5703-7-05 Income tax; extensions; penalties and interest.

(A) Except as otherwise expressly provided or clearly appearing from the context, any term in this rule has the same meaning as when used in a comparable context in Chapter 5747. of the Revised Code. As used in this rule:

(1) "Annual return" means any annual return required by section 5747.08 of the Revised Code.

(2) "Unextended due date" means the date prescribed for filing the annual return without extension. For calendar-year taxpayers, the due date is the fifteenth day of April of the following year. For fiscal-year taxpayers, the due date is the fifteenth day of the fourth month following the close of the fiscal year.

(3) "Tax" includes both the tax imposed by section 5747.02 of the Revised Code, and any tax imposed under Chapter 5748. of the Revised Code, including any interest penalty imposed by division (D) of section 5747.09 of the Revised Code.

(B)

(1) A taxpayer shall be granted an automatic six-month extension of time for filing the taxpayer's annual return if the taxpayer satisfies both of the following conditions by the unextended due date:

(a) The taxpayer has duly requested an automatic six-month extension of time for filing the taxpayer's federal income tax return;

(b) By the return's unextended due date, the taxpayer, after allowing any credit to which the taxpayer is entitled, has paid at least ninety per cent of the total taxes due for the taxable year, through withholding payments, estimated payments, and the crediting of overpayments from the immediately preceding taxable year.

(2) In addition to the automatic extension granted in paragraph (B)(1) of this rule, each taxpayer that has been granted an extension of time to file the taxpayer's federal income tax return by the internal revenue service for reasons such as a calamitous act of nature, shall have the same extension of time to file and to make any elections with respect to, the taxpayer's related Ohio income tax return.

(3) An extension under paragraph (B) of this rule does not extend the due date for purposes of imposing interest on any tax paid after the due date. However, no interest penalty shall be added under division (D) of section 5747.09 of the Revised Code for the period from the unextended due date until the date of payment.

(C) A taxpayer granted a filing extension under paragraph (B) of this rule:

(1) Shall not be subject to the penalty imposed by division (A)(1) of section 5747.15 of the Revised Code if the taxpayer files his annual return by either the extended due date set forth in paragraph (B) of this rule, or a later date if the taxpayer has secured an approved federal extension to such later date;

(2) Shall not be subject to the penalty imposed under division (A)(2) of section 5747.15 of the Revised Code if by the return's unextended due date, the taxpayer, after allowing any credit to which the taxpayer is entitled, has paid at least ninety per cent of the total taxes due on the return, and by the return's extended due date the taxpayer has paid one hundred per cent of the total taxes due on the return.

(D) Nothing in this rule shall abate any penalty or interest imposed for failure to pay taxes in a timely manner if, subsequent to the filing of the taxpayer's return, the taxpayer reports, or the tax commissioner determines that the taxpayer owes taxes in addition to those shown to be due on the taxpayer's original return.

(E) This rule does not state the exclusive bases for abatement of penalty.

(F) Nothing in this rule precludes a member of the national guard or of a reserve component of the armed forces of the United States from qualifying for an extension under section 5747.026 of the Revised Code for the taxable year.

Replaces: 5703-7-05

Effective: 10/9/2015
Five Year Review (FYR) Dates: 10/09/2020
Promulgated Under: 5703.14
Statutory Authority: 5703.05, 5747.08
Rule Amplifies: 5747.09, 5747.15, 5748.01
Prior Effective Dates: 12/20/71, 10/16/72, 7/20/73, 6/10/74, 6/13/75, 6/30/79, 11/15/81, 7/9/82, 3/19/93, 7/1/94, 9/19/96, 9/29/97, 9/16/98, 9/29/99, 9/6/02, 6/2/05, 6/30/05, 3/28/06 (Emer.), 6/30/06, 12/28/06