Sub. H. B. No. 2 As Reported by the Senate Finance and Financial Institutions Committee

Representatives Widowfield, Buehrer, Flowers, Walcher, Hartnett, Mitchell, Uecker, Carmichael, Book, D. Stewart, Aslanides, Beatty, Blasdel, Blessing, Brown, Calvert, Carano, Cassell, Chandler, Coley, Collier, Combs, Core, Daniels, DeWine, Distel, Dolan, Domenick, C. Evans, D. Evans, Faber, Fende, Garrison, Gibbs, Gilb, Hagan, Harwood, Hoops, Hughes, Kearns, Key, Kilbane, Koziura, Latta, Law, Martin, Mason, Miller, Oelslager, Otterman, T. Patton, Perry, Peterson, Raga, Raussen, Reidelbach, Reinhard, Schaffer, Schlichter, Schneider, Seaver, Seitz, Setzer, J. Stewart, Strahorn, Taylor, Trakas, Ujvagi, Wagner, Wagoner, Webster, White, Widener, Willamowski, Williams, Wolpert, Yuko

Senators Carey, Amstutz, Padgett, Gardner, Niehaus, Clancy, Roberts, Wilson, Goodman, Austria

A BILL

To amend sections 5747.026 and 5747.08 of the Revised 1
Code to grant to all members of the National Guard 2
and reserve components of the United States armed 3
forces who have been called to active duty an 4
extension of time in which to file income tax 5
returns and pay income taxes, to increase the 6
number of authorized participants in the Ohio 7
National Guard Scholarship Program for the 2005 8
summer term, and to declare an emergency. 9

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

       Section 1. That sections 5747.026 and 5747.08 of the Revised 10
Code be amended to read as follows: 11

       Sec. 5747.026. (A) For taxable years beginning on or after 12
January 1, 2002, aeach member of the national guard ~~or a~~and each 13
member of a reserve component of the armed forces of the United 14
States called to active ~~or other~~ duty ~~under operation Iraqi~~ 15
~~freedom~~pursuant to an executive order issued by the president of 16
the United States or an act of the congress of the United States 17
may apply to the tax commissioner for both an extension for filing 18
of the return and an extension of time for payment of taxes 19
required under this chapter and under Chapter 5748. of the Revised 20
Code during the period of the member's duty service and for sixty 21
days thereafter. The application shall be filed on or before the 22
sixtieth day after the member's duty terminates. An applicant 23
shall provide such evidence as the tax commissioner considers 24
necessary to demonstrate eligibility for the extension. 25

       (B)(1) If the tax commissioner ~~determines~~ascertains that an 26
applicant is qualified for an extension under this section, the 27
tax commissioner shall enter into a contract with the applicant 28
for the payment of the tax in installments that begin on the 29
sixty-first day after the applicant's active duty ~~under operation~~ 30
~~Iraqi freedom~~ terminates. Except as provided in division (B)(3) of 31
this section, the tax commissioner may prescribe such contract 32
terms as the tax commissioner considers appropriate. If the amount 33
owed is two thousand four hundred dollars or less, the contract 34
shall be for not longer than twelve months. If the amount owed is 35
more than two thousand four hundred dollars, the contract shall be 36
for not longer than twenty-four months. 37

       (2) If the tax commissioner ~~determines~~ascertains that an 38
applicant is qualified for an extension under this section, the 39
applicant shall ~~not~~neither be required to file any return, 40
report, or other tax document nor be required to pay any tax 41
otherwise due under this chapter and Chapter 5748. of the Revised 42
Code before the sixty-first day after the applicant's active duty 43
~~under operation Iraqi freedom~~ terminates. 44

       (3) Taxes paid pursuant to a contract entered into under 45
division (B)(1) of this section are not delinquent. The tax 46
commissioner shall not require any payments of penalties, interest 47
penalties, or interest in connection with ~~such~~those taxes for the 48
extension period. 49

