Ohio Revised Code Search
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Section 5726.52 | Tax credit for historic building rehabilitation.
...n 149.311 of the Revised Code. (B) A taxpayer may claim a refundable credit against the tax imposed by this chapter for each person included in the annual report of a taxpayer that is a certificate owner of a rehabilitation tax credit certificate issued under section 149.311 of the Revised Code. The credit shall equal twenty-five per cent of the dollar amount indicated on each certificate, but shall not exce... |
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Section 5726.53 | Tax credit for venture capital loan loss.
...eceding the credit in the order prescribed in section 5726.98 of the Revised Code, the excess shall be refunded to the taxpayer. |
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Section 5726.54 | New markets tax credit.
...l be computed in the same manner prescribed for the computation of credits allowed under section 5725.33 of the Revised Code. By claiming a tax credit under this section, a taxpayer waives its rights under section 5726.20 of the Revised Code with respect to the time limitation for the assessment of taxes as it relates to credits claimed under this section that later become subject to recapture under division (D) of... |
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Section 5726.55 | Motion picture production tax credit.
...receding the credit in the order prescribed in section 5726.98 of the Revised Code, the excess shall be refunded to the taxpayer. (C) Nothing in this section shall allow a taxpayer to claim more than one credit per tax credit-eligible production. |
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Section 5726.56 | Research and development tax credit.
... under this section in the order prescribed by section 5726.98 of the Revised Code. If the amount of the credit exceeds the amount of tax otherwise due after deducting all other credits preceding the credit in the order prescribed in section 5726.98 of the Revised Code, the excess may be carried forward for not more than seven ensuing tax years. The amount of the excess credit claimed in any such year shall be deduct... |
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Section 5726.57 | Nonrefundable credit for qualifying dealers in intangibles.
...it shall be claimed in the order prescribed by section 5726.98 of the Revised Code. The credit shall not exceed the amount of tax otherwise due under section 5726.02 of the Revised Code after deducting any other credits that precede the credit claimed under this section in that order. (C) Subject to division (D) of this section, the amount of the credit equals the lesser of the amount described in division (C)... |
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Section 5726.58 | State low-income housing tax credit.
... designated reporter on the form prescribed by division (I) of section 175.16 of the Revised Code. The credit authorized in this section shall be claimed in the order required under section 5726.98 of the Revised Code. If the amount of a credit exceeds the tax otherwise due under section 5726.02 of the Revised Code after deducting all other credits preceding the credit in the order prescribed in section 5726.98 of... |
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Section 5726.60 | Tax credit for single-family housing development.
... designated reporter on the form prescribed by division (H) of section 175.17 of the Revised Code. The credit authorized in this section shall be claimed in the order required under section 5726.98 of the Revised Code. If the amount of a credit exceeds the tax otherwise due under section 5726.02 of the Revised Code after deducting all other credits preceding the credit in the order prescribed in section 5726.98 of... |
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Section 5726.61 | Opportunity zone investment tax credit.
...section 122.84 of the Revised Code. A taxpayer may claim a nonrefundable credit against the tax imposed under section 5726.02 of the Revised Code for each person included in the annual report of the taxpayer to whom a certificate is issued under section 122.84 of the Revised Code or is transferred pursuant to that section. The credit equals the amount stated on the certificate and may be claimed for the taxable yea... |
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Section 5726.62 | Transformational mixed use development tax credit.
...receding the credit in the order prescribed in section 5726.98 of the Revised Code, the excess may be carried forward for not more than five ensuing taxable years, but the amount of the excess credit claimed against the tax for any year shall be deducted from the balance carried forward to the next year. No credit shall be claimed under this section to the extent the certificate was used to claim a credit under sec... |
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Section 5726.98 | Calculating tax due.
... the Revised Code; The nonrefundable Ohio low-income housing tax credit under section 5726.58 of the Revised Code; The nonrefundable affordable single-family home credit under section 5726.60 of the Revised Code; The nonrefundable welcome home Ohio (WHO) program credit under section 122.633 of the Revised Code; The nonrefundable opportunity zone investment credit under section 5726.61 of the Revised Code;... |
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Section 5726.99 | Minimum and maximum fines.
...Whoever violates section 5726.41 of the Revised Code shall be fined not less than one hundred dollars or more than one thousand dollars. |
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Section 5727.01 | Public utilities definitions.
...e; (2) Clean coal technology as described in division (A)(34)(c) of section 4928.01 of the Revised Code; (3) Advanced nuclear technology as described in division (A)(34)(d) of section 4928.01 of the Revised Code; (4) Cogeneration technology as described in division (A)(34)(b) of section 4928.01 of the Revised Code; (5) Energy storage system. (O) "Energy conversion equipment" means tangible personal property... |
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Section 5727.02 | Persons excepted.
