Ohio Revised Code Chapter 5733 - Corporation Franchise Tax

• Section 5733.01 - Tax Charged Against Corporations.
  (A) The tax provided by this chapter for domestic corporations shall be the amount charged against each corporation organized for profit under the laws...
• Section 5733.02 - Annual Taxpayer Report And Remittance - Report On Dissolution Or Withdrawal.
  Annually, for tax years prior to tax year 2014, between the first day of January and the thirty-first day of March or on or...
• Section 5733.021 - Declaration Of Estimated Tax Report.
  (A) Each taxpayer that does not in January of any year prior to 2014 file the report and make the payment required by section...
• Section 5733.022 - Tax Payment By Electronic Funds Transfer.
  (A) Subject to division (C) of this section, if a taxpayer's total liability for taxes imposed by section 5733.06 of the Revised Code, after...
• Section 5733.03 - Annual Report.
  The annual corporation report shall include statements of the following facts as of the date of the beginning of the corporation's annual accounting period...
• Section 5733.031 - Taxable Year; Method Of Accounting; Amended Report; Additional Payment Or Application For Refund.
  (A) A corporation's taxable year is a period ending on the date immediately preceding the date of commencement of the corporation's annual accounting period...
• Section 5733.04 - Corporation Franchise Tax Definitions.
  As used in this chapter: (A) "Issued and outstanding shares of stock" applies to nonprofit corporations, as provided in section 5733.01 of the Revised...
• Section 5733.041 - Net Income Defined For Tax Years 1984 To 1993.
  Notwithstanding division (I) of section 5733.04 of the Revised Code, "net income" means net income as defined in that division subject to the following...
• Section 5733.042 - Computing Net Income Of Member Of Affiliated Group.
  (A) As used in this section: (1) "Affiliated group" has the same meaning as in section 1504 of the Internal Revenue Code. (2) "Asset...
• Section 5733.05 - Determination Of Value Of Issued And Outstanding Stock And Intangible Property - Determination Of Net Income Of Corporation.
  As used in this section, "qualified research" means laboratory research, experimental research, and other similar types of research; research in developing or improving a...
• Section 5733.051 - Allocating And Apportioning Of Net Income Of Corporation.
  For purposes of this section, "available" means information is such that a person is able to learn of the information by the due date...
• Section 5733.052 - Combining Net Incomes Of Corporations.
  (A) At the discretion of the tax commissioner, any taxpayer that owns or controls either directly or indirectly more than fifty per cent of...
• Section 5733.053 - Transferee Corporation Subject To Transferor's Tax Liability.
  (A) As used in this section: (1) "Transfer" means a transaction or series of related transactions in which a corporation directly or indirectly transfers...
• Section 5733.054 - Deduction Or Addition Where Portion Of Certain Gains Or Losses Is Allocated Or Apportioned To Ohio.
  (A) If any gain that is added to net income pursuant to divisions (I)(12)(a) and (b) of section 5733.04 of the Revised Code is...
• Section 5733.055 - Deducting Expenses And Costs Paid To Related Member.
  (A) As used in this section: (1) "Ceiling amount" means the excess of the amount described in division (A)(1)(a) of this section over the...
• Section 5733.056 - Determining Value Of Issued And Outstanding Shares Of Stock.
  (A) As used in this section: (1) "Billing address" means the address where any notice, statement, or bill relating to a customer's account is...
• Section 5733.057 - Ownership Interest In Pass-through Entity.
  As used in this section, "adjusted qualifying amount" has the same meaning as in section 5733.40 of the Revised Code. This section does not...
• Section 5733.058 - Adjusting For Equity Investment In An Exempted Investment.
  (A) As used in this section, an "exempted investment" is a direct or indirect investment in the equity of, or the direct or indirect...
• Section 5733.059 - Allocating Sales Of Electric Transmission And Distribution Services.
  (A) As used in this section: (1) "Customer" means a person who purchases electricity for consumption either by that person or by the person's...
• Section 5733.0510 - Reducing Net Income For Qualifying Assets.
  (A) As used in this section: (1) "Qualifying taxpayer" means either of the following: (a) A person that is an electric company or a...
• Section 5733.0511 - Net Income For Qualifying Telephone Company Taxpayer.
  (A) As used in this section: (1) "Qualifying telephone company taxpayer" means either of the following: (a) A telephone company, but only if the...
• Section 5733.06 - Computing Tax.
  For tax years prior to tax year 2014, the tax hereby charged each corporation subject to this chapter shall be the greater of the...
• Section 5733.061 - Credit Allowed For Investment In Property Used In Refining Or Manufacturing.