       (C)(1) ~~Divisions (A) and (B) of this section do not apply to~~ 50
~~any taxable year for which a taxpayer receives an extension of~~ 51
~~time in which to file a federal income tax return or pay federal~~ 52
~~income tax under the Internal Revenue Code~~Nothing in this 53
division denies to any person described in this division the 54
application of divisions (A) and (B) of this section. 55

        (2)(a) A qualifying taxpayer who is eligible for an extension 56
under the Internal Revenue Code shall receive both an extension of 57
time in which to file any return, report, or other tax document 58
described in this chapter and an extension of time in which to 59
make any payment of taxes required under this chapter orand 60
Chapter 5748. of the Revised Code. The length of any extension 61
granted under division (C)(2)(a) of this section shall be equal to 62
the length of the corresponding extension that the taxpayer 63
receives under the Internal Revenue Code. As used in this section, 64
"qualifying taxpayer" means a member of the national guard, or a 65
member of the reserve component of the armed forces of the United 66
States, who is called to active duty pursuant to either an 67
executive order issued by the president of the United States or an 68
act of the congress of the United States. 69

        (b) Taxes ~~paid~~whose payment is extended in accordance with 70
division (C)(2)(a) of this section are not delinquent during the 71
extension period. The tax commissioner shall not require any 72
payment of penalties, interest penalties, or interest in 73
connection with ~~such~~those taxes for the extension period. The tax 74
commissioner shall not include any period of extension granted 75
under division (C)(2)(a) of this section in calculating the 76
penalty, interest penalty, or interest due on any unpaid tax. 77

        (D) For each taxable year to which division (A), (B), or (C) 78
of this section applies to a taxpayer, the provisions of divisions 79
(B)(2) and (3) or (C) of this section, as applicable, apply to the 80
spouse of that taxpayer if the filing status of the spouse and the 81
taxpayer is married filing jointly for that year. 82

       (E) The tax commissioner ~~shall~~may adopt rules necessary to 83
administer this section, including rules establishing the 84
following: 85

       (1) Forms and procedures by which applicants may apply for 86
extensions; 87

       (2) Criteria for eligibility; 88

       (3) A schedule for repayment of deferred taxes. 89

       Sec. 5747.08. An annual return with respect to the tax 90
imposed by section 5747.02 of the Revised Code and each tax 91
imposed under Chapter 5748. of the Revised Code shall be made by 92
every taxpayer for any taxable year for which the taxpayer is 93
liable for the tax imposed by that section or under that chapter, 94
unless the total credits allowed under divisions (E), (F), and (G) 95
of section 5747.05 of the Revised Code for the year are equal to 96
or exceed the tax imposed by section 5747.02 of the Revised Code, 97
in which case no return shall be required unless the taxpayer is 98
liable for a tax imposed pursuant to Chapter 5748. of the Revised 99
Code. 100

       (A) If an individual is deceased, any return or notice 101
required of that individual under this chapter shall be made and 102
filed by that decedent's executor, administrator, or other person 103
charged with the property of that decedent. 104

       (B) If an individual is unable to make a return or notice 105
required by this chapter, the return or notice required of that 106
individual shall be made and filed by the individual's duly 107
authorized agent, guardian, conservator, fiduciary, or other 108
person charged with the care of the person or property of that 109
individual. 110

       (C) Returns or notices required of an estate or a trust shall 111
be made and filed by the fiduciary of the estate or trust. 112

