Ohio Revised Code Search
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Section 5733.031 | Taxable year; method of accounting; amended report; additional payment or application for refund.
...ses. If a corporation's taxable year is changed for federal income tax purposes, the taxable year for purposes of this chapter is changed accordingly but may consist of an aggregation of more than one taxable year for federal income tax purposes. The tax commissioner may prescribe by rule, an appropriate period as the taxable year for a corporation that has had a change of its taxable year for federal income tax purp... |
Section 5733.04 | Corporation franchise tax definitions.
...to furnish any information necessary to support a claim for deduction under division (I)(1)(a) of this section and no deduction shall be allowed unless the information is furnished. (2) Deduct any amount included in net income by application of section 78 or 951 of the Internal Revenue Code, amounts received for royalties, technical or other services derived from sources outside the United States, and dividends rec... |
Section 5733.041 | Net income defined for tax years 1984 to 1993.
...o the following adjustments: (A) For each of the tax years 1984 to 1988, in the case of a corporation whose 1982 franchise tax was charged on the base calculated under division (B) of section 5733.05 of the Revised Code, deduct one-fifth of the amount of the adjustment, if any, required by division (A)(1) of this section as it existed prior to July 1, 1983 for tax year 1982. (B) For each of the tax years 1985 to 19... |
Section 5733.042 | Computing net income of member of affiliated group.
...beyond a reasonable doubt that both the failure to fully comply with this section and the failure to fully pay such tax and interest within one year after the date the corporation files its report were not in any part attributable to the avoidance of any portion of the tax imposed by section 5733.06 of the Revised Code. (F)(1) For purposes of this division, "tax differential" means the difference between the tax th... |
Section 5733.05 | Determination of value of issued and outstanding stock and intangible property - determination of net income of corporation.
...e; property with respect to which an "industrial water pollution control certificate" has been issued pursuant to that section or former section 6111.31 of the Revised Code; and property used exclusively during the taxable year for qualified research. (i) Property owned by the corporation is valued at its original cost. Property rented by the corporation is valued at eight times the net annual rental rate. "Net ann... |
Section 5733.051 | Allocating and apportioning of net income of corporation.
...ion, "available" means information is such that a person is able to learn of the information by the due date plus extensions, if any, for filing the report for the tax year immediately following the last day of the taxable year, and "modified qualifying controlled group" means that portion of a qualifying controlled group consisting of the corporation the sale of which resulted in the gain or loss described in divisi... |
Section 5733.052 | Combining net incomes of corporations.
...net income with the net income of any such other corporations. (B) A combination of net income may also be made at the election of any two or more taxpayers each having income, other than dividend or distribution income, from sources within Ohio, provided the ownership or control requirements contained in division (A) of this section are satisfied and such combination is elected in a timely report which sets forth ... |
Section 5733.053 | Transferee corporation subject to transferor's tax liability.
...or series of related transactions in which a corporation directly or indirectly transfers or distributes substantially all of its assets or equity to another corporation, if the transfer or distribution qualifies for nonrecognition of gain or loss under the Internal Revenue Code. (2) "Transferor" means a corporation that has made a transfer. (3) "Transferee" means a corporation that received substantially all of th... |
Section 5733.054 | Deduction or addition where portion of certain gains or losses is allocated or apportioned to Ohio.
...allowed to the extent that the sum of such gain allocated and apportioned to this state, when added to the amount of such gain actually allocated and apportioned to other states imposing a tax on or measured by net income, in accordance with the other states' allocation and apportionment rules, exceeds the amount of such gain added to net income pursuant to divisions (I)(12)(a) and (b) of section 5733.04 of the Revis... |
Section 5733.055 | Deducting expenses and costs paid to related member.
...d to this state in accordance with this chapter but without regard to and without application of the adjustments required by this section; (b) The amount of income allocated and apportioned to this state in accordance with this chapter but without regard to and without application of the adjustments required by both this section and division (I)(13) of section 5733.04 of the Revised Code. (2) "Income adjustment a... |
Section 5733.056 | Determining value of issued and outstanding shares of stock.
...he loan was made; and (2) the taxpayer fails to show, by a preponderance of the evidence, that the preponderance of substantive contacts regarding such loan did not occur within this state. (b) In the case of a loan which is assigned by the taxpayer to a place without this state which is not a regular place of business, it shall be presumed, subject to rebuttal by the taxpayer on a showing supported by the pre... |
Section 5733.057 | Ownership interest in pass-through entity.
...tax, and credit computations under this chapter and under sections 5747.41 and 5747.43 of the Revised Code, each person shall include in that person's items of business income, nonbusiness income, adjusted qualifying amounts, allocable income or loss, if any, apportionable income or loss, property, compensation, and sales, the person's entire distributive share or proportionate share of the items of business income, ... |
Section 5733.058 | Adjusting for equity investment in an exempted investment.
