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To amend sections 5747.01 and 5747.02 and to enact | 1 |
section 5747.014 of the Revised Code to reduce the | 2 |
income tax rate on capital gains reinvested in | 3 |
Ohio-based investments. | 4 |
Section 1. That sections 5747.01 and 5747.02 be amended and | 5 |
section 5747.014 of the Revised Code be enacted to read as | 6 |
follows: | 7 |
Sec. 5747.01. Except as otherwise expressly provided or | 8 |
clearly appearing from the context, any term used in this chapter | 9 |
that is not otherwise defined in this section has the same meaning | 10 |
as when used in a comparable context in the laws of the United | 11 |
States relating to federal income taxes or if not used in a | 12 |
comparable context in those laws, has the same meaning as in | 13 |
section 5733.40 of the Revised Code. Any reference in this chapter | 14 |
to the Internal Revenue Code includes other laws of the United | 15 |
States relating to federal income taxes. | 16 |
As used in this chapter: | 17 |
(A) "Adjusted gross income" or "Ohio adjusted gross income" | 18 |
means federal adjusted gross income, as defined and used in the | 19 |
Internal Revenue Code, adjusted as provided in this section: | 20 |
(1) Add interest or dividends on obligations or securities of | 21 |
any state or of any political subdivision or authority of any | 22 |
state, other than this state and its subdivisions and authorities. | 23 |
(2) Add interest or dividends on obligations of any | 24 |
authority, commission, instrumentality, territory, or possession | 25 |
of the United States to the extent that the interest or dividends | 26 |
are exempt from federal income taxes but not from state income | 27 |
taxes. | 28 |
(3) Deduct interest or dividends on obligations of the United | 29 |
States and its territories and possessions or of any authority, | 30 |
commission, or instrumentality of the United States to the extent | 31 |
that the interest or dividends are included in federal adjusted | 32 |
gross income but exempt from state income taxes under the laws of | 33 |
the United States. | 34 |
(4) Deduct disability and survivor's benefits to the extent | 35 |
included in federal adjusted gross income. | 36 |
(5) Deduct benefits under Title II of the Social Security Act | 37 |
and tier 1 railroad retirement benefits to the extent included in | 38 |
federal adjusted gross income under section 86 of the Internal | 39 |
Revenue Code. | 40 |
(6) In the case of a taxpayer who is a beneficiary of a trust | 41 |
that makes an accumulation distribution as defined in section 665 | 42 |
of the Internal Revenue Code, add, for the beneficiary's taxable | 43 |
years beginning before 2002, the portion, if any, of such | 44 |
distribution that does not exceed the undistributed net income of | 45 |
the trust for the three taxable years preceding the taxable year | 46 |
in which the distribution is made to the extent that the portion | 47 |
was not included in the trust's taxable income for any of the | 48 |
trust's taxable years beginning in 2002 or thereafter. | 49 |
"Undistributed net income of a trust" means the taxable income of | 50 |
the trust increased by (a)(i) the additions to adjusted gross | 51 |
income required under division (A) of this section and (ii) the | 52 |
personal exemptions allowed to the trust pursuant to section | 53 |
642(b) of the Internal Revenue Code, and decreased by (b)(i) the | 54 |
deductions to adjusted gross income required under division (A) of | 55 |
this section, (ii) the amount of federal income taxes attributable | 56 |
to such income, and (iii) the amount of taxable income that has | 57 |
been included in the adjusted gross income of a beneficiary by | 58 |
reason of a prior accumulation distribution. Any undistributed net | 59 |
income included in the adjusted gross income of a beneficiary | 60 |
shall reduce the undistributed net income of the trust commencing | 61 |
with the earliest years of the accumulation period. | 62 |
(7) Deduct the amount of wages and salaries, if any, not | 63 |
otherwise allowable as a deduction but that would have been | 64 |
allowable as a deduction in computing federal adjusted gross | 65 |
income for the taxable year, had the targeted jobs credit allowed | 66 |
and determined under sections 38, 51, and 52 of the Internal | 67 |
Revenue Code not been in effect. | 68 |
(8) Deduct any interest or interest equivalent on public | 69 |
obligations and purchase obligations to the extent that the | 70 |
interest or interest equivalent is included in federal adjusted | 71 |
gross income. | 72 |
(9) Add any loss or deduct any gain resulting from the sale, | 73 |
exchange, or other disposition of public obligations to the extent | 74 |
that the loss has been deducted or the gain has been included in | 75 |
computing federal adjusted gross income. | 76 |
(10) Deduct or add amounts, as provided under section 5747.70 | 77 |