... air to others is incidental. (2) For tax year 2009 and each tax year thereafter, a person that is engaged in some other primary business to which the supplying of electricity to others is incidental shall be treated as an "electric company" and a "public utility" for purposes of this chapter solely to the extent required by section 5727.031 of the Revised Code. (3) For purposes of division (A) of this section an... |
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Section 5727.03 | Combined company to file separate report for each listed activity of company.
...ted activity of a combined company. The tax commissioner shall separately value, apportion, and assess the company's property. Divisions (B)(1), (2), and (3) of this section shall be used to determine the taxable property that cannot be directly attributed to providing one of the listed activities of a combined company. (B)(1) The taxable property to attribute to an electric company or a rural electric company activ... |
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Section 5727.031 | Report by entity incidentally supplying electricity.
...ompany but shall only report therein as taxable property the amounts required in divisions (B) and (C) of this section. All time limits and other procedural requirements of this chapter for the reporting and assessment of property of electric companies apply to persons required to file a report under this section. For the purposes of this section, "the supplying of electricity to others" shall not include donating al... |
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Section 5727.04 | Public utility or interexchange telecommunications company not exempt.
...cations company from the assessment and taxation of its property in the manner provided by law. |
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Section 5727.05 | Exemption of nonprofit and municipal corporations.
...Sections 5727.01 to 5727.61 of the Revised Code do not apply to either of the following: (A) Nonprofit corporations as defined in division (C) of section 1702.01 of the Revised Code that are engaged exclusively in the treatment, distribution, and sale of water to consumers; (B) Municipal corporations within this state. |
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Section 5727.06 | Taxable property of public utility or interexchange telecommunications company - assessment by tax commissioner.
... and other valuation procedures prescribed under section 5727.11 of the Revised Code by the tax commissioner for such property for tax year 2006, notwithstanding any section of Chapter 5711. of the Revised Code to the contrary. (b) A telephone, telegraph, or interexchange telecommunications company subject to division (A)(5)(a) of this section shall file a combined return with the tax commissioner in accordan... |
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Section 5727.08 | Annual report.
... the tax commissioner, on a form prescribed by the tax commissioner. The report shall include such information as the tax commissioner requires to enable the tax commissioner to make any assessment or apportionment required under this chapter. The report shall be signed by either the owner of the public utility, interexchange telecommunications company, or public utility property lessor or the president, secretary,... |
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Section 5727.10 | Assessment - hearing - correction.
...ten application, within the time prescribed by the commissioner, appear before the commissioner and be heard in the matter of the proposal. The commissioner may, on the application of a public utility, or on the commissioner's own motion, correct the proposal. |
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Section 5727.11 | Method of valuation.
...s composite annual allowances as prescribed by the commissioner. If the commissioner finds that application of this method will not result in the determination of true value of the public utility's taxable property, the commissioner may use another method of valuation. (B)(1) Except as provided in division (B)(2) of this section, the true value of current gas stored underground is the cost of that gas shown on the ... |
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Section 5727.111 | Assessing at percentages of true value.
...means to replace enough of the original taxable production equipment to make an original production facility equivalent to a new facility, such that at least eighty per cent of the true value of the taxable production equipment is derived from new taxable production equipment installed as part of the replacement project. The taxable property of each public utility, except a railroad company, and of each interexchange... |
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Section 5727.12 | Valuation and assessment of railroad properties.
...s property used in or determined by the tax commissioner to be held by a railroad for use in railroad operations. In determining the true value of all real and personal property owned or leased by each railroad company and used in railroad operations, the commissioner shall use the unitary method and value all of the property of the company's railroad system as a whole, considering the factors generally used in that ... |
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Section 5727.14 | Apportionment of value of property of interstate railroad.
...is state and part in another state, the tax commissioner shall take the entire value of the property of such public utility, determined in accordance with sections 5727.01 to 5727.62 of the Revised Code, and apportion it to this state in the proportion that the length of the road in this state bears to the whole length of road. As used in this section, "length of road" means the miles of single or first main track, m... |
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Section 5751.051 | Filing of tax return required - minimum interim payment.
...ed after filing the annual return described in division (C) of this section. A tax return shall not be deemed to be an incorrect reporting of taxable gross receipts for the purposes of division (B)(2) of this section if the return reflects between ninety-five and one hundred five per cent of the actual taxable gross receipts for the calendar quarter. (C) For the purposes of division (B)(2) of this section, the ... |
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Section 5751.052 | Megaproject supplier verification.
