(A) As used in this
rule:
(1) "Agreement" means an agreement
required by
prescribed under division (H)(4) of section
715.691, division (F)(5) of
section
715.70, division (G) of section
715.71, or division (F)(5)(c) of
section
715.72 of the Revised Code,
between the board of directors of a JEDD or JEDZ and a qualifying municipal
corporation to administer, collect, and enforce the income tax on behalf of a
JEDD or JEDZ.
(2) "Contract" means
a contract creating a joint economic development district entered into under
section 715.70,
715.71, or
715.72 of the Revised Code, or a
contract creating a joint economic development zone entered into under section
715.691 of the Revised
Code.
(3) "JEDD" means a joint
economic development district that levies an income tax under section
715.70,
715.71, or
715.72 of the Revised
Code.
(4) "JEDZ" means a joint
economic development zone that levies an income tax under section
715.691 of the Revised
Code.
(5) "Map of the JEDD or JEDZ"
means a description of the area or areas included in the JEDD or JEDZ,
including a map in sufficient detail to denote the specific boundaries of the
area or areas, and the parcel number of any parcel located within the
boundaries of the JEDD or JEDZ which is excluded from the JEDD or
JEDZ.
(6) "Qualifying municipal
corporation" is any municipal corporation other than a JEDD or JEDZ.
(7) "Tax collections" means any amount
collected pursuant to sections
718.80 to
718.95 of the Revised Code and
distributed under section
718.83 of the Revised
Code.
(B)
The board of directors of each JEDD and JEDZ shall
provide to the tax commissioner a copy of the contract, map of the JEDD or
JEDZ, and any amendments to the contract, as follows:
The board of directors of each JEDD and JEDZ shall provide
to the tax commissioner all of the following:
(1)
The board of
directors of each JEDD and JEDZ shall provide a copy of the signed contract and
a map of the JEDD or JEDZ within thirty days of the effective date of this
rule, or within thirty days of the effective date of the contract, whichever
comes later.
A copy of the signed contract and
a map of the JEDD or JEDZ within thirty days of the effective date of the
contract;
(2)
The board of directors of each JEDD and JEDZ shall
provide a copy of any signed amendment to the contract within thirty days of
the effective date of this rule, or within thirty days of the effective date of
such amendment, whichever comes later.
A copy
of any signed amendment to the contract within thirty days of the effective
date of such amendment;
(3)
Notice that a contract is renewed, terminated, or
canceled, or if any change is made to the map of the JEDD or JEDZ, at least
thirty days prior to the effective date of the renewal, termination,
cancelation, or change; and
(4)
Notice of which
qualifying municipal corporation is charged with administering, collecting, and
enforcing the municipal net profit tax on behalf of the JEDD or JEDZ, and a
copy of the signed agreement, and any signed amendments to the agreement within
thirty days of the effective date of the agreement or amendment,
respectively.
(C) The board of directors of each
JEDD and JEDZ shall notify the tax commissioner if a contract is renewed,
terminated, or canceled, or if any change is made to the map of the JEDD or
JEDZ, at least thirty days prior to the effective date of the renewal,
termination, cancelation, or change.
(D) The board of directors of each
JEDD and JEDZ shall notify the tax commissioner which qualifying municipal
corporation is charged with administering, collecting, and enforcing the
municipal net profit tax on behalf of the JEDD or JEDZ and provide to the tax
commissioner a copy of the agreement, and any amendments to the agreement, as
follows:
(1) The board of directors of each
JEDD and JEDZ shall notify the tax commissioner and provide a copy of the
signed agreement within thirty days of the effective date of this rule, or
within thirty days of the effective date of the agreement, whichever comes
later.
(2) The board of directors of each
JEDD and JEDZ shall provide a copy of any signed amendment to the agreement
within thirty days of the effective date of this rule, or within thirty days of
the effective date of such amendment, whichever comes
later.
(E)(C) For each JEDD and
JEDZ, the tax commissioner
shall
will distribute tax collections according to section
718.83 of the Revised Code to
the qualifying municipal corporation identified by the board of directors of
each JEDD or JEDZ as the qualifying municipal corporation charged with
administering, collecting, and enforcing the municipal net profit tax under the
agreement provided under paragraph (B)(4) of this rule. The qualifying
municipal corporation receiving such distribution of tax collections on behalf
of a JEDD or JEDZ shall distribute the tax collections in accordance with the
applicable JEDD or JEDZ contract. The tax commissioner is not responsible for
any delayed or errant distribution of tax collections under this paragraph if
the board of directors of a JEDD or JEDZ fails to timely provide information
required
prescribed by this rule.
(F)(D) Nothing in this
rule affects the exchange of information between the tax commissioner and
municipal corporations under sections
718.80 to
718.95 of the Revised Code.
Information provided by the
tax
commissioner to each JEDD and JEDZ
shall
will be provided
to the persons identified under division (B)(4) of section
718.84 of the Revised
Code.
(G)(E) The board of
directors of each JEDD and JEDZ shall provide information to the tax
commissioner
required
prescribed by this rule in accordance with guidance
published by the
tax commissioner on the
Ohio department of taxation's website at
http://www.tax.ohio.gov.
Notes
Ohio Admin. Code
5703-41-02
Effective:
1/6/2024
Five Year Review (FYR) Dates:
10/18/2023 and
01/06/2029
Promulgated
Under: 119
Statutory Authority:
5703.05,
718.80
Rule
Amplifies: 718.80,
718.83
Prior
Effective Dates: 01/12/2018
