[Ord. 20-1454; Ord. 21-1465; Ord. 22-1485]
For the purpose of this chapter and Metro Code Chapters
7.06 and
7.07, the terms used are defined as provided in this section unless the context requires otherwise.
ADMINISTRATORMeans Metro’s agent for purposes of administering and enforcing the Business and Personal Income Tax Laws.
APPEALS BOARDMeans the hearings body designated by the Administrator to review taxfiler appeals from final determinations by the Administrator.
BUSINESSMeans an enterprise, activity, profession or undertaking of any nature, whether related or unrelated, by a person in the pursuit of profit, gain or the production of income, including services performed by an individual for remuneration, but does not include wages earned as an employee.
DISTRICTMeans all the territory within the jurisdictional boundary of Metro as provided by law.
DOING BUSINESSMeans to engage in any activity in pursuit of profit or gain, including but not limited to, any transaction involving the holding, sale, rental or lease of property, the manufacture or sale of goods or the sale or rendering of services other than as an employee. Doing business includes activities carried on by a person through officers, agents or employees as well as activities carried on by a person on their own behalf.
DOMICILEMeans the place an individual considers to be the individual’s true, fixed, permanent home. Domicile is the place a person intends to return to after an absence. A person can only have one domicile at a given time. A person’s domicile continues as their domicile until the person demonstrates (1) an intent to abandon the current domicile and acquire a new domicile, and (2) then actually resides in the new domicile. Factors that contribute to determining domicile include family, business activities and social connections. A person is domiciled in the District if the person’s domicile is located within the District.
EMPLOYEEMeans any individual who is classified for Oregon tax purposes as an employee.
INDIVIDUALMeans a natural person, including a natural person who reports that person’s income to the State of Oregon in a joint personal State income tax return. In such case, Individual refers to the joint taxfiler.
METROMeans the Metropolitan Service District of the Portland metropolitan area, a municipal corporation established and existing pursuant to Section
14 of Article XI of the Oregon Constitution, ORS Chapter
268 and the Metro Charter.
METRO INCOME TAX LAWSMeans, collectively, the Business Income Tax Law, the Personal Income Tax Law and the code chapters and administrative rules that administer and govern those taxes.
METRO TAXABLE INCOMEMeans income attributable to sources within the District less deductions from income attributable to sources within the District. This includes, but is not limited to:
(a) Wages received by a nonresident taxfiler attributable to work performed within the District;
(b) Items reported to a nonresident taxfiler attributable to the taxfiler’s ownership interest in a pass-through entity that does business in the District and reports tax items attributable to that ownership interest to the taxfiler on a Schedule K-1; and
(c) Income and expenses from a sole proprietorship or disregarded entity attributable to business in the District and reported on a nonresident taxfiler’s individual return.
NET OPERATING LOSSMeans the negative taxable income that may result after the deductions allowed by the Business Income Tax Law in determining net income for the tax year.
NONRESIDENTMeans an individual who is not a resident of the District.
NOTICEMeans a written document mailed by first class by the Administrator or District to the last known address of a taxfiler as provided to the Administrator or District in the latest registration form or tax return on file with the Administrator. Alternatively, notice may be delivered in person, by facsimile, email, or other means with taxfiler consent.
OREGON TAXABLE INCOMEMeans the taxable income of residents or part year residents as reported or as reportable to the State of Oregon for personal income tax purposes.
PART-YEAR RESIDENTMeans a taxfiler who changes status during a tax year from resident to nonresident or from nonresident to resident.
PERSONMeans, but is not limited to, an individual, a natural person, married couple filing jointly, proprietorship, partnership, limited partnership, family limited partnerships, association, cooperative, trust, estate, corporation, personal holding company, limited liability company, limited liability partnership or any other form of organization for doing business. Each person who is not a natural person must designate a natural person in writing as its designated representative who is authorized to act and testify on behalf of such person.
PERSONAL INCOME TAX LAWMeans the personal income taxes imposed on District residents and nonresidents under the provisions of Metro Code Chapter
7.06.
RECEIVEDMeans the postmark date affixed by the United States postal service if mailed, the date stamp if delivered by hand or sent by facsimile, or the receipt date from the online file and pay application confirmation notice.
RESIDENTMeans (1) an individual whose domicile is within the District for the entire taxable year unless the individual maintains no permanent place of abode in the District, does maintain a permanent place of abode outside of the District, and spends on aggregate not more than 30 days per tax year in the District; or, (2) an individual who is not domiciled in the District but maintains a permanent place of abode in the District and spends in the aggregate more than 200 days or any part of a day of the tax year in the District unless the individual proves that the individual is in the District for only a temporary or transitory purpose. Resident does not include: an individual who is a qualified individual under section
911(d)(1) of the Internal Revenue Code for the tax year; the spouse of a qualified individual under Section
911(d)(1) of the Internal Revenue Code, if the spouse is not a resident of the District; a resident alien under section
7701(b) of the Internal Revenue Code who would be considered a qualified individual under Section
911(d)(1) of the Internal Revenue Code if the resident alien were a citizen of the United States; a member of the Armed Forces who performs active service as defined in 10 U.S.C.
101(d)(3), other than annual training duty or inactive-duty training, if the member’s residency as reflected in the payroll records of the Defense Finance and Accounting Service is outside the District.
TAX YEARMeans the taxable year of a person for Federal or State income tax purposes.
TAXFILERMeans any person whose income in whole or in part is subject to Metro Income Tax Laws and is required to file a return under Metro Income Tax Laws.