  A credit shall be allowed against the tax imposed by section 5733.06 of the Revised Code for each taxable year. The credit shall be...
• Section 5733.062 - [Repealed].
  Effective Date: 07-22-1994
• Section 5733.063 - [Repealed].
  Repealed by 131st General Assembly File No. TBD, HB 340, §101.02, eff. 12/22/2015. Related Legislative Provision: See 131st General Assembly File No. TBD, HB...
• Section 5733.064 - Credit For Recycling And Litter Prevention Program Donations.
  There is hereby allowed a credit against the tax imposed under sections 5733.06, 5733.065, and 5733.066 of the Revised Code. The credit shall equal...
• Section 5733.065 - Additional Tax On Corporations For Privilege Of Manufacturing Or Selling Litter Stream Products In State.
  (A) As used in this section, "litter stream products" means: (1) Intoxicating liquor, beer, wine, mixed beverages, or spirituous liquor as defined in section...
• Section 5733.066 - Surcharge Added To Rates To Fund Recycling And Litter Prevention.
  There shall be added to the rates contained in section 5733.06 of the Revised Code the following: (A) To the rate in division (A)...
• Section 5733.067 - Credit Concerning Subsidiaries; Amended Report; Additional Payment Or Application For Refund.
  (A) As used in this section, "subsidiary" means a corporation that satisfies both of the following requirements: (1) More than fifty per cent of...
• Section 5733.068 - Credit Allowed To Member Of Qualifying Affiliated Group.
  (A) As used in this section: (1) "Affiliated group" has the same meaning as in section 1504 of the Internal Revenue Code and is...
• Section 5733.069 - Credit Allowed For Increase In Export Sales.
  (A) As used in this section: (1) "Average of the payroll factor and the property factor" means one-half multiplied by the sum of the...
• 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...
• Section 5733.0611 - Credit Relating To Tax On Qualifying Pass-through Entities.
  (A) There is hereby allowed a nonrefundable credit against the tax imposed under section 5733.06 of the Revised Code. The credit shall be equal...
• Section 5733.07 - Powers And Duties Of Tax Commissioner.
  The tax commissioner shall enforce and administer this chapter. In addition to any other powers conferred upon him by law, the commissioner may: (A)...
• Section 5733.08 - [Repealed].
  Effective Date: 12-20-1971
• Section 5733.09 - Exempted Companies.
  (A) (1) Except as provided in divisions (A)(2) and (3) of this section, an incorporated company, whether foreign or domestic, owning and operating a...
• Section 5733.10 - Exemption Of Municipal Corporations.
  Municipal corporations within this state are not required to make any return or pay any tax under this chapter. Effective Date: 12-20-1971
• Section 5733.11 - Failing To File Or Remit - Filing Incorrect Report.
  (A) If any corporation required to file a report under this chapter fails to file the report within the time prescribed, files an incorrect...
• Section 5733.111 - [Repealed].
  Effective Date: 09-26-2003
• Section 5733.12 - Crediting Of Payments To Funds - Filing Of Refund Application.
  (A) All payments received from the taxes imposed under sections 5733.06 and 5733.41 of the Revised Code shall be credited to the general revenue...
• Section 5733.121 - Applying Refund In Partial Satisfaction Of Debt.
  If a corporation entitled to a refund under section 5733.11 or 5733.12 of the Revised Code is indebted to this state for any tax,...
• Section 5733.122 - [Repealed].
  Effective Date: 06-06-2001; 07-01-2005
• Section 5733.13 - Extension Of Time To File Report.
  The tax commissioner may extend to any corporation a further specified time within which to file the report required to be filed by section...
• Section 5733.14 - Monthly Report By Secretary Of State - Access To Records Of County Auditors.
  The secretary of state shall prepare and keep a correct list of all corporations engaged in business within this state and required by law...
• Section 5733.15 - [Repealed].
  Effective Date: 11-15-1981
• Section 5733.16 - Organization Of Domestic And Foreign Corporations.
  For the purposes of sections 5727.24 to 5727.62 of the Revised Code and this chapter, domestic corporations are deemed organized upon the filing of...
• Section 5733.17 - Duty To Make Reports Or Pay Taxes On Dissolution Or Retirement.
  The mere retirement from business or voluntary dissolution of a domestic or foreign corporation without filing the certificate provided for in section 1701.86 of...
• Section 5733.18 - [Repealed].
  Effective Date: 09-28-2006
• Section 5733.19 - [Repealed].
  Effective Date: 12-20-1971
• Section 5733.20 - Cancellation Of Articles Of Incorporation Or Certificate Of Authority For Failure To Report Or Pay Taxes.
