Ohio Commercial Activity Tax: The Agency Exclusion can provide significant tax reductions with proper planning.
October 6, 2016
Ohio Commercial Activity Tax includes a significant exclusion from gross receipts for amounts received by a taxpayer acting in an agency capacity. R.C. 5751.01(F)(2)(I) excludes “property, money, and other amounts received or acquired by an agent on behalf of another in excess of the agent’s commission fee or other reimbursement….” from the definition of taxable… Read More
Ohio State Bar Association Taxation Committee Sales and Use Tax Subcommittee Report
As co-chairs of the Ohio State Bar Association Sales / Use Tax Subcommittee, here is a link to the report Steve and Rich presented at the September 22, 2016 Taxation Committee meeting. If you have any question regarding the subcommittee report or any sales / use tax questions, please contact Steve Dimengo, Rich Fry, or Casey Davis. Contact us.
Another stab at reversing Quill: Will Congress expand sales tax collection to online retailer?
September 6, 2016
The House Judiciary Committee recently released draft legislation that would implement a clearinghouse system for sales tax collection by online retailers. The proposed bill, dubbed the Online Sales Simplification Act of 2016, would end the bright-line physical presence standard mandated by the U.S. Supreme Court’s 1992 ruling in Quill Corp. v. North Dakota. The proposed… Read More
Save-the-Date: Ohio State & Local Tax Conference November 10. Get this conference on your calendar before you forget!
August 26, 2016
Save-the-Date: Ohio State & Local Tax Conference November 10 Critical state and local tax updates in time for tax season! Don’t miss your chance to hear from Chief Counsel for the Ohio Department of Taxation, Matthew H. Chafin, to find out what the Ohio Department of Taxation has in store for next tax season, as… Read More
Supreme Court Allows Public Utility Status for Ohio Sales/Use Tax Purposes Even Though Air Carrier Did Not Have a “Certificate of Public Convenience and Necessity”
August 25, 2016
In Epic Aviation, LLC v. Testa, the Court found that an air cargo carrier was entitled to public utility status, holding it met the common-carrier test for certain aspects of its business. Following prior Supreme Court precedent, this included providing regular package delivery services at reasonable and non-discriminatory prices according to pre-announced schedules. Therefore, purchases… Read More
Ohio Supreme Court Affirms Personal Income Tax Assessment Even Though Tax Commissioner Never Affirmatively Supported Residency Status at Lower Administrative Level
In Krehnbrink v. Testa, the Taxpayer did not file an Ohio income tax return for the year at issue claiming all of his income had been earned outside of Ohio. The Tax Commissioner affirmed the assessment based upon lack of evidence as to non-Ohio income. There was no reference in the Tax Commissioner’s Final Determination… Read More