§19-1501. Definitions.
(1)
Business. An enterprise, activity, profession or
undertaking of any nature conducted for profit or ordinarily conducted for
profit, whether by an individual, co-partnership, association, governmental body
or unit or agency, or any other entity;
(2)
Employee. Any person
who renders services to another for a consideration or its equivalent, under an
express or implied contract, and who is under the control and direction of the
latter, including temporary, provisional, casual or part-time
employment;
(3)
Employer. An individual, co-partnership,
association, corporation, governmental body or unit or agency, or any other
entity, who or that employs one or more persons on a salary, wage, commission or
other compensation basis;
(4)
Net Profits. The net gain from the
operation of a business, profession or enterprise, after provision for all
allowable costs and expenses incurred in the conduct thereof, either paid or
accrued in accordance with the accounting system used, without deduction of
taxes based on income;
(5)
Non-resident. An individual,
co-partnership, association, corporation or any other entity domiciled outside
the City;
(6)
Person. Every individual, co-partnership, fiduciary
or association;
(7)
Resident. An individual, co-partnership,
association, corporation or any other entity domiciled in the
City;
(8)
Salaries, Wages, Commissions and Other Compensation.
All salaries, wages, commissions, bonuses, incentive payments, fees and tips
that may accrue or be received by an individual, whether indirectly or through
an agent and whether in cash or in property, for services rendered, but
excluding:
(a) periodical payments for sick or disability benefits and
those commonly recognized as old age benefits;
(b) retirement pay, or
pensions paid to persons retired from service after reaching a specific age or
after a stated period of employment;
(c) any wages or compensation paid
by the United States to any person for active service in the Army, Navy or Air
Force of the United States;
(d) any bonus or additional compensation
paid by the United States, this Commonwealth, or any other state for such
service;
(e) any statutory per diem compensation paid any witness or
juror, or member of the District Election
Board.
[210] (f) Stock
options which do not have a readily ascertainable fair market value, as defined
by 26 C.F.R. § 1.83-7(b), on the date the stock option is granted. Stock
options which do have a readily ascertainable fair market value on the date the
stock option is granted shall be considered as compensation in the amount of
such value and received on such date. If an employee is offered the choice of
receiving compensation in cash or compensation in stock options, and chooses
stock options, then such stock options shall be deemed to have a readily
ascertainable fair market value equal to the amount of cash that was offered.
Any amount that would otherwise be considered as compensation arising from the
exercise, exchange, sale or disposition of stock options, whether or not they
had a readily
[211] ascertainable
fair market value when granted, shall not be taxable under this
Chapter.
[212]