  If a corporation, wherever organized, required by law to file any report or return or to pay any tax or fee as a corporation...
• Section 5733.21 - Prohibition Against Doing Business After Cancellation Of Articles Or Certificate.
  No person shall exercise or attempt to exercise any powers, privileges, or franchises under the articles of incorporation or certificate of authority of a...
• Section 5733.22 - Reinstatement Of Corporation.
  (A) (1) Any corporation whose articles of incorporation or license certificate to do or transact business in this state has been canceled by the...
• Section 5733.23 - Petition For Judgment For Taxes - Injunction - Procedure - Evidence.
  In addition to all other remedies for the collection of any taxes or penalties due under law, whenever any taxes, fees, or penalties due...
• Section 5733.24 - Quo Warranto Proceedings.
  If any corporation fails to make and file the excise or franchise reports or returns required by law, or to pay the penalties provided...
• Section 5733.25 - [Repealed].
  Effective Date: 06-13-2002
• Section 5733.26 - Interest On Unpaid Tax Or Refund.
  (A) Except as provided in section 5733.261 of the Revised Code, if the tax imposed by sections 5733.06, 5733.065, and 5733.066 of the Revised...
• Section 5733.261 - Qualifying Refund Overpayment - Liability For Interest Or Penalty.
  (A) As used in this section, "qualifying refund overpayment" means an amount received by a taxpayer in excess of a refund or request for...
• Section 5733.27 - Affidavit Denying Unlawful Political Contributions.
  Every corporation required by law to make returns, statements, or reports to the tax commissioner shall file therewith, in such form as the commissioner...
• Section 5733.28 - Failing To File Complying Report Or Pay Tax.
  (A) In addition to any other penalty imposed by this chapter or Chapter 5703. of the Revised Code, the following penalties shall apply: (1)...
• Section 5733.29 - Underpayment Of Estimated Tax.
  (A) In case of any underpayment of the estimated tax provided under section 5733.021 of the Revised Code, there shall be added to the...
• Section 5733.30 - [Repealed].
  Repealed by 130th General Assembly File No. TBD, HB 492, §2, eff. 9/17/2014. Effective Date: 03-19-1993
• Section 5733.31 - Credit For Purchasing New Manufacturing Machinery Or Equipment - 18 Month Lookback.
  (A) As used in this section: (1) "Component member" has the same meaning as in section 1563(b) of the Internal Revenue Code. (2) "Controlled...
• Section 5733.311 - Credit For Purchasing New Manufacturing Machinery Or Equipment - 7 Month Lookback.
  (A) As used in this section: (1) "Component member" has the same meaning as in section 1563(b) of the Internal Revenue Code. (2) "Controlled...
• Section 5733.32 - Credit For Grape Producing Business Purchasing Qualifying Property.
  (A) As used in this section: (1) "Qualifying property" means any property, plant, or equipment used to produce grapes in this state, and includes...
• Section 5733.33 - Credit For Purchasing New Manufacturing Machinery Or Equipment - Installation Before 12-31-2006.
  (A) As used in this section: (1) "Manufacturing machinery and equipment" means engines and machinery, and tools and implements, of every kind used, or...
• Section 5733.34 - Credit For Economic Redevelopment Of Voluntary Environmental Clean-up Site.
  (A) As used in this section: (1) "Partnership" includes a limited liability company if the limited liability company is not treated as a corporation...
• Section 5733.35 - [Repealed].
  Repealed by 130th General Assembly File No. 25, HB 59, §105.01, eff. 9/29/2013. Effective Date: 11-19-1996
• Section 5733.351 - Credit For Qualified Research Expenses.
  (A) As used in this section, "qualified research expenses" has the same meaning as in section 41 of the Internal Revenue Code. (B) (1)...
• Section 5733.352 - Nonrefundable Credit Equal To Borrower's Qualified Research And Development Loan Payments.
  (A) As used in this section: (1) "Borrower" means any person that receives a loan from the director of development under section 166.21 of...
• Section 5733.36 - Credit For Providing Day-care For Children Of Employees.
  This section applies only to tax years 1999, 2000, 2001, 2002, and 2003. A nonrefundable credit is allowed against the tax imposed by sections...
• Section 5733.37 - Credit For Establishing Day-care Center For Children Of Employees.
  (A) A nonrefundable credit is allowed against the tax imposed by sections 5733.06, 5733.065, and 5733.066 of the Revised Code equal to the lesser...
• Section 5733.38 - Credit For Reimbursement Of Employee Day-care Expenses.
  This section applies only to tax years 1999, 2000, 2001, 2002, and 2003. A nonrefundable credit is allowed against the tax imposed by sections...
