enforcement and Penalties.