       (D)(1)(a) Except as otherwise provided in division (D)(1)(b) 113
of this section, any pass-through entity may file a single return 114
on behalf of one or more of the entity's investors other than an 115
investor that is a person subject to the tax imposed under section 116
5733.06 of the Revised Code. The single return shall set forth the 117
name, address, and social security number or other identifying 118
number of each of those pass-through entity investors and shall 119
indicate the distributive share of each of those pass-through 120
entity investor's income taxable in this state in accordance with 121
sections 5747.20 to 5747.231 of the Revised Code. Such 122
pass-through entity investors for whom the pass-through entity 123
elects to file a single return are not entitled to the exemption 124
or credit provided for by sections 5747.02 and 5747.022 of the 125
Revised Code; shall calculate the tax before business credits at 126
the highest rate of tax set forth in section 5747.02 of the 127
Revised Code for the taxable year for which the return is filed; 128
and are entitled to only their distributive share of the business 129
credits as defined in division (D)(2) of this section. A single 130
check drawn by the pass-through entity shall accompany the return 131
in full payment of the tax due, as shown on the single return, for 132
such investors, other than investors who are persons subject to 133
the tax imposed under section 5733.06 of the Revised Code. 134

       (b)(i) A pass-through entity shall not include in such a 135
single return any investor that is a trust to the extent that any 136
direct or indirect current, future, or contingent beneficiary of 137
the trust is a person subject to the tax imposed under section 138
5733.06 of the Revised Code. 139

       (ii) A pass-through entity shall not include in such a single 140
return any investor that is itself a pass-through entity to the 141
extent that any direct or indirect investor in the second 142
pass-through entity is a person subject to the tax imposed under 143
section 5733.06 of the Revised Code. 144

       (c) Nothing in division (D) of this section precludes the tax 145
commissioner from requiring such investors to file the return and 146
make the payment of taxes and related interest, penalty, and 147
interest penalty required by this section or section 5747.02, 148
5747.09, or 5747.15 of the Revised Code. Nothing in division (D) 149
of this section shall be construed to provide to such an investor 150
or pass-through entity any additional deduction or credit, other 151
than the credit provided by division (J) of this section, solely 152
on account of the entity's filing a return in accordance with this 153
section. Such a pass-through entity also shall make the filing and 154
payment of estimated taxes on behalf of the pass-through entity 155
investors other than an investor that is a person subject to the 156
tax imposed under section 5733.06 of the Revised Code. 157

       (2) For the purposes of this section, "business credits" 158
means the credits listed in section 5747.98 of the Revised Code 159
excluding the following credits: 160

       (a) The retirement credit under division (B) of section 161
5747.055 of the Revised Code; 162

       (b) The senior citizen credit under division (C) of section 163
5747.05 of the Revised Code; 164

       (c) The lump sum distribution credit under division (D) of 165
section 5747.05 of the Revised Code; 166

       (d) The dependent care credit under section 5747.054 of the 167
Revised Code; 168

       (e) The lump sum retirement income credit under division (C) 169
of section 5747.055 of the Revised Code; 170

       (f) The lump sum retirement income credit under division (D) 171
of section 5747.055 of the Revised Code; 172

       (g) The lump sum retirement income credit under division (E) 173
of section 5747.055 of the Revised Code; 174

       (h) The credit for displaced workers who pay for job training 175
under section 5747.27 of the Revised Code; 176

       (i) The twenty-dollar personal exemption credit under section 177
5747.022 of the Revised Code; 178

       (j) The joint filing credit under division (G) of section 179
5747.05 of the Revised Code; 180

       (k) The nonresident credit under division (A) of section 181
5747.05 of the Revised Code; 182

       (l) The credit for a resident's out-of-state income under 183
division (B) of section 5747.05 of the Revised Code. 184

       (3) The election provided for under division (D) of this 185
section applies only to the taxable year for which the election is 186
made by the pass-through entity. Unless the tax commissioner 187
provides otherwise, this election, once made, is binding and 188
irrevocable for the taxable year for which the election is made. 189
Nothing in this division shall be construed to provide for any 190
deduction or credit that would not be allowable if a nonresident 191
pass-through entity investor were to file an annual return. 192