...a public utility in this state and as such is required by law to file reports with the tax commissioner and pay an excise tax upon its gross receipts. (B) Except as provided in division (C) of this section, each corporation directly or indirectly owning or directly or indirectly having an equity investment in an exempted investment shall make the adjustments required by divisions (B)(1) to (4) of this section. (1) ... |
Section 5733.059 | Allocating sales of electric transmission and distribution services.
...: (1) "Customer" means a person who purchases electricity for consumption either by that person or by the person's related member and the electricity is not for resale directly or indirectly to any person other than a related member. (2) "Related member" has the same meaning as in division (A)(6) of section 5733.042 of the Revised Code without regard to division (B) of that section. (B) Except as provided in divis... |
Section 5733.0510 | Reducing net income for qualifying assets.
... or indirect sale, direct or indirect exchange, direct or indirect transfer, or direct or indirect retirement of any qualifying asset. (3) "Qualifying asset" means any asset shown on the qualifying taxpayer's books and records on December 31, 2000, in accordance with generally accepted accounting principles, including the cost of, or any portion of the cost of, any asset acquired after December 31, 2000, where such ... |
Section 5733.0511 | Net income for qualifying telephone company taxpayer.
...ny's property subject to taxation under Chapter 5727. of the Revised Code for tax years 2003 through 2006 was assessed using the true value percentages provided for in division (B) of section 5727.111 of the Revised Code. (b) Any taxpayer not described in division (A)(1)(a) of this section if a telephone company described in division (A)(1)(a) of this section transfers all or a portion of its assets and equity direc... |
Section 5733.06 | Computing tax.
... prior to tax year 2014, the tax hereby charged each corporation subject to this chapter shall be the greater of the sum of divisions (A) and (B) of this section, after the reduction, if any, provided by division (J) of this section, or division (C) of this section, after the reduction, if any, provided by division (J) of this section, except that the tax hereby charged each financial institution subject to this chap... |
Section 5733.061 | Credit allowed for investment in property used in refining or manufacturing.
...to furnish any information necessary to support a claim for credit under this section, and no credit shall be allowed unless such information is provided. No credit shall be allowed against any taxes paid on property previously required to be listed for taxation in this state by a person other than the taxpayer. If the sum of the credits to which the taxpayer would otherwise be entitled under this section in any ta... |
Section 5733.064 | Credit for recycling and litter prevention program donations.
...sh such information as is necessary to support a claim for a credit under this section, and no credit shall be allowed unless the information is provided. |
Section 5733.065 | Additional tax on corporations for privilege of manufacturing or selling litter stream products in state.
...ng materials in the finished form in which they are to be used, including sacks, bags, cups, lids, straws, plates, wrappings, boxes, or containers of any type used in the packaging or serving of food or beverages, when the food or beverages are prepared for human consumption by a restaurant or take-out food outlet at the premises where sold at retail and are delivered to a purchaser for consumption off the premises w... |
Section 5733.066 | Surcharge added to rates to fund recycling and litter prevention.
...f the Revised Code that is subject to such rate, an additional eleven-hundredths per cent upon that value to provide funding for recycling and litter prevention; (B) To the rate in division (B) of that section upon that portion of the value so determined that is subject to that rate, an additional twenty-two-hundredths per cent upon that value to provide funding for recycling and litter prevention; (C) To the rate ... |
Section 5733.067 | Credit concerning subsidiaries; amended report; additional payment or application for refund.
...rights of the taxpayer; (2) Its tax is charged and paid under division (C) of section 5733.06 of the Revised Code. (B) For tax year 1990 and each subsequent tax year prior to tax year 1999, a taxpayer whose tax is charged and paid under division (C) of section 5733.06 of the Revised Code shall be allowed a credit against the tax imposed under section 5733.06 of the Revised Code. The credit shall be claimed in the o... |
Section 5733.068 | Credit allowed to member of qualifying affiliated group.
...e affiliated group had as a member of such affiliated group a corporation meeting all three of the following requirements: (i) The corporation is described in division (C)(1) of section 5733.042 of the Revised Code. (ii) The corporation was incorporated prior to January 1, 1991, in a state other than this state. (iii) At no time since the date of incorporation did the corporation conduct activities other than thos... |
Section 5733.069 | Credit allowed for increase in export sales.
...s section shall be used or construed to support a request under division (B)(2)(d) of section 5733.05 of the Revised Code. (8) Subject to division (H) of this section, "property factor" has the same meaning as in division (B)(2)(a) of section 5733.05 of the Revised Code with any adjustments, exclusions, or alterations made in accordance with division (B)(2)(d) of that section. (9) "Related member" has the same mean... |
Section 5733.0610 | Credit for Ohio job creation.
...(A) A refundable corporation franchise tax 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 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 section 5733.98 of the Revised Code. For purposes... |