Ohio Revised Code Chapter 5747 - Income Tax

• Section 5747.01 - Income Tax Definitions.
  Except as otherwise expressly provided or clearly appearing from the context, any term used in this chapter that is not otherwise defined in this...
• Section 5747.011 - Gain Or Loss Included In Trust's Ohio Taxable Income.
  (A) As used in this section: (1) "Qualifying closely-held C corporation" means a person classified for federal income tax purposes as an association taxed...
• Section 5747.012 - Tax Treatment Of Qualifying Investment Income From Pass-through Entity.
  This section applies for the purposes of divisions (BB)(3) and (BB)(4)(a)(ii) of section 5747.01 of the Revised Code. (A) As used in this section:...
• Section 5747.013 - Calculating A Trust's Modified Ohio Taxable Income.
  (A) As used in this section: (1) "Electric company," "combined company," and "telephone company" have the same meanings as in section 5727.01 of the...
• Section 5747.02 - Tax Rates.
  (A) For the purpose of providing revenue for the support of schools and local government functions, to provide relief to property taxpayers, to provide...
• Section 5747.021 - School District Income Tax.
  In addition to the tax levied under section 5747.02 of the Revised Code, the tax commissioner shall charge the tax imposed on the school...
• Section 5747.022 - Tax Credits For Exemptions.
  An individual subject to the tax imposed by section 5747.02 of the Revised Code whose Ohio adjusted gross income, less applicable exemptions under section...
• Section 5747.023 - Tax Credits For Armed Forces Member Killed In Combat Or Military Or Civilian Employee Killed In Terroristice Or Military Action.
  (A) Any individual who dies while in active service as a member of the armed forces or the United States, if such death occurred...
• Section 5747.024 - Military Pay Not Included In Adjusted Gross Income.
  Military pay and allowances received by members of the armed forces of the United States (as defined in Internal Revenue Code section 7701) which,...
• Section 5747.025 - Personal Exemptions.
  (A) For taxable years beginning in 2014 or 2015, the personal exemption for the taxpayer , the taxpayer's spouse, and each dependent shall be...
• Section 5747.026 - Extensions For Filing And Payment By Members Called To Active Duty.
  (A) For taxable years beginning on or after January 1, 2002, each member of the national guard and each member of a reserve component...
• Section 5747.03 - Distributing Income Tax Revenue.
  (A) All money collected under this chapter arising from the taxes imposed by section 5747.02 or 5747.41 of the Revised Code shall be credited...
• Section 5747.04 - Attributing Tax Receipts To County.
  All reports, returns, and payments required of a taxpayer or employer by this chapter, except payments by electronic funds transfer as required under section...
• Section 5747.05 - Tax Credits.
  As used in this section, "income tax" includes both a tax on net income and a tax measured by net income. The following credits...
• Section 5747.051 - [Repealed].
  Repealed by 131st General Assembly File No. TBD, SB 208, §2, eff. 11/15/2015.
• Section 5747.052 - [Repealed].
  Effective Date: 07-01-1987
• Section 5747.053 - [Repealed].
  Effective Date: 07-22-1994
• Section 5747.054 - Tax Credit Based On Federal Dependent Care Credit.
  In addition to all other credits allowed by this chapter, a credit shall be allowed against a taxpayer's aggregate tax liability under section 5747.02...
• Section 5747.055 - Tax Credit For Retirement Income.
  (A) As used in this section "retirement income" means retirement benefits, annuities, or distributions that are made from or pursuant to a pension, retirement,...
• Section 5747.056 - Tax Credit For Persons With Ohio Agi Of $10,000 Or Less.
  For taxable years beginning in 2015 or thereafter, a nonrefundable credit equal to eighty-eight dollars shall be allowed per return against the aggregate amount...
• Section 5747.057 - [Repealed].
  Repealed by 131st General Assembly File No. TBD, SB 208, §2, eff. 11/15/2015.
• Section 5747.058 - Tax Credits To Foster Job Creation Or Retention.
  (A) A refundable income tax credit granted by the tax credit authority under section 122.17 or former division (B)(2) or (3) of section 122.171...
• Section 5747.059 - Tax Credit For Ohio Withholding Tax Paid By One Or More Qualifying Pass-through Entities.
  (A) This section applies only to reduce a taxpayer's aggregate tax liability under section 5747.02 of the Revised Code. (B) There is hereby allowed...