       (4) If a pass-through entity makes the election provided for 193
under division (D) of this section, the pass-through entity shall 194
be liable for any additional taxes, interest, interest penalty, or 195
penalties imposed by this chapter if the tax commissioner finds 196
that the single return does not reflect the correct tax due by the 197
pass-through entity investors covered by that return. Nothing in 198
this division shall be construed to limit or alter the liability, 199
if any, imposed on pass-through entity investors for unpaid or 200
underpaid taxes, interest, interest penalty, or penalties as a 201
result of the pass-through entity's making the election provided 202
for under division (D) of this section. For the purposes of 203
division (D) of this section, "correct tax due" means the tax that 204
would have been paid by the pass-through entity had the single 205
return been filed in a manner reflecting the tax commissioner's 206
findings. Nothing in division (D) of this section shall be 207
construed to make or hold a pass-through entity liable for tax 208
attributable to a pass-through entity investor's income from a 209
source other than the pass-through entity electing to file the 210
single return. 211

       (E) If a husband and wife file a joint federal income tax 212
return for a taxable year, they shall file a joint return under 213
this section for that taxable year, and their liabilities are 214
joint and several, but, if the federal income tax liability of 215
either spouse is determined on a separate federal income tax 216
return, they shall file separate returns under this section. 217

       If either spouse is not required to file a federal income tax 218
return and either or both are required to file a return pursuant 219
to this chapter, they may elect to file separate or joint returns, 220
and, pursuant to that election, their liabilities are separate or 221
joint and several. If a husband and wife file separate returns 222
pursuant to this chapter, each must claim the taxpayer's own 223
exemption, but not both, as authorized under section 5747.02 of 224
the Revised Code on the taxpayer's own return. 225

       (F) Each return or notice required to be filed under this 226
section shall contain the signature of the taxpayer or the 227
taxpayer's duly authorized agent and of the person who prepared 228
the return for the taxpayer, and shall include the taxpayer's 229
social security number. Each return shall be verified by a 230
declaration under the penalties of perjury. The tax commissioner 231
shall prescribe the form that the signature and declaration shall 232
take. 233

       (G) Each return or notice required to be filed under this 234
section shall be made and filed as required by section 5747.04 of 235
the Revised Code, on or before the fifteenth day of April of each 236
year, on forms that the tax commissioner shall prescribe, together 237
with remittance made payable to the treasurer of state in the 238
combined amount of the state and all school district income taxes 239
shown to be due on the form, unless the combined amount shown to 240
be due is one dollar or less, in which case that amount need not 241
be remitted. 242

       Upon good cause shown, the tax commissioner may extend the 243
period for filing any notice or return required to be filed under 244
this section and may adopt rules relating to extensions. If the 245
extension results in an extension of time for the payment of any 246
state or school district income tax liability with respect to 247
which the return is filed, the taxpayer shall pay at the time the 248
tax liability is paid an amount of interest computed at the rate 249
per annum prescribed by section 5703.47 of the Revised Code on 250
that liability from the time that payment is due without extension 251
to the time of actual payment. Except as provided in section 252
5747.132 of the Revised Code, in addition to all other interest 253
charges and penalties, all taxes imposed under this chapter or 254
Chapter 5748. of the Revised Code and remaining unpaid after they 255
become due, except combined amounts due of one dollar or less, 256
bear interest at the rate per annum prescribed by section 5703.47 257
of the Revised Code until paid or until the day an assessment is 258
issued under section 5747.13 of the Revised Code, whichever occurs 259
first. 260

       If the tax commissioner considers it necessary in order to 261
ensure the payment of the tax imposed by section 5747.02 of the 262
Revised Code or any tax imposed under Chapter 5748. of the Revised 263
Code, the tax commissioner may require returns and payments to be 264
made otherwise than as provided in this section. 265

       To the extent that any provision in this division conflicts 266
with any provision in section 5747.026 of the Revised Code, the 267
provision in that section prevails. 268

       (H) If any report, claim, statement, or other document 269
required to be filed, or any payment required to be made, within a 270
prescribed period or on or before a prescribed date under this 271
chapter is delivered after that period or that date by United 272
States mail to the agency, officer, or office with which the 273
report, claim, statement, or other document is required to be 274
filed, or to which the payment is required to be made, the date of 275
the postmark stamped on the cover in which the report, claim, 276
statement, or other document, or payment is mailed shall be deemed 277
to be the date of delivery or the date of payment. 278

