Ohio State Tax Attorneys

Steven A. Dimengo and Richard B. Fry III provide helpful information and resources regarding state and local taxes, including Ohio sales tax, other Ohio state taxes and multistate tax planning.  The Ohio State Tax Blog discusses implications of significant changes in the state and local tax arena. Feel free to contact us for advice regarding state and local taxes or an Ohio state tax controversy.
Home Archives Ohio Sales Tax Are You Filing An Ohio Use Tax Return?
Are You Filing An Ohio Use Tax Return? PDF Print E-mail
Wednesday, 13 January 2010 18:15

Like other states, Ohio’s use tax is complementary to its sales tax, with tax being imposed upon the storage, use, or consumption of tangible personal property in Ohio and the receipt of the benefit of a taxable service, to the extent sales tax has not been paid.  The reality is that every Ohio resident and business operating in Ohio likely has a use tax liability arising from out-of-state purchases when the vendor did not collect Ohio tax (and, through December 31, 2009, also arising from purchases made from vendors in an Ohio county with a lower tax rate than the county of the consumer’s storage, use or consumption of the property).  The failure to file an Ohio use tax return enhances the likelihood: 

  1. You will be audited, as the Tax Commissioner will be concerned there is no means by which your use tax obligations are being met (and those not audited are simply lucky due to the limited resources of the Tax Commissioner). 
  2. The penalty resulting from an audit will be the maximum 15%. 
  3. An audit will encompass a substantial period since there is no statute of limitation if returns are not filed.  
There are ways to ease into the filing of a use tax return, including through the voluntary disclosure program if you are concerned about a past liability. Most importantly, Ohio use tax returns should be filed in order to start the four-year statute of limitations, thereby limiting the exposure of a potential audit.
Last Updated on Sunday, 21 March 2010 20:01
 

 

 

Ohio State Tax Attorney, Steven A. Dimengo

Steve Dimengo is recognized as one of the leading tax attorneys in Ohio, where he has been serving clients for over twenty-three years. Full Profile. Cases. Email.

 

Ohio State Tax Attorney, Richard B. Fry III

Richard Fry is an Associate focusing on business law, specifically taxation. He holds a J.D. and Masters of Taxation from the University of Akron. Full Profile. Email.

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Steve will be speaking at a Lorman Education Services national teleconference titled, "Ohio Sales and Use Tax:  Recent Trends, Developments and Planning Opportunities (Maximizing Exemptions and Minimizing Taxable Services)" on October 14, 2010 (1:00 pm ET (12:00 pm CT, 11:00 am MT, 10:00 am PT)).  The presentation will last 1 hour and 30 minutes.  This will be broadcast by telephone to a national audience.  Topics include:  tangible property, services, manufacturing, resale, direct pay limits, etc.  To register for this teleconference, click here.
 
Steve will be speaking at the 2010 Annual Accounting Show to be held at the Cleveland IX Center on Thursday, October 28 (2:15 p.m. - 3:15 p.m.).  His subject will be:  Recent Trends, Developments and Planning Opportunities and Ohio Sales/Use Tax.  Details to follow...