• Section 5747.06 - Employer's Duty To Withhold Tax.
  (A) Except as provided in division (E)(3) of this section, every employer, including the state and its political subdivisions, maintaining an office or transacting...
• Section 5747.061 - Withholding Tax From Wages Of Nonresident Employees.
  (A) As used in this section: (1) "State agency" means the general assembly, all courts, any department, division, institution, board, commission, authority, bureau, or...
• Section 5747.062 - Withholding Tax From State Lottery Winnings.
  As used in this section, "transferee" has the same meaning as in section 3770.10 of the Revised Code, and "recipient" includes a transferee. (A)...
• Section 5747.063 - Withholding Of Federal Taxes.
  The requirements imposed under this section are in addition to the municipal income tax withholding requirements under section 718.031 of the Revised Code. (A)...
• Section 5747.064 - Taxation Of Video Lottery Terminal Prizes.
  The requirements imposed under this section are in addition to the municipal income tax withholding requirements under section 718.031 of the Revised Code. (A)...
• Section 5747.07 - Employers To File Return And Pay Withholding.
  (A) As used in this section: (1) "Partial weekly withholding period" means a period during which an employer directly, indirectly, or constructively pays compensation...
• Section 5747.071 - Withholding Tax From Retirement Benefits.
  (A) As used in this section: (1) "Retirement system" means the public employees retirement system, state teachers retirement system, school employees retirement system, Ohio...
• Section 5747.072 - Employers Remitting Taxes By Electronic Funds Transfer.
  (A) Any employer required by section 5747.07 of the Revised Code to remit undeposited taxes by electronic funds transfer shall do so in the...
• Section 5747.08 - Filing Income Tax Return.
  An annual return with respect to the tax imposed by section 5747.02 of the Revised Code and each tax imposed under Chapter 5748. of...
• Section 5747.081 - Designating Contribution To Political Party Fund.
  An individual whose state income tax liability for a tax year is one dollar or more may designate that one dollar be paid into...
• Section 5747.082 - Use Of Electronic Filing By Tax Preparers.
  (A) As used in this section: (1) "Electronic technology" means electronic technology acceptable to the tax commissioner under division (B) of this section. (2)...
• Section 5747.083 - Report Or Payment Of Use Tax On Personal Income Tax Return.
  The tax commissioner may not require the taxpayer, as a part of the taxpayer's personal income tax return, to report or pay use tax...
• Section 5747.09 - Declaration Of Estimated Taxes.
  (A) As used in this section: (1) "Estimated taxes" means the amount that the taxpayer estimates to be the taxpayer's combined tax liability under...
• Section 5747.10 - Amended Returns.
  If any of the facts, figures, computations, or attachments required in a taxpayer's annual return to determine the tax charged by this chapter or...
• Section 5747.11 - Refunds - Interest.
  (A) The tax commissioner shall refund to employers, qualifying entities, or taxpayers subject to a tax imposed under section 5733.41, 5747.02, or 5747.41, or...
• Section 5747.111 - [Repealed].
  Effective Date: 07-06-1984
• Section 5747.112 - Paying Refund Of School District Income Taxes.
  For payment of any refund of school district income taxes illegally, erroneously, or excessively paid, the treasurer of state shall place one thousand dollars...
• Section 5747.113 - Income Tax Refund Contribution System.
  (A) Any taxpayer claiming a refund under section 5747.11 of the Revised Code who wishes to contribute any part of the taxpayer's refund to...
• Section 5747.12 - Applying Refund To Satisfy Debt To State.
  If a person entitled to a refund under section 5747.11 or 5747.13 of the Revised Code is indebted to this state for any tax,...
• Section 5747.121 - Collecting Child Support From Refunds.
  (A) In accordance with sections 3123.821 to 3123.823 of the Revised Code, the tax commissioner shall cooperate with the department of job and family...
• Section 5747.122 - Collecting Overpayments Of Public Assistance From Refunds.
  (A) The tax commissioner, in accordance with section 5101.184 of the Revised Code, shall cooperate with the director of job and family services to...
• Section 5747.123 - Collecting Overpaid Child Support From Refunds.
  (A) As used in this section: (1) "Obligee" and "obligor" have the same meanings as in section 3119.01 of the Revised Code; (2) "Overpaid...