       If a payment is required to be made by electronic funds 279
transfer pursuant to section 5747.072 of the Revised Code, the 280
payment is considered to be made when the payment is received by 281
the treasurer of state or credited to an account designated by the 282
treasurer of state for the receipt of tax payments. 283

       "The date of the postmark" means, in the event there is more 284
than one date on the cover, the earliest date imprinted on the 285
cover by the United States postal service. 286

       (I) The amounts withheld by the employer pursuant to section 287
5747.06 of the Revised Code shall be allowed to the recipient of 288
the compensation as credits against payment of the appropriate 289
taxes imposed on the recipient by section 5747.02 and under 290
Chapter 5748. of the Revised Code. 291

       (J) If, in accordance with division (D) of this section, a 292
pass-through entity elects to file a single return and if any 293
investor is required to file the return and make the payment of 294
taxes required by this chapter on account of the investor's other 295
income that is not included in a single return filed by a 296
pass-through entity, the investor is entitled to a refundable 297
credit equal to the investor's proportionate share of the tax paid 298
by the pass-through entity on behalf of the investor. The investor 299
shall claim the credit for the investor's taxable year in which or 300
with which ends the taxable year of the pass-through entity. 301
Nothing in this chapter shall be construed to allow any credit 302
provided in this chapter to be claimed more than once. For the 303
purposes of computing any interest, penalty, or interest penalty, 304
the investor shall be deemed to have paid the refundable credit 305
provided by this division on the day that the pass-through entity 306
paid the estimated tax or the tax giving rise to the credit. 307

       Section 2. That existing sections 5747.026 and 5747.08 of the 308
Revised Code are hereby repealed. 309

       Section 3. Notwithstanding division (B)(1) of section 5919.34 310
of the Revised Code, the number of participants in the Ohio 311
national guard scholarship program for the summer term occurring 312
in the year 2005 is limited to the equivalent of one thousand 313
full-time participants. 314

       Section 4. Sections 5747.026 and 5747.08 of the Revised Code, 315
as amended by this act, shall apply to all years beginning on and 316
after January 1, 2002. 317

       Section 5. This act is hereby declared to be an emergency 318
measure necessary for the immediate preservation of the public 319
peace, health, and safety. The reason for such necessity lies in 320
the fact that immediate action is necessary to alleviate the 321
income tax filing and payment burdens currently faced by members 322
of the National Guard and reserve components of the United States 323
armed forces who have been called to active duty. Therefore, this 324
act shall go into immediate effect. 325

Section 1. That sections 5747.026 and 5747.08 of the Revised	10
Code be amended to read as follows:	11

Sec. 5747.026. (A) For taxable years beginning on or after	12
January 1, 2002, aeach member of the national guard ~~or a~~and each	13
member of a reserve component of the armed forces of the United	14
States called to active ~~or other~~ duty ~~under operation Iraqi~~	15
~~freedom~~pursuant to an executive order issued by the president of	16
the United States or an act of the congress of the United States	17
may apply to the tax commissioner for both an extension for filing	18
of the return and an extension of time for payment of taxes	19
required under this chapter and under Chapter 5748. of the Revised	20
Code during the period of the member's duty service and for sixty	21
days thereafter. The application shall be filed on or before the	22
sixtieth day after the member's duty terminates. An applicant	23
shall provide such evidence as the tax commissioner considers	24
necessary to demonstrate eligibility for the extension.	25

