(1)(b) It is owned by a corporation, unincorporated | 30 |
association, or trust of a charitable, religious, or fraternal | 31 |
nature, which is organized and operated not for profit, which is | 32 |
not formed for the pecuniary gain or profit of, and whose net | 33 |
earnings or any part of whose net earnings is not distributable | 34 |
to, its members, trustees, officers, or other private persons,
and | 35 |
which is exempt from federal income taxation under section
501 of | 36 |
the "Internal Revenue Code of 1986," 100 Stat. 2085, 26
U.S.C. 1. | 37 |
(3)(d) It does not pay, directly or indirectly, compensation | 40 |
for services rendered, interest on debts incurred, or purchase | 41 |
price for land, building, equipment, supplies, or other goods or | 42 |
chattels, which compensation, interest, or purchase price is | 43 |
unreasonably high;. | 44 |
(2) A place of residence that satisfies divisions (B)(1)(b), | 48 |
(d),
and (e) of this section; that satisfies the definition of | 49 |
"nursing home," "residential care facility," or "adult care | 50 |
facility" under section 3721.01 or 3722.01 of the Revised Code | 51 |
regardless of whether it is licensed as such a home or facility; | 52 |
and that is
provided at no
charge to individuals on account of | 53 |
their service
without compensation to a
charitable, religious, | 54 |
fraternal, or
educational institution, which individuals are aged | 55 |
or infirm and
are members of the
corporation, association, or | 56 |
trust that owns
the place of
residence. For the purposes of | 57 |
division (B)(2) of this section, "compensation" does not include | 58 |
furnishing room and board, clothing, health care, or other | 59 |
necessities, or stipends or other de minimis payments to defray | 60 |
the cost thereof. | 61 |
(C)(1) If a corporation, unincorporated association, or | 71 |
trust described in division (B)(1)(b) of this section is granted a | 72 |
certificate of need pursuant to section 3702.52 of the Revised | 73 |
Code to construct, add to, or otherwise modify a nursing home, or | 74 |
is given approval pursuant to section 3791.04 of the Revised Code | 75 |
to construct, add to, or otherwise modify a residential
care | 76 |
facility or adult
care facility and if the corporation, | 77 |
association, or trust
submits an affidavit to the tax commissioner | 78 |
stating that,
commencing on the date of licensure and continuing | 79 |
thereafter,
the home or facility will be operated in accordance | 80 |
with the
requirements of divisions (B)(1), (2), (3), and (4)(a) to | 81 |
(e) of this
section, the corporation, association, or trust shall | 82 |
be
considered to be operating a "home for the aged" within the | 83 |
meaning of division (B)(1) of this section, beginning on the first | 84 |
day of January of the year in which such certificate is granted
or | 85 |
approval is given. | 86 |
(a) The corporation, association, or trust no longer
intends | 92 |
to complete the construction of, addition to, or
modification of | 93 |
the home or facility, to obtain the appropriate
license for the | 94 |
home or facility, or to commence operation of the
home or facility | 95 |
in accordance with the requirements of divisions
(B)(1), (2), (3), | 96 |
and (4)(a) to (e) of this section; | 97 |
(3) Upon the occurrence of any of the events referred to
in | 112 |
divisions (C)(2)(a), (b), (c), (d),
orand (e) of this section, | 113 |
the
corporation, association, or trust shall no longer be | 114 |
considered
to be operating a "home for the aged" pursuant to | 115 |
division (C)(1)
of this section, except that the tax
commissioner, | 116 |
for good cause
shown and to the extent
hethe
commissioner | 117 |
considers appropriate,
may extend the time period specified
in | 118 |
division (C)(2)(c) or (d)
of this section, or both. Nothing in | 119 |
division
(C)(3) of this
section shall be construed to prevent a | 120 |
nursing
home, residential
care facility, or adult care facility | 121 |
from qualifying as a
"home
for the aged" if, upon proper | 122 |
application made pursuant to
division (B) of this section, it is | 123 |
found to meet the
requirements
of divisions (A) and (B) of this | 124 |
section. | 125 |
(B) Lands, houses, and other buildings belonging to a | 131 |
county, township, or municipal corporation and used exclusively | 132 |
for the accommodation or support of the poor, or leased to the | 133 |
state or any political subdivision for public purposes shall be | 134 |
exempt from taxation. Real and tangible personal property | 135 |
belonging to institutions that is used exclusively for charitable | 136 |
purposes shall be exempt from taxation, including real property | 137 |
belonging to an institution that is a nonprofit corporation that | 138 |
receives a grant under
the Thomas Alva Edison
grant program | 139 |
authorized
by division (C) of
section 122.33 of the Revised Code | 140 |
at any time
during the tax year
and being held for leasing or | 141 |
resale to
others. If, at any time during a tax year for which | 142 |
such property
is exempted from taxation, the corporation ceases to | 143 |
qualityqualify for
such a grant, the director of development | 144 |
shall notify the tax
commissioner, and the tax commissioner shall | 145 |
cause the property to
be restored to the tax list beginning with | 146 |
the following tax year.