• Section 5747.13 - Liability Of Employer For Failure To File Return Or Collect Or Remit Tax.
  (A) If any employer collects the tax imposed by section 5747.02 or under Chapter 5748. of the Revised Code and fails to remit the...
• Section 5747.131 - [Repealed].
  Effective Date: 06-26-2003
• Section 5747.132 - Eliminating Interest Or Penalty On Qualifying Refund Overpayment.
  (A) As used in this section: (1) "Qualifying taxpayer" means a taxpayer, employer, or qualifying entity. (2) "Qualifying refund overpayment" means an amount received...
• Section 5747.14 - Imposing Jeopardy Assessments.
  If the tax commissioner finds that an employer, qualifying entity, or taxpayer liable for any tax imposed under section 5733.41, this chapter, or Chapter...
• Section 5747.15 - Failure To File Or Remit Tax - Filing Frivolous, Dilatory Or Fraudulent Claim.
  (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 5747.16 - Secretary Of State Agent For Service Of Process On Nonresidents.
  Any nonresident who accepts the privileges extended by the laws of this state to nonresidents earning or receiving income in this state, and any...
• Section 5747.17 - Maintaining Records.
  The tax commissioner may prescribe requirements as to the keeping of records and other pertinent documents, and the filing of copies of federal income...
• Section 5747.18 - Powers Of Tax Commissioner.
  The tax commissioner shall enforce and administer this chapter. In addition to any other powers conferred upon the commissioner by law, the commissioner may:...
• Section 5747.181 - [Repealed].
  Effective Date: 09-06-2002
• Section 5747.19 - Filing Incomplete, False, And Fraudulent Returns.
  No person shall knowingly fail to file any return or report required to be filed by this chapter, or file or knowingly cause to...
• Section 5747.20 - Allocating Nonbusiness Income Or Deduction.
  This section applies solely for the purposes of computing the credit allowed under division (A) of section 5747.05 of the Revised Code and computing...
• Section 5747.21 - Apportioning Business Income Or Deduction.
  (A) This section applies solely for the purposes of computing the credit allowed under division (A) of section 5747.05 of the Revised Code and...
• Section 5747.211 - [Repealed].
  Repealed by 130th General Assembly File No. 25, HB 59, §105.01, eff. 9/29/2013. Effective Date: 06-30-1997 Related Legislative Provision: See 130th General Assembly File...
• Section 5747.212 - Apportioning Gain Recognized By Nonresident Equity Investor Selling An Investment In A Closely-held Business.
  (A) This section applies solely for the purpose of computing the credit allowed under division (A) of section 5747.05 of the Revised Code and...
• Section 5747.22 - Apportioning And Allocating Income And Deductions Of Pass-through Entities.
  (A) This section applies solely for the purposes of computing the credit allowed under division (A) of section 5747.05 of the Revised Code and...
• Section 5747.221 - Items Of Income And Deductions Not To Be Allocated Or Apportioned To Ohio.
  (A) As used in this section, "investment pass-through entity" has the same meaning as in section 5733.401 of the Revised Code. (B) Except as...
• Section 5747.23 - Taxing Trust Income.
  (A) With respect to a trust, one or more of the beneficiaries of which are liable for the tax imposed by section 5747.02 of...
• Section 5747.231 - Including Taxpayer's Entire Distributive Or Proportionate Share Attributable To 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 5747.24 - Presumption Of Domicile.
  This section is to be applied solely for the purposes of Chapters 5747. and 5748. of the Revised Code. (A) As used in this...
• Section 5747.25 - [Repealed].
  Effective Date: 10-29-1993; 04-04-2007
• Section 5747.26 - [Repealed].
  Repealed by 131st General Assembly File No. TBD, SB 208, §2, eff. 11/15/2015.
• Section 5747.261 - [Repealed].
  Repealed by 131st General Assembly File No. TBD, SB 208, §2, eff. 11/15/2015.
• Section 5747.27 - Credit For Displaced Worker Who Pays For Job Training To Enhance Ability To Get New Job.
  As used in this section, "displaced worker" means an individual who has lost or left the individual's job due to the closing or moving...
• Section 5747.28 - Credit For Purchase Of Qualifying Property By Taxpayer Engaged In The Business Of Producing Grapes.
  (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 5747.29 - Credit For Contributions Of Money To Candidates For Statewide Office Or Member Of General Assembly.