(B)(1) If the tax commissioner ~~determines~~ascertains that an	26
applicant is qualified for an extension under this section, the	27
tax commissioner shall enter into a contract with the applicant	28
for the payment of the tax in installments that begin on the	29
sixty-first day after the applicant's active duty ~~under operation~~	30
~~Iraqi freedom~~ terminates. Except as provided in division (B)(3) of	31
this section, the tax commissioner may prescribe such contract	32
terms as the tax commissioner considers appropriate. If the amount	33
owed is two thousand four hundred dollars or less, the contract	34
shall be for not longer than twelve months. If the amount owed is	35
more than two thousand four hundred dollars, the contract shall be	36
for not longer than twenty-four months.	37

(2) If the tax commissioner ~~determines~~ascertains that an	38
applicant is qualified for an extension under this section, the	39
applicant shall ~~not~~neither be required to file any return,	40
report, or other tax document nor be required to pay any tax	41
otherwise due under this chapter and Chapter 5748. of the Revised	42
Code before the sixty-first day after the applicant's active duty	43
~~under operation Iraqi freedom~~ terminates.	44

(3) Taxes paid pursuant to a contract entered into under	45
division (B)(1) of this section are not delinquent. The tax	46
commissioner shall not require any payments of penalties, interest	47
penalties, or interest in connection with ~~such~~those taxes for the	48
extension period.	49

(C)(1) ~~Divisions (A) and (B) of this section do not apply to~~	50
~~any taxable year for which a taxpayer receives an extension of~~	51
~~time in which to file a federal income tax return or pay federal~~	52
~~income tax under the Internal Revenue Code~~Nothing in this	53
division denies to any person described in this division the	54
application of divisions (A) and (B) of this section.	55

(2)(a) A qualifying taxpayer who is eligible for an extension	56
under the Internal Revenue Code shall receive both an extension of	57
time in which to file any return, report, or other tax document	58
described in this chapter and an extension of time in which to	59
make any payment of taxes required under this chapter orand	60
Chapter 5748. of the Revised Code. The length of any extension	61
granted under division (C)(2)(a) of this section shall be equal to	62
the length of the corresponding extension that the taxpayer	63
receives under the Internal Revenue Code. As used in this section,	64
"qualifying taxpayer" means a member of the national guard, or a	65
member of the reserve component of the armed forces of the United	66
States, who is called to active duty pursuant to either an	67
executive order issued by the president of the United States or an	68
act of the congress of the United States.	69

(b) Taxes ~~paid~~whose payment is extended in accordance with	70
division (C)(2)(a) of this section are not delinquent during the	71
extension period. The tax commissioner shall not require any	72
payment of penalties, interest penalties, or interest in	73
connection with ~~such~~those taxes for the extension period. The tax	74
commissioner shall not include any period of extension granted	75
under division (C)(2)(a) of this section in calculating the	76
penalty, interest penalty, or interest due on any unpaid tax.	77

(D) For each taxable year to which division (A), (B), or (C)	78
of this section applies to a taxpayer, the provisions of divisions	79
(B)(2) and (3) or (C) of this section, as applicable, apply to the	80
spouse of that taxpayer if the filing status of the spouse and the	81
taxpayer is married filing jointly for that year.	82

(E) The tax commissioner ~~shall~~may adopt rules necessary to	83
administer this section, including rules establishing the	84
following:	85

(1) Forms and procedures by which applicants may apply for	86
extensions;	87

Sec. 5747.08. An annual return with respect to the tax	90
imposed by section 5747.02 of the Revised Code and each tax	91
imposed under Chapter 5748. of the Revised Code shall be made by	92
every taxpayer for any taxable year for which the taxpayer is	93
liable for the tax imposed by that section or under that chapter,	94
unless the total credits allowed under divisions (E), (F), and (G)	95
of section 5747.05 of the Revised Code for the year are equal to	96
or exceed the tax imposed by section 5747.02 of the Revised Code,	97
in which case no return shall be required unless the taxpayer is	98
liable for a tax imposed pursuant to Chapter 5748. of the Revised	99
Code.	100

(A) If an individual is deceased, any return or notice	101
required of that individual under this chapter shall be made and	102
filed by that decedent's executor, administrator, or other person	103
charged with the property of that decedent.	104