• Section 5733.39 - Credit For Use Of Ohio Coal In Coal-fired Electric Generating Unit.
  (A) As used in this section: (1) "Compliance facility" means property that is designed, constructed, or installed, and used, at a coal-fired electric generating...
• Section 5733.40 - Qualified Pass-through Entity Definitions.
  As used in sections 5733.40 and 5733.41 and Chapter 5747. of the Revised Code: (A) (1) "Adjusted qualifying amount" means either of the following:...
• Section 5733.401 - Investment In Pass-through Entities.
  (A) As used in this section: (1) "Investment pass-through entity" means a pass-through entity having for its qualifying taxable year at least ninety per...
• Section 5733.402 - Exemption For Pass-through Entity Distributing Income And Gain To Investing Entity.
  (A) Notwithstanding section 5733.40, 5733.41, 5747.41, or 5747.43 of the Revised Code, but subject to divisions (B), (C), and (D) of this section, for...
• Section 5733.41 - Tax On Qualifying Pass-through Entity Having At Least One Qualifying Investor That Is Not Individual.
  The purpose of the tax imposed by this section is to complement and to reinforce the tax imposed under section 5733.06 of the Revised...
• Section 5733.42 - Credit For Eligible Employee Training Costs.
  (A) As used in this section: (1) "Eligible training program" means a program to provide job skills to eligible employees who are unable effectively...
• Section 5733.43 - Credit For Maintenance Of Active Grade Crossing Warning Devices.
  (A) As used in this section: (1) "Railroad company" means a railroad as defined in section 4907.02 of the Revised Code that is subject...
• Section 5733.44 - Credit For Cost Of Equipping Multi-wheel Agricultural Tractors With Lights And Reflectors.
  There is hereby allowed a nonrefundable credit against the tax imposed by section 5733.06 of the Revised Code for a farm that purchases lights...
• Section 5733.45 - Credit Concerning Qualifying Dealer In Intangibles.
  (A) For purposes of this section, a "qualifying dealer in intangibles" is a dealer in intangibles that is a member of a qualifying controlled...
• Section 5733.46 - Credit For Investing In Certified Ethanol Plant.
  (A) As used in this section: (1) "Ethanol" means fermentation ethyl alcohol derived from agricultural products, including potatoes, cereal, grains, cheese whey, and sugar...
• Section 5733.47 - Refundable Franchise Tax Credit For Owner Of Rc 149.311 Certificate.
  (A) As used in this section, "certificate owner" has the same meaning as in section 149.311 of the Revised Code. (B) There is allowed...
• Section 5733.48 - [Repealed].
  Repealed by 131st General Assembly File No. TBD, SB 208, §2, eff. 11/15/2015.
• Section 5733.49 - Issuance Of Tax Credits By Ohio Venture Capital Authority.
  Upon the issuance of a tax credit certificate by the Ohio venture capital authority under section 150.07 of the Revised Code, a refundable credit...
• Section 5733.55 - Nonrefundable Credit Equal To Amount Of Eligible Nonrecurring 9-1-1 Charges.
  (A) As used in this section: (1) "9-1-1 system" has the same meaning as in section 128.01 of the Revised Code. (2) "Nonrecurring 9-1-1...
• Section 5733.56 - Nonrefundable Credit Equal To Cost Incurred By Company For Providing Telephone Service Program.
  (A) (1) For tax year 2005, a taxpayer that provides any telephone service program to aid the communicatively impaired in accessing the telephone network...
• Section 5733.57 - Nonrefundable Credit Equal To Product Obtained By Multiplying Applicable Percentage By Applicable Amount.
  (A) As used in this section: (1) "Small telephone company" means a telephone company, existing as such as of January 1, 2003, with twenty-five...
• Section 5733.58 - Nonrefundable Credit Financial Institution Holding A Qualified Equity Investment.
  (A) Terms used in this section have the same meaning as in section 5725.33 of the Revised Code. (B) There is hereby allowed a...
• Section 5733.59 - Credit Against Tax For Any Corporation That Is The Certificate Owner Of A Tax Credit Certificate.
  (A) Any term used in this section has the same meaning as in section 122.85 of the Revised Code. (B) There is allowed a...
• Section 5733.98 - Order Of Claiming Credits.
  (A) To provide a uniform procedure for calculating the amount of tax imposed by section 5733.06 of the Revised Code that is due under...
• Section 5733.99 - Penalty.
  Whoever violates section 5733.21 of the Revised Code shall be fined not less than one hundred nor more than one thousand dollars. Effective Date:

Last modified: October 10, 2016