  A nonrefundable credit is allowed against a taxpayer's aggregate tax liability under section 5747.02 of the Revised Code for contributions of money made to...
• Section 5747.30 - Exemption For Nonresident Pass-through Entities As To Commercial Printing.
  (A) As used in this section: (1) "Commercial printer," "commercial printing," "contract for printing," "intangible property located at the premises of a commercial printer,"...
• Section 5747.31 - [Repealed].
  Repealed by 131st General Assembly File No. TBD, SB 208, §2, eff. 11/15/2015.
• Section 5747.32 - [Repealed].
  Repealed by 131st General Assembly File No. TBD, SB 208, §2, eff. 11/15/2015.
• Section 5747.33 - [Repealed].
  Repealed by 130th General Assembly File No. 25, HB 59, §105.01, eff. 9/29/2013. Effective Date: 11-19-1996
• Section 5747.331 - 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 5747.34 - [Repealed].
  Repealed by 131st General Assembly File No. TBD, SB 208, §2, eff. 11/15/2015.
• Section 5747.35 - [Repealed].
  Repealed by 131st General Assembly File No. TBD, SB 208, §2, eff. 11/15/2015.
• Section 5747.36 - [Repealed].
  Repealed by 131st General Assembly File No. TBD, SB 208, §2, eff. 11/15/2015.
• Section 5747.37 - Credit For Legally Adopted Minor Child.
  (A) As used in this section: (1) "Minor child" means a person under eighteen years of age. (2) "Legally adopt" means to adopt a...
• Section 5747.38 - [Repealed].
  Repealed by 131st General Assembly File No. TBD, SB 208, §2, eff. 11/15/2015.
• Section 5747.39 - [Repealed].
  Repealed by 131st General Assembly File No. TBD, SB 208, §2, eff. 11/15/2015.
• Section 5747.40 - Definitions Relating To Qualified Pass-through Entities.
  Any term used in sections 5747.40 to 5747.43 of the Revised Code has the same meaning as defined in section 5733.40 of the Revised...
• Section 5747.401 - Deemed Investors In Investment Pass-through Entity Are Deemed Investors In Any Other Pass-through Entity In Which Investment Pass-through Entity Is Direct Investor.
  (A) (1) Except as otherwise provided in division (B) of this section, for the purposes of sections 5733.40, 5733.401, 5733.402, 5733.41, and 5747.40 to...
• Section 5747.41 - Withholding Tax On Qualifying Pass-through Entity Or Trust Having Individual Qualifying Investor Or Beneficiary.
  For the same purposes for which the tax is levied under section 5747.02 of the Revised Code, there is hereby levied a withholding tax...
• Section 5747.42 - Filing Annual Return.
  (A) In addition to the other returns required to be filed and other remittances required to be made pursuant to this chapter, every qualifying...
• Section 5747.43 - Filing Estimated Tax Return And Making Estimated Payments.
  (A) As used in this section: (1) "Estimated taxes" means the amount that a qualifying entity estimates to be the sum of its liability...
• Section 5747.44 - Tax Payment By Electronic Funds Transfer.
  (A) If a qualifying entity's total liability for taxes imposed under sections 5733.41 and 5747.41 of the Revised Code exceeds one hundred eighty thousand...
• Section 5747.45 - Taxable Year; Method Of Accounting; Amended Reports With Payment Or Application For Refund.
  (A) A qualifying entity's qualifying taxable year is the same as its taxable year for federal income tax purposes. If a qualifying entity's taxable...
• Section 5747.451 - Requirements Of Qualifying Entity Upon Retirement From Business, Voluntary Dissolution Or Transfer To Successor.
  (A) The mere retirement from business or voluntary dissolution of a domestic or foreign qualifying entity does not exempt it from the requirements to...
• Section 5747.452 - [Repealed].
  Effective Date: 09-16-1998
• Section 5747.453 - Personal Liability Of Employee Or Beneficiary Of, Or Investor In, A Qualifying Entity For Failure To File Report Or Pay Tax.
  An employee or beneficiary of, or investor in, a qualifying entity having control or supervision of, or charged with the responsibility for, filing returns...
• Section 5747.46 - Library And Local Government Support Fund Definitions.
  As used in sections 5747.46 and 5747.47 of the Revised Code: (A) "Year's fund balance" means the amount credited to the public library fund...