of the Revised Code, related to contributions to variable college | 78 |
savings program accounts made or tuition units purchased pursuant | 79 |
to Chapter 3334. of the Revised Code. | 80 |
(11)(a) Deduct, to the extent not otherwise allowable as a | 81 |
deduction or exclusion in computing federal or Ohio adjusted gross | 82 |
income for the taxable year, the amount the taxpayer paid during | 83 |
the taxable year for medical care insurance and qualified | 84 |
long-term care insurance for the taxpayer, the taxpayer's spouse, | 85 |
and dependents. No deduction for medical care insurance under | 86 |
division (A)(11) of this section shall be allowed either to any | 87 |
taxpayer who is eligible to participate in any subsidized health | 88 |
plan maintained by any employer of the taxpayer or of the | 89 |
taxpayer's spouse, or to any taxpayer who is entitled to, or on | 90 |
application would be entitled to, benefits under part A of Title | 91 |
XVIII of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. | 92 |
301, as amended. For the purposes of division (A)(11)(a) of this | 93 |
section, "subsidized health plan" means a health plan for which | 94 |
the employer pays any portion of the plan's cost. The deduction | 95 |
allowed under division (A)(11)(a) of this section shall be the net | 96 |
of any related premium refunds, related premium reimbursements, or | 97 |
related insurance premium dividends received during the taxable | 98 |
year. | 99 |
(b) Deduct, to the extent not otherwise deducted or excluded | 100 |
in computing federal or Ohio adjusted gross income during the | 101 |
taxable year, the amount the taxpayer paid during the taxable | 102 |
year, not compensated for by any insurance or otherwise, for | 103 |
medical care of the taxpayer, the taxpayer's spouse, and | 104 |
dependents, to the extent the expenses exceed seven and one-half | 105 |
per cent of the taxpayer's federal adjusted gross income. | 106 |
(c) Deduct, to the extent not otherwise deducted or excluded | 107 |
in computing federal or Ohio adjusted gross income, any amount | 108 |
included in federal adjusted gross income under section 105 or not | 109 |
excluded under section 106 of the Internal Revenue Code solely | 110 |
because it relates to an accident and health plan for a person who | 111 |
otherwise would be a "qualifying relative" and thus a "dependent" | 112 |
under section 152 of the Internal Revenue Code but for the fact | 113 |
that the person fails to meet the income and support limitations | 114 |
under section 152(d)(1)(B) and (C) of the Internal Revenue Code. | 115 |
(d) For purposes of division (A)(11) of this section, | 116 |
"medical care" has the meaning given in section 213 of the | 117 |
Internal Revenue Code, subject to the special rules, limitations, | 118 |
and exclusions set forth therein, and "qualified long-term care" | 119 |
has the same meaning given in section 7702B(c) of the Internal | 120 |
Revenue Code. Solely for purposes of divisions (A)(11)(a) and (c) | 121 |
of this section, "dependent" includes a person who otherwise would | 122 |
be a "qualifying relative" and thus a "dependent" under section | 123 |
152 of the Internal Revenue Code but for the fact that the person | 124 |
fails to meet the income and support limitations under section | 125 |
152(d)(1)(B) and (C) of the Internal Revenue Code. | 126 |
(12)(a) Deduct any amount included in federal adjusted gross | 127 |
income solely because the amount represents a reimbursement or | 128 |
refund of expenses that in any year the taxpayer had deducted as | 129 |
an itemized deduction pursuant to section 63 of the Internal | 130 |
Revenue Code and applicable United States department of the | 131 |
treasury regulations. The deduction otherwise allowed under | 132 |
division (A)(12)(a) of this section shall be reduced to the extent | 133 |
the reimbursement is attributable to an amount the taxpayer | 134 |
deducted under this section in any taxable year. | 135 |
(b) Add any amount not otherwise included in Ohio adjusted | 136 |
gross income for any taxable year to the extent that the amount is | 137 |
attributable to the recovery during the taxable year of any amount | 138 |
deducted or excluded in computing federal or Ohio adjusted gross | 139 |
income in any taxable year. | 140 |
(13) Deduct any portion of the deduction described in section | 141 |
1341(a)(2) of the Internal Revenue Code, for repaying previously | 142 |
reported income received under a claim of right, that meets both | 143 |
of the following requirements: | 144 |
(a) It is allowable for repayment of an item that was | 145 |
included in the taxpayer's adjusted gross income for a prior | 146 |
taxable year and did not qualify for a credit under division (A) | 147 |
or (B) of section 5747.05 of the Revised Code for that year; | 148 |
(b) It does not otherwise reduce the taxpayer's adjusted | 149 |
gross income for the current or any other taxable year. | 150 |
