Ohio Admin. Code 5703-3-04 - Dates for listing taxable personal property
All taxpayers required by rule
5703-3-03
of the Administrative Code to file a balance sheet and make a return of taxable
property used in business shall list such personal property as of the close of
business of the last day of December, except those
taxpayers filing an initial personal property tax return upon first engaging in
business in this state pursuant to sections 5711.03 and 5711.04 of the Revised
Code or unless otherwise provided by this rule.
(B) Any taxpayer required to file an
income tax return with the United States internal revenue service on a fiscal
year basis shall employ the same fiscal year end for listing his personal
property used in business. For the purpose of listing such personal property,
such fiscal year end shall be that for the fiscal year ending in the calendar
year preceding the calendar year in which the property tax return is required
to be filed. If a taxpayer has not been engaged in business in Ohio for a full
twelve months immediately preceding such fiscal year end, he shall list all
taxable personal property as of the close of business of the last day of
December.
(C) A taxpayer may, by written
application to the tax commissioner setting forth facts showing good cause,
request permission to employ a fiscal year end for making a return of taxable
property other than that used for federal income tax purposes. A taxpayer who
is not required to file a return with the internal revenue service may
similarly make a written application to the commissioner, requesting permission
to employ a fiscal year end for making return of his taxable property other
than the last day of December. Any taxpayer making written application under
the provisions of this paragraph must have been engaged in business in Ohio a
full twelve months immediately preceding the fiscal year end
requested.
(D) A taxpayer shall employ the same
listing day each year, unless upon written application to the commissioner or
by order of the commissioner a different day of listing be authorized or
required.
(E) A taxpayer who has acquired or
disposed of property subject to taxation under section 5709.01 or 5709.02 of
the Revised Code, is required to employ, or may apply for, an alternate listing
day with respect to such property, when:
(1) The property so acquired or
disposed of constitutes an entire plant, a facility, or a division;
and
(2) Such property was transferred by
means of purchase or sale, merger, or reorganization; and
(3) Such property would otherwise be
excluded from taxation for one year or would otherwise be taxed more than once
in a year.
If such property would otherwise be
excluded from taxation, the taxpayer acquiring the property shall list that
property as of the last day of the month of acquisition. If such property would
otherwise be taxed more than once in a year, the taxpayer disposing of such
property may apply in writing to the commissioner on or before April thirtieth
of that year for designation of an alternate day which will eliminate the
listing of such property from the disposing taxpayer's return.
The alternate listing day provided
for by this paragraph is in addition to the listing day for all other property
and shall only apply to such acquired or disposed property, and shall be used
for one year only.
This rule does not apply to
financial institutions or to dealers in intangibles.
Notes
Promulgated Under: 119
Statutory Authority: 5703.05
Rule Amplifies: 5709.01, 5709.02, 5711.03, 5711.04, 5711.101
Prior Effective Dates: 02/17/1975, 12/30/1984, 05/22/2014
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