• Section 5747.47 - Estimating, Certifying And Distributing Of County's Share Of Library And Local Government Support Fund.
  (A) (1) By the twenty-fifth day of July of each year, the tax commissioner shall estimate and certify the following for each county to...
• Section 5747.48 - Distribution Of County Library And Local Government Support Fund.
  On the fifteenth day of each month, the county treasurer shall distribute the balance in the county public library fund among the county, boards...
• Section 5747.49 - Prohibiting Later Performance Of Duties.
  No county auditor or county treasurer, or the tax commissioner shall fail to perform any duty imposed on such officer by sections 5747.46 to...
• Section 5747.50 - Apportioning Local Government Fund To Political Subdivision.
  (A) As used in this section: (1) "County's proportionate share of the calendar year 2007 LGF and LGRAF distributions" means the percentage computed for...
• Section 5747.501 - Estimating And Certifying Amount For Distribution Into Local Government Fund.
  (A) On or before the twenty-fifth day of July of each year, the tax commissioner shall estimate and certify to each county auditor the...
• Section 5747.502 - Delinquency.
  (A) As used in this section: (1) "Delinquent subdivision" means a municipal corporation, township, or county that has not filed a report or signed...
• Section 5747.51 - Allocating Local Government Fund To County Undivided Local Government Funds.
  (A) On or before the twenty-fifth day of July of each year, the tax commissioner shall make and certify to the county auditor of...
• Section 5747.511 - [Repealed].
  Effective Date: 12-31-2000
• Section 5747.52 - Calculating Subdivision Share Of Undivided Local Government Fund.
  The form used by the county budget commission to calculate subdivision shares of the undivided local government fund as apportioned pursuant to section 5747.51...
• Section 5747.53 - Apportionment Of Undivided Local Government Fund Of County Under An Alternative Method Or On A Formula Basis.
  (A) As used in this section: (1) "City, located wholly or partially in the county, with the greatest population" means the city, located wholly...
• Section 5747.54 - Failure To Certify Percentage Share Of The Undivided Local Government Fund.
  The tax commissioner may withhold distributions of local government fund money to any county where the county auditor has failed to certify to the...
• Section 5747.55 - Appealing County Budget Commission Action.
  The action of the county budget commission under sections 5747.51 and 5747.62 of the Revised Code may be appealed to the board of tax...
• Section 5747.60 - Delegating Investigation Powers Of Tax Commissioner.
  For purposes of enforcing this chapter, the tax commissioner, in accordance with section 5743.45 of the Revised Code, may delegate any investigation powers of...
• Section 5747.61 - [Repealed].
  Effective Date: 2007 HB119 06-30-2007
• Section 5747.62 - [Repealed].
  Effective Date: 2007 HB119 06-30-2007
• Section 5747.63 - [Repealed].
  Effective Date: 2007 HB119 06-30-2007
• Section 5747.65 - Tax Credit For Fit Tax.
  There is hereby allowed a refundable credit against a taxpayer's aggregate tax liability under section 5747.02 of the Revised Code. The amount of the...
• Section 5747.66 - Credit For Any Individual Who 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 5747.70 - Deductions For Contributions To College Savings Programs.
  (A) In computing Ohio adjusted gross income, a deduction from federal adjusted gross income is allowed to a contributor for the amount contributed during...
• Section 5747.71 - Earned Income Tax Credit.
  There is hereby allowed a nonrefundable credit against a taxpayer's aggregate tax liability under section 5747.02 of the Revised Code for a taxpayer who...
• Section 5747.75 - Credit For Investing Money 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 5747.76 - Refundable Income 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 5747.77 - [Repealed].
  Repealed by 131st General Assembly File No. TBD, SB 208, §2, eff. 11/15/2015.
• Section 5747.80 - 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 5747.81 - Tax Credit For Holders Of Small Business Investment Certificate.
  (A) Any term used in this section that is defined in section 122.86 of the Revised Code has the same meaning as defined in...
• Section 5747.98 - Order For Claiming Credits.
  (A) To provide a uniform procedure for calculating a taxpayer's aggregate tax liability under section 5747.02 of the Revised Code, a taxpayer shall claim...
• Section 5747.99 - Penalty.
  (A) Whoever violates section 5747.19 of the Revised Code, or whoever violates section 5747.06 or 5747.07 of the Revised Code by failing to remit...

Last modified: October 10, 2016