(14) Deduct an amount equal to the deposits made to, and net | 151 |
investment earnings of, a medical savings account during the | 152 |
taxable year, in accordance with section 3924.66 of the Revised | 153 |
Code. The deduction allowed by division (A)(14) of this section | 154 |
does not apply to medical savings account deposits and earnings | 155 |
otherwise deducted or excluded for the current or any other | 156 |
taxable year from the taxpayer's federal adjusted gross income. | 157 |
(15)(a) Add an amount equal to the funds withdrawn from a | 158 |
medical savings account during the taxable year, and the net | 159 |
investment earnings on those funds, when the funds withdrawn were | 160 |
used for any purpose other than to reimburse an account holder | 161 |
for, or to pay, eligible medical expenses, in accordance with | 162 |
section 3924.66 of the Revised Code; | 163 |
(b) Add the amounts distributed from a medical savings | 164 |
account under division (A)(2) of section 3924.68 of the Revised | 165 |
Code during the taxable year. | 166 |
(16) Add any amount claimed as a credit under section | 167 |
5747.059 of the Revised Code to the extent that such amount | 168 |
satisfies either of the following: | 169 |
(a) The amount was deducted or excluded from the computation | 170 |
of the taxpayer's federal adjusted gross income as required to be | 171 |
reported for the taxpayer's taxable year under the Internal | 172 |
Revenue Code; | 173 |
(b) The amount resulted in a reduction of the taxpayer's | 174 |
federal adjusted gross income as required to be reported for any | 175 |
of the taxpayer's taxable years under the Internal Revenue Code. | 176 |
(17) Deduct the amount contributed by the taxpayer to an | 177 |
individual development account program established by a county | 178 |
department of job and family services pursuant to sections 329.11 | 179 |
to 329.14 of the Revised Code for the purpose of matching funds | 180 |
deposited by program participants. On request of the tax | 181 |
commissioner, the taxpayer shall provide any information that, in | 182 |
the tax commissioner's opinion, is necessary to establish the | 183 |
amount deducted under division (A)(17) of this section. | 184 |
(18) Beginning in taxable year 2001 but not for any taxable | 185 |
year beginning after December 31, 2005, if the taxpayer is married | 186 |
and files a joint return and the combined federal adjusted gross | 187 |
income of the taxpayer and the taxpayer's spouse for the taxable | 188 |
year does not exceed one hundred thousand dollars, or if the | 189 |
taxpayer is single and has a federal adjusted gross income for the | 190 |
taxable year not exceeding fifty thousand dollars, deduct amounts | 191 |
paid during the taxable year for qualified tuition and fees paid | 192 |
to an eligible institution for the taxpayer, the taxpayer's | 193 |
spouse, or any dependent of the taxpayer, who is a resident of | 194 |
this state and is enrolled in or attending a program that | 195 |
culminates in a degree or diploma at an eligible institution. The | 196 |
deduction may be claimed only to the extent that qualified tuition | 197 |
and fees are not otherwise deducted or excluded for any taxable | 198 |
year from federal or Ohio adjusted gross income. The deduction may | 199 |
not be claimed for educational expenses for which the taxpayer | 200 |
claims a credit under section 5747.27 of the Revised Code. | 201 |
(19) Add any reimbursement received during the taxable year | 202 |
of any amount the taxpayer deducted under division (A)(18) of this | 203 |
section in any previous taxable year to the extent the amount is | 204 |
not otherwise included in Ohio adjusted gross income. | 205 |
(20)(a)(i) Add five-sixths of the amount of depreciation | 206 |
expense allowed by subsection (k) of section 168 of the Internal | 207 |
Revenue Code, including the taxpayer's proportionate or | 208 |
distributive share of the amount of depreciation expense allowed | 209 |
by that subsection to a pass-through entity in which the taxpayer | 210 |
has a direct or indirect ownership interest. | 211 |
(ii) Add five-sixths of the amount of qualifying section 179 | 212 |
depreciation expense, including a person's proportionate or | 213 |
distributive share of the amount of qualifying section 179 | 214 |
depreciation expense allowed to any pass-through entity in which | 215 |
the person has a direct or indirect ownership. For the purposes of | 216 |
this division, "qualifying section 179 depreciation expense" means | 217 |
the difference between (I) the amount of depreciation expense | 218 |
directly or indirectly allowed to the taxpayer under section 179 | 219 |
of the Internal Revenue Code, and (II) the amount of depreciation | 220 |
expense directly or indirectly allowed to the taxpayer under | 221 |
section 179 of the Internal Revenue Code as that section existed | 222 |
on December 31, 2002. | 223 |
The tax commissioner, under procedures established by the | 224 |
