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098-92 Ordinance AMENDED RECORD OF ORDINANCES - Dayton Legal Blank Co, Form No. 30043 Ordinance N 0 ....9.~~~.~J~l11ended) Passedm.mmum._. 00'."-000000' n.._n19..unu AN ORDINANCE AMENDING CHAPTER 181 ("INCOME TAX") OF THE CODIFIED ORDINANCES OF THE "... CITY OF DUBLIN. OHIO ... WHEREAS. Chapter 181 of the Codified Ordinances establishes a local income tax and the policies and guidelines in administering the tax; and, WHEREAS. Section 181,05 (b) states. each taxpayer whose salaries, wages, commissions and other compensation are subject to the tax imposed by this chapter may offset losses from any business or professional activity when conducted in this Municipality or in any municipality that does not levy an income tax on net profits therefrom, A husband and wife, in any taxable year, may elect to file separate or joint returns, If joint returns are filed, a husband or wife may offset losses from any business or professional activity when conducted in this Municipality or on any municipality that does not levy an income tax on net profits therefrom; and, WHEREAS, Section 181,05 (h) states, employee business expenses, as defined on Federal Form 2106. are not a deductible item against income subject to city taxation; and, WHEREAS, Section 181.05 (i) states, the election amount taken as IRC Section 179 expense is not an allowable deduction against Dublin income for corporate or partnership purposes; and, WHEREAS. Section 181.05 (j) states, amounts received as moving expense reimbursement r- are includable in full as taxable income, No deduction is permitted against taxable income for any Form 1040. Schedule A itemized deduction; and, - WHEREAS, Section 181.08 states, in part, a declaration of estimated tax which is less than eighty percent (80%) of the tax shown on the final return shall not be considered in good faith. The difference shall be subject to penalties and interest as provided for in Section 181,14, NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Dublin, Ohio, State of Ohio 7 of the elected members concurring: SECTION 1, That Section 181,05 (b) be. and hereby is amended as follows: Commencing with taxable years beginning subsequent to December 31, 1992. the net loss from an unincorporated business activity may not be used to offset salaries, wages, commissions or other compensation, However, if a taxpayer is engaged in two or more taxable business activities to be included in the same return, the net loss of one unincorporated business activity (except any portion of a loss separately reportable for municipal tax purposes to another taxing entity) may be used to offset the profits of another for purposes of arriving at overall net profits, A husband and wife, in any taxable year, may elect to file separate or joint returns, SECTION 2, That Section 181.05 (h) be, and hereby is amended as follows: ,"""" Commencing with taxable years beginning subsequent to December 31, -- 1992. employee business expenses. as defined on Federal Form 2106, may be deducted against income subject to City taxation. If income is allocated between cities, 2106 expenses should likewise be allocated. SECTION 3, That Section 181 .05 (i) be eliminated from Chapter 181 of the Dublin Codified Ordinance. -"''''~t:l!ll,~'1.i,,!!<~_I,l..~.~I_?l ~ u....~).ilHill1,!l1!liIil- ..,-...~_ _ r.,:w:::r1l' _ -- .Ii J_ :_~_ :,r"__n",'_'>"''''~'''''''''M>~..'''''~I''''1~\''o!!\'~~'''''''''''''--: -0 1 1l4, --.. ~~---,,~.., RECORD OF ORDINANCES Dayton Legal Blank Co. Form No. 30043 0- . nnnnnnn19 . n+= Ordinance No. moooooommmo Passed moo On 0__0 98-92 (AmAndAd) Page Two I I r- SECTION 4. That Section 181.05 (j) be, and hereby is amended as follows: \... Commencing with taxable years beginning subsequent to December 31. 1992, moving expense reimbursements, in excess of Federal Form 3903, are includable as taxable income. SECTION 5. The language currently in Section 181.08 be, and hereby is amended as I follows: An entity (individual, corporate or association) may pay one hundred percent (100%) of the prior year's tax in four equal installments in the current year and avoid any underpayment of estimated tax penalty. Prior year tax of zero or a prior year loss will not avoid penalty. No penalty for failure to pay estimated tax will apply to an entity whose tax for the year, after credit for tax withheld, is less than one hundred dollars. A declaration of estimated tax which is less than ninety percent (90%) of the tax shown to be due on the final return shall not be considered in good faith, The difference shall be subject to penalties and interest as provided for in Section 181,14, SECTION 6. That this Ordinance shall take effect and be in force on the earliest date permitted by law, r {, Passed this / lj...,A day of 77~ , 1992, -- ATTEST: ~ (! ~ Clerk of Council I hereby wff'! that cO:J;es of th:s Oid'nance/.illlQI"rulT were posted in the City of DIJbrn in accordar.ce with Section 731.25 of the Ci:,io Revised Code, ~. LA... ~ ~~ Clerk of Council, Dublin, Ohio "... .,-