...ject operator has an agreement with the tax credit authority under division (D) of section 122.17 of the Revised Code that remains in effect and has not expired or been terminated, the megaproject operator or the operator's reporting person shall certify to the tax commissioner a list of the megaproject suppliers the operator anticipates will sell tangible personal property directly to the operator in the ensuing cal... |
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Section 5751.06 | Penalty for late filing or delinquent payment.
...of the tax due within the period prescribed therefor under this chapter shall pay a penalty in an amount not exceeding the greater of fifty dollars or ten per cent of the tax required to be paid for the tax period. (B)(1) If any additional tax is found to be due, the tax commissioner may impose an additional penalty of up to fifteen per cent on the additional tax found to be due. (2) Any delinquent payments of ... |
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Section 5751.07 | Quarterly payments - electronic filing of returns - penalty.
...he tax commissioner, on the form prescribed by the commissioner, to be excused from that requirement. The commissioner may excuse a person from the requirements of this division for good cause. (C)(1) If a person required to remit taxes or file a return electronically under this section fails to do so, the commissioner may impose a penalty not to exceed the following: (a) For either of the first two tax periods the... |
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Section 5751.08 | Application for refund to taxpayer.
...he tax commissioner, on the form prescribed by the commissioner, within four years after the date of the illegal or erroneous payment, or within any additional period allowed under division (F) of section 5751.09 of the Revised Code. The applicant shall provide the amount of the requested refund along with the claimed reasons for, and documentation to support, the issuance of a refund. (B) On the filing of the ref... |
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Section 5751.081 | Application of refund to debt to state.
...ion, "debt to this state" means unpaid taxes due the state, unpaid workers' compensation premiums due under section 4123.35 of the Revised Code, unpaid unemployment compensation contributions due under section 4141.25 of the Revised Code, unpaid unemployment compensation payment in lieu of contribution under section 4141.241 of the Revised Code, unpaid fees payable to the state or to the clerk of courts pursua... |
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Section 5751.09 | Assessment against person not filing return or paying tax.
...r interest at the rate per annum prescribed by section 5703.47 of the Revised Code from the day the tax commissioner issues the assessment until it is paid or until it is certified to the attorney general for collection under section 131.02 of the Revised Code, whichever comes first. If the unpaid portion of the assessment is certified to the attorney general for collection, the entire unpaid portion of the assessmen... |
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Section 5751.091 | Megaproject supplier exclusion clawback.
...ts taxable gross receipts amounts described under division (F)(2)(oo) or (pp) of section 5751.01 of the Revised Code for a tax period in which the taxpayer does not qualify for that exclusion for any portion of that tax period, the taxpayer shall remit to the tax commissioner a payment equal to the product of the following: (a) the cost of all property received in this state by a megaproject operator from the taxpaye... |
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Section 5751.10 | Disposal of business or assets - tax due immediately.
...If any person liable for the tax imposed under this chapter sells the trade or business, disposes in any manner other than in the regular course of business at least seventy-five per cent of assets of the trade or business, or quits the trade or business, any tax owed by such person shall become due and payable immediately, and the person shall pay the tax under this section, including any applicable penalties and in... |
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Section 5751.11 | Failure to report or pay - annulment of privilege or franchise.
...ithin ninety days after the time prescribed for payment of the penalty, the attorney general, on the request of the tax commissioner, shall commence an action in quo warranto in the court of appeals of the county in which the person has its principal place of business to forfeit and annul its privileges or franchise within this state. If the court finds that the person is in default for the amount claimed, it shall r... |
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Section 5751.12 | Records, federal returns, and federal-state reconciliation computations.
...The tax commissioner may prescribe requirements for the keeping of records and other pertinent documents, the filing of copies of federal income tax returns and determinations, and computations reconciling federal income tax returns with the returns and reports required by section 5751.051 of the Revised Code. The commissioner may require any person, by rule or notice served on that person, to keep those record... |
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Section 5751.20 | School district tangible property tax replacement fund.
...fore June 15, 2014, the director of the Ohio public works commission shall certify to the director of budget and management the amount of debt service paid from the general revenue fund in fiscal years 2013 and 2014 on bonds issued to finance or assist in the financing of the cost of local subdivision public infrastructure capital improvement projects, as provided for in Sections 2k, 2m, 2p, and 2s of Article VIII, O... |
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Section 5751.21 | Payments to school districts for fixed-rate and fixed-sum levy losses.
...re and fixtures, and telephone property tax value losses for the school district or joint vocational school district for the second preceding tax year, and if taxes charged and payable associated with the tax value losses are accounted for in any state education aid computation dependent on taxes charged and payable. (c) The state education aid offset for fiscal year 2010 and fiscal year 2011 equals the greater of t... |
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Section 5751.22 | Distribution of fixed-sum payments to local taxing units.