(B) If an individual is unable to make a return or notice	105
required by this chapter, the return or notice required of that	106
individual shall be made and filed by the individual's duly	107
authorized agent, guardian, conservator, fiduciary, or other	108
person charged with the care of the person or property of that	109
individual.	110

(C) Returns or notices required of an estate or a trust shall	111
be made and filed by the fiduciary of the estate or trust.	112

(D)(1)(a) Except as otherwise provided in division (D)(1)(b)	113
of this section, any pass-through entity may file a single return	114
on behalf of one or more of the entity's investors other than an	115
investor that is a person subject to the tax imposed under section	116
5733.06 of the Revised Code. The single return shall set forth the	117
name, address, and social security number or other identifying	118
number of each of those pass-through entity investors and shall	119
indicate the distributive share of each of those pass-through	120
entity investor's income taxable in this state in accordance with	121
sections 5747.20 to 5747.231 of the Revised Code. Such	122
pass-through entity investors for whom the pass-through entity	123
elects to file a single return are not entitled to the exemption	124
or credit provided for by sections 5747.02 and 5747.022 of the	125
Revised Code; shall calculate the tax before business credits at	126
the highest rate of tax set forth in section 5747.02 of the	127
Revised Code for the taxable year for which the return is filed;	128
and are entitled to only their distributive share of the business	129
credits as defined in division (D)(2) of this section. A single	130
check drawn by the pass-through entity shall accompany the return	131
in full payment of the tax due, as shown on the single return, for	132
such investors, other than investors who are persons subject to	133
the tax imposed under section 5733.06 of the Revised Code.	134

(b)(i) A pass-through entity shall not include in such a	135
single return any investor that is a trust to the extent that any	136
direct or indirect current, future, or contingent beneficiary of	137
the trust is a person subject to the tax imposed under section	138
5733.06 of the Revised Code.	139

(ii) A pass-through entity shall not include in such a single	140
return any investor that is itself a pass-through entity to the	141
extent that any direct or indirect investor in the second	142
pass-through entity is a person subject to the tax imposed under	143
section 5733.06 of the Revised Code.	144

(c) Nothing in division (D) of this section precludes the tax	145
commissioner from requiring such investors to file the return and	146
make the payment of taxes and related interest, penalty, and	147
interest penalty required by this section or section 5747.02,	148
5747.09, or 5747.15 of the Revised Code. Nothing in division (D)	149
of this section shall be construed to provide to such an investor	150
or pass-through entity any additional deduction or credit, other	151
than the credit provided by division (J) of this section, solely	152
on account of the entity's filing a return in accordance with this	153
section. Such a pass-through entity also shall make the filing and	154
payment of estimated taxes on behalf of the pass-through entity	155
investors other than an investor that is a person subject to the	156
tax imposed under section 5733.06 of the Revised Code.	157

(2) For the purposes of this section, "business credits"	158
means the credits listed in section 5747.98 of the Revised Code	159
excluding the following credits:	160

(a) The retirement credit under division (B) of section	161
5747.055 of the Revised Code;	162

(b) The senior citizen credit under division (C) of section	163
5747.05 of the Revised Code;	164

(c) The lump sum distribution credit under division (D) of	165
section 5747.05 of the Revised Code;	166

(d) The dependent care credit under section 5747.054 of the	167
Revised Code;	168

(e) The lump sum retirement income credit under division (C)	169
of section 5747.055 of the Revised Code;	170

(f) The lump sum retirement income credit under division (D)	171
of section 5747.055 of the Revised Code;	172

(g) The lump sum retirement income credit under division (E)	173
of section 5747.055 of the Revised Code;	174

(h) The credit for displaced workers who pay for job training	175
under section 5747.27 of the Revised Code;	176

(i) The twenty-dollar personal exemption credit under section	177
5747.022 of the Revised Code;	178

(j) The joint filing credit under division (G) of section	179
5747.05 of the Revised Code;	180