Are You Filing An Ohio Use Tax Return?

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... Read More

Church Administrative Offices Denied the Real Property Tax Exemption

Churches and other places of worship have had two available  exemptions from Ohio real property taxes, but this may be changing. Property where public worship actually occurs is specifically exempt. However, since this public worship exemption does not encompass buildings used by churches for ancillary purposes, such as administrative offices, churches have historically been granted... Read More

New Sourcing Rules for Ohio Sales Tax Effective January 1, 2010

As  part of Ohio’s participation in the Streamline Sales/Use Tax Project, Ohio was forced to switch to destination based sourcing for sales tax purposes. Now, since the governing rules have been relaxed, Ohio will revert back to origin sourcing for most sales effective January 1, 2010. The most significant change is with respect to delivery sales (i.e., mail order,... Read More

Snowbirds: Watch Out For Ohio’s “Contact Period” Test!

Ohio has adopted a unique test for determining who is considered an Ohio resident for individual income taxes.  Based upon the number of  “contact periods” an individual has in Ohio during a given year, a presumption is created as to the individual’s residency.  A “contact period” occurs when an individual is in Ohio for any... Read More

Caution: Appealing to the Ohio Board of Tax Appeals

Again and again, we see taxpayers lose their right to appeal assessments issued by the Ohio Department of Taxation due to clerical and administrative errors.  The requirements to perfect an appeal to the Ohio Board of Tax Appeals (BTA) are “finicky” to say the least, and taxpayers are not afforded any leniency in this regard. ... Read More

State Tax Administrators Teaming Up

Clearly, state tax enforcement is becoming more aggressive and complex.  Not only are state revenue agencies utilizing the Internet more and more to search for and identify businesses directing sales activities towards their respective states, but these agencies are also entering into agreements to share information with each other.  Ohio is a member of at... Read More

Voluntary Disclosure, a Procedure to Minimize Delinquent State Tax Obligations

As state tax attorneys, we commonly encounter situations where a company has a state tax obligation with a foreign state without even being aware that such an obligation exists – for instance, through the presence of an agent or representative performing installation or repair services on the company’s behalf,  attendance at a trade show or... Read More

Ohio Board of Tax Appeals Budget Cut By 42%

In the budget enacted by Ohio’s General Assembly for the 2010 and 2011 biennium, the amount appropriated to the Ohio Board of Tax Appeals (“BTA”) was reduced by 41.9% from the BTA’s actual FY 2009 expenditures.  As a result, the BTA was forced to reduce its staff, including cutting its attorney examiners in half.  The... Read More

Ohio Department of Taxation Increasing Audit Staff

As provided for in the current state budget, the Department is hiring approximately 100 “revenue producing employees,” most of which are expected to be auditors.  The Department’s goal is to have these new employees largely in place and trained by mid-2010, hopefully resulting in an increase in revenue for fiscal year 2011.  This influx of... Read More