All property owned and
used by a nonprofit | 147 |
organization
exclusively for a home for the
aged, as defined in | 148 |
section 5701.13
of the Revised Code, also
shall be exempt from | 149 |
taxation. | 150 |
(C)(1) If a home for the aged
described in division (B)(1) | 151 |
of section 5701.13 of the Revised Code is operated in conjunction | 152 |
with
or at the same site as independent living facilities, the | 153 |
exemption granted in division (B) of this section shall include | 154 |
kitchen, dining room, clinic, entry ways, maintenance and storage | 155 |
areas, and land necessary for access commonly used by both | 156 |
residents of the home for the aged and residents of the | 157 |
independent living facilities. Other facilities commonly used by | 158 |
both residents of the home for the aged and residents of | 159 |
independent living units shall be exempt from taxation only if
the | 160 |
other facilities are used primarily by the residents of the
home | 161 |
for the aged. Vacant land currently unused by the home, and | 162 |
independent living facilities and the lands connected with them | 163 |
are not exempt from taxation. Except as provided in division (A) | 164 |
of section 5709.121 of the Revised Code, property of a home
leased | 165 |
for nonresidential purposes is not exempt from taxation. | 166 |
(2) Independent living facilities are exempt from taxation | 167 |
if they are operated in conjunction with or at the same site as a | 168 |
home for the aged described in division (B)(2) of section 5701.13 | 169 |
of the Revised Code; operated by a corporation, association, or | 170 |
trust described in division (B)(1)(b) of that section; operated | 171 |
exclusively for the benefit of members of the corporation, | 172 |
association, or trust who are retired, aged, or infirm; and | 173 |
provided to those members without charge in consideration of their | 174 |
service, without compensation, to a charitable, religious, | 175 |
fraternal, or educational institution. For the purposes of | 176 |
division (C)(2) of this section, "compensation" does not include | 177 |
furnishing room and board, clothing, health care, or other | 178 |
necessities, or stipends or other de minimis payments to defray | 179 |
the cost thereof. | 180 |
(D)(1) A private corporation established under federal law, | 181 |
defined in 36 U.S.C. 1101, Pub. L. No. 102-199, 105
Stat.
1629, as | 182 |
amended, the objects of which include encouraging the advancement | 183 |
of science generally, or of a particular branch of science, the | 184 |
promotion of scientific research, the improvement of the | 185 |
qualifications and usefulness of scientists, or the increase and | 186 |
diffusion of scientific knowledge is conclusively presumed to be
a | 187 |
charitable or educational institution. A private corporation | 188 |
established as a nonprofit corporation under the laws of a state, | 189 |
that is exempt from federal income taxation under section | 190 |
501(c)(3) of the Internal Revenue Code of 1986, 100 Stat. 2085,
26 | 191 |
U.S.C.A. 1, as amended, and has as its principal purpose one
or | 192 |
more of the foregoing objects, also is conclusively presumed
to be | 193 |
a charitable or educational institution. | 194 |
The fact that an organization described in this division | 195 |
operates in a manner that results in an excess of revenues over | 196 |
expenses shall not be used to deny the exemption granted by this | 197 |
section, provided such excess is used, or is held for use, for | 198 |
exempt purposes or to establish a reserve against future | 199 |
contingencies; and, provided further, that such excess may not be | 200 |
distributed to individual persons or to entities that would not
be | 201 |
entitled to the tax exemptions provided by this chapter. Nor | 202 |
shall the fact that any scientific information diffused by the | 203 |
organization is of particular interest or benefit to any of its | 204 |
individual members be used to deny the exemption granted by this | 205 |
section, provided that such scientific information is available
to | 206 |
the public for purchase or otherwise. | 207 |
When a private corporation
described in
division
(D)(1) of | 216 |
this section
sells all or any portion of a tract, lot,
or parcel | 217 |
of real
estate that has been exempt from taxation under
this | 218 |
section and
section 5709.121 of the Revised Code, the portion
sold | 219 |
shall be
restored to the tax list for the year following the
year | 220 |
of the
sale and a charge shall be levied against the sold
property | 221 |
in an
amount equal to the tax savings on such property
during the | 222 |
four
tax years preceding the year the property is
placed on the | 223 |
tax