...ibute the payments in the manner prescribed by division (C) of this section. The calculation of the fixed-sum levy loss shall cover a time period sufficient to include all fixed-sum levies for which the commissioner determined, pursuant to division (E) of section 5751.20 of the Revised Code, that a fixed-sum levy loss is to be reimbursed. (1) Except as provided in division (A)(3) of this section, for fixed-rate levy... |
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Section 5751.31 | Direct appeal on constitutional issues to supreme court.
...urt within the thirty-day period prescribed in this division. |
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Section 5751.40 | Application for qualifying certificate to be a qualified distribution center.
...a person that is not part of a combined taxpayer group and that has a qualifying certificate. All warehouses or facilities similar to warehouses that are operated by persons in the same taxpayer group and that are located within one mile of each other shall be treated as one qualified distribution center. All refining facilities that are operated by persons in the same taxpayer group and that are located in the same ... |
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Section 5751.41 | Certification of uranium enrichment zone.
...ranium enrichment zone certified by the tax commissioner under division (B) of this section. "Qualified uranium receipts" does not include any receipts with a situs in this state outside a uranium enrichment zone certified by the tax commissioner under that division. (2) "Uranium enrichment zone" means all real property that is part of a uranium enrichment facility licensed by the United States nuclear regulatory c... |
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Section 5751.42 | Integrated supply chains.
...t is partly located in the county described in division (A)(8)(a) of this section, as those corporate limits existed on September 29, 2015. (c) The aggregate acreage of the parcel or parcels equals or exceeds one hundred acres. (B) For the purpose of the certification under division (A)(5) of this section, the reporting person for each retailer, on or before the first day of October of each year, shall certify to... |
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Section 5751.50 | Claiming refundable and nonrefundable credits.
...(A) For tax periods beginning on or after January 1, 2008, a refundable credit granted by the tax credit authority under section 122.17 or former division (B)(2) or (3) of section 122.171 of the Revised Code, as those divisions existed before September 29, 2015, the effective date of the amendment of this section by H.B. 64 of the 131st general assembly, may be claimed under this chapter in the order required under... |
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Section 5751.51 | Credit for qualified research expenses.
...ncurred by that person on a form prescribed by the tax commissioner, which shall be used by the taxpayer to claim the credit. Such a taxpayer may only claim the credit with respect to persons included in the taxpayer's group as of the thirty-first day of December of the calendar year in which the qualified research expenses are incurred. Such a taxpayer may only claim any excess credit carried forward under divisi... |
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Section 5751.52 | Credit for qualified research and development loan payments.
... whether the borrower is subject to the tax imposed by this chapter. (2) "Qualified research and development loan payments" has the same meaning as in section 166.21 of the Revised Code. (3) "Related member" has the same meaning as in section 5733.042 of the Revised Code. (B) For tax periods beginning on or after January 1, 2008, a nonrefundable credit may be claimed under this chapter equal to a borrower's qualif... |
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Section 5751.53 | Credit against tax for amortizable net operating losses.
..." means the lesser of the amounts described in division (A)(6)(a) or (b) of this section, but the amounts described in divisions (A)(6)(a) and (b) of this section shall each be reduced by the qualifying amount. (a) The qualifying taxpayer's qualifying Ohio net operating loss carryforward; (b) The Ohio net operating loss carryforward amount that the qualifying taxpayer used to compute the related deferred tax asse... |
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Section 5751.54 | Tax credit for commercial activities tax.
...allowed a refundable credit against the tax imposed by section 5751.02 of the Revised Code for any person that is the certificate owner of a tax credit certificate issued under section 122.85 of the Revised Code. The credit shall be claimed for the tax period in which the certificate is issued by the director of development services. The credit amount equals the amount stated in the certificate. The credit shall be c... |
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Section 5751.98 | Order of credits - limitations - excess carried forward.
...procedure for calculating the amount of tax due under this chapter, a taxpayer shall claim any credits to which it is entitled in the following order: The nonrefundable jobs retention credit under division (B) of section 5751.50 of the Revised Code; The nonrefundable credit for qualified research expenses under division (B) of section 5751.51 of the Revised Code; The nonrefundable credit for a borrower's qua... |
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Section 5751.99 | Penalties.
...his chapter, or any rule adopted by the tax commissioner under this chapter, shall be fined not more than five hundred dollars or imprisoned not more than thirty days, or both. (C) The penalties provided in this section are in addition to any penalties imposed by the tax commissioner under section 5751.06 of the Revised Code. |