Ohio Admin. Code 5703-7-05 - Income tax; extensions; penalties and interest
(A)
(1) Any
term used in this rule has the same definition as in section
5747.01
,
or
5733.40
, or
5747.38
of the Revised
Code, or if undefined in those sections, when used in a comparable context in
Chapter 5747. of the Revised Code.
(2) The term "unextended due date" means the
date prescribed for filing an annual return under Chapter 5747. of the Revised
Code, without any extension.
(B)
(1)
(a) For any taxable year, a taxpayer that
receives an extension for filing the taxpayer's federal income tax return shall
automatically receive an extension for filing the taxpayer's corresponding Ohio
tax return under this chapter to the same due date, provided that the federal
extension due date is beyond the unextended due date for the corresponding Ohio
return.
(b) For any taxable year, a
qualifying entity that receives an extension for filing the
taxpayer's
qualifying entity's federal income tax return shall
automatically receive an extension for filing the taxpayer's
qualifying
entity's corresponding Ohio tax return under this chapter to the same due
date, provided that the federal extension due date is beyond the unextended due
date for the corresponding Ohio return.
(c)
For any taxable
year, an electing pass-through entity that receives an extension for filing the
electing pass-through entity's federal income tax return will automatically
receive an extension for filing the electing passthrough entity's corresponding
Ohio tax return under this chapter to the same due date, provided that the
federal extension due date is beyond the unextended due date for the
corresponding Ohio return.
(2) If a taxpayer,
or qualifying
entity, or electing pass-through entity is
eligible for the extension under paragraph (B)(1) of this rule, such extension
shall apply to any annual return, required to be filed under section
5747.08 or
5747.42 of the Revised Code, due
for the taxable year.
(C)
(1) An
extension of time to file under paragraph (B)(1) or (B)(2) of this rule does
not extend the due date for payment of any tax due or for the purposes of
imposing interest on any tax due, unless the tax commissioner expressly extends
the due date for payment of tax.
(2) Nothing in this rule shall abate any
penalty or interest imposed for failure to pay taxes in a timely manner if,
after the filing of the taxpayer's,
or qualifying entity's, or electing pass-through entity's return, it is
determined that the taxpayer,
or qualifying entity, or electing pass-through entity owes taxes in
addition to those shown due on the originally filed return.
(D) Nothing in this rule precludes
or modifies the applicability of section
5747.026 of the Revised
Code.
Notes
Promulgated Under: 119
Statutory Authority: 5703.05
Rule Amplifies: 5747.15, 5747.08, 5747.42
Prior Effective Dates: 12/20/1971, 10/16/1972, 07/20/1973, 06/10/1974, 06/13/1975, 06/30/1979, 11/15/1981, 07/09/1982, 03/19/1993, 07/01/1994, 09/19/1996, 09/29/1997, 09/16/1998, 09/29/1999, 09/06/2002, 06/02/2005, 06/30/2005, 03/28/2006 (Emer.), 06/30/2006, 12/28/2006, 10/09/2015, 10/23/2017
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