list. The tax savings equals the amount of the
additional | 224 |
taxes
that would have been levied if such property had
not been | 225 |
exempt
from taxation. | 226 |
The charge constitutes a lien of the state upon such
property | 227 |
as of the first day of January of the tax year in which
the charge | 228 |
is levied and continues until discharged as provided
by law. The | 229 |
charge may also be remitted for all or any portion
of such | 230 |
property that the tax commissioner determines is entitled
to | 231 |
exemption from real property taxation for the year such
property | 232 |
is restored to the tax list under any provision of the
Revised | 233 |
Code, other than sections 725.02, 1728.10, 3735.67,
5709.40, | 234 |
5709.41, 5709.62, 5709.63, 5709.71, 5709.73, 5709.78,
and 5709.84, | 235 |
upon an application for exemption covering the year
such property | 236 |
is restored to the tax list filed under section
5715.27 of the | 237 |
Revised Code. | 238 |
(E) Real property held by an
organization organized and | 239 |
operated exclusively for charitable
purposes as described under | 240 |
section 501(c)(3) of the
Internal Revenue Code and exempt from | 241 |
federal
taxation under section 501(a) of the Internal
Revenue | 242 |
Code, 26 U.S.C.A. 501(a) and
(c)(3), as
amended, for the purpose | 243 |
of constructing or rehabilitating
residences for eventual transfer | 244 |
to qualified low-income
families through sale, lease, or land | 245 |
installment contract,
shall be exempt from taxation. | 246 |
The exemption shall commence on the day title to
the property | 247 |
is transferred to the organization
and shall continue to the end | 248 |
of the tax year in which
the organization transfers title to the | 249 |
property to a
qualified low-income family. In no case shall the | 250 |
exemption extend beyond the
second succeeding tax year following | 251 |
the year in which the title was
transferred to the organization. | 252 |
If the title is transferred to the
organization and from the | 253 |
organization to a qualified low-income family in the
same tax | 254 |
year, the exemption shall continue to the end of that tax year. | 255 |
The
proportionate amount of taxes that are a
lien but not yet | 256 |
determined, assessed, and levied for the tax year in which
title | 257 |
is transferred to the organization shall be remitted by the
county | 258 |
auditor for each day of the year that title is held by the | 259 |
organization. | 260 |
Upon transferring the title to another person, the | 261 |
organization shall file
with the county auditor an affidavit | 262 |
affirming that the title was transferred
to a qualified low-income | 263 |
family or that the title was not transferred to a
qualified | 264 |
low-income family, as the case may be; if the title was | 265 |
transferred to a qualified low-income family, the affidavit shall | 266 |
identify the
transferee by name. If the organization transfers | 267 |
title to the property
to anyone other than a
qualified low-income | 268 |
family, the exemption, if it has not previously expired,
shall | 269 |
terminate, and the property shall be restored to the tax list for | 270 |
the
year following the year of the transfer and a charge shall be | 271 |
levied against
the property in an amount equal to the amount of | 272 |
additional taxes that would
have been levied if such property had | 273 |
not been exempt from taxation. The
charge constitutes a lien of | 274 |
the state upon such property as of the first day
of January of the | 275 |
tax year in which the charge is levied and
continues until | 276 |
discharged as provided by law. | 277 |
The application for exemption shall be filed as otherwise | 278 |
required
under section 5715.27 of the Revised Code, except that | 279 |
the
organization holding the property shall file with its | 280 |
application documentation substantiating its status as an | 281 |
organization organized and operated exclusively for charitable | 282 |
purposes under section 501(c)(3) of the
Internal Revenue Code and | 283 |
its qualification for
exemption from federal taxation under | 284 |
section 501(a)
of the Internal Revenue Code, and affirming its | 285 |
intention to construct or rehabilitate the property for the | 286 |
eventual transfer to qualified low-income families. | 287 |
As used in this division, "qualified low-income family"
means | 288 |
a family whose income does not exceed two hundred per cent
of the | 289 |
official federal poverty guidelines as revised annually
in | 290 |
accordance with section 673(2) of the "Omnibus Budget | 291 |
Reconciliation Act of 1981," 95 Stat. 511, 42
U.S.C.A. 9902, as | 292 |
amended, for a family size equal to the size of the
family whose | 293 |
income is being determined. | 294 |