commissioner, may waive the add-backs related to a pass-through | 225 |
entity if the taxpayer owns, directly or indirectly, less than | 226 |
five per cent of the pass-through entity. | 227 |
(b) Nothing in division (A)(20) of this section shall be | 228 |
construed to adjust or modify the adjusted basis of any asset. | 229 |
(c) To the extent the add-back required under division | 230 |
(A)(20)(a) of this section is attributable to property generating | 231 |
nonbusiness income or loss allocated under section 5747.20 of the | 232 |
Revised Code, the add-back shall be sitused to the same location | 233 |
as the nonbusiness income or loss generated by the property for | 234 |
the purpose of determining the credit under division (A) of | 235 |
section 5747.05 of the Revised Code. Otherwise, the add-back shall | 236 |
be apportioned, subject to one or more of the four alternative | 237 |
methods of apportionment enumerated in section 5747.21 of the | 238 |
Revised Code. | 239 |
(d) For the purposes of division (A) of this section, net | 240 |
operating loss carryback and carryforward shall not include | 241 |
five-sixths of the allowance of any net operating loss deduction | 242 |
carryback or carryforward to the taxable year to the extent such | 243 |
loss resulted from depreciation allowed by section 168(k) of the | 244 |
Internal Revenue Code and by the qualifying section 179 | 245 |
depreciation expense amount. | 246 |
(21)(a) If the taxpayer was required to add an amount under | 247 |
division (A)(20)(a) of this section for a taxable year, deduct | 248 |
one-fifth of the amount so added for each of the five succeeding | 249 |
taxable years. | 250 |
(b) If the amount deducted under division (A)(21)(a) of this | 251 |
section is attributable to an add-back allocated under division | 252 |
(A)(20)(c) of this section, the amount deducted shall be sitused | 253 |
to the same location. Otherwise, the add-back shall be apportioned | 254 |
using the apportionment factors for the taxable year in which the | 255 |
deduction is taken, subject to one or more of the four alternative | 256 |
methods of apportionment enumerated in section 5747.21 of the | 257 |
Revised Code. | 258 |
(c) No deduction is available under division (A)(21)(a) of | 259 |
this section with regard to any depreciation allowed by section | 260 |
168(k) of the Internal Revenue Code and by the qualifying section | 261 |
179 depreciation expense amount to the extent that such | 262 |
depreciation resulted in or increased a federal net operating loss | 263 |
carryback or carryforward to a taxable year to which division | 264 |
(A)(20)(d) of this section does not apply. | 265 |
(22) Deduct, to the extent not otherwise deducted or excluded | 266 |
in computing federal or Ohio adjusted gross income for the taxable | 267 |
year, the amount the taxpayer received during the taxable year as | 268 |
reimbursement for life insurance premiums under section 5919.31 of | 269 |
the Revised Code. | 270 |
(23) Deduct, to the extent not otherwise deducted or excluded | 271 |
in computing federal or Ohio adjusted gross income for the taxable | 272 |
year, the amount the taxpayer received during the taxable year as | 273 |
a death benefit paid by the adjutant general under section 5919.33 | 274 |
of the Revised Code. | 275 |
(24) Deduct, to the extent included in federal adjusted gross | 276 |
income and not otherwise allowable as a deduction or exclusion in | 277 |
computing federal or Ohio adjusted gross income for the taxable | 278 |
year, military pay and allowances received by the taxpayer during | 279 |
the taxable year for active duty service in the United States | 280 |
army, air force, navy, marine corps, or coast guard or reserve | 281 |
components thereof or the national guard. The deduction may not be | 282 |
claimed for military pay and allowances received by the taxpayer | 283 |
while the taxpayer is stationed in this state. | 284 |
(25) Deduct, to the extent not otherwise allowable as a | 285 |
deduction or exclusion in computing federal or Ohio adjusted gross | 286 |
income for the taxable year and not otherwise compensated for by | 287 |
any other source, the amount of qualified organ donation expenses | 288 |
incurred by the taxpayer during the taxable year, not to exceed | 289 |
ten thousand dollars. A taxpayer may deduct qualified organ | 290 |
donation expenses only once for all taxable years beginning with | 291 |
taxable years beginning in 2007. | 292 |
For the purposes of division (A)(25) of this section: | 293 |
(a) "Human organ" means all or any portion of a human liver, | 294 |
pancreas, kidney, intestine, or lung, and any portion of human | 295 |
bone marrow. | 296 |
(b) "Qualified organ donation expenses" means travel | 297 |
expenses, lodging expenses, and wages and salary forgone by a | 298 |
taxpayer in connection with the taxpayer's donation, while living, | 299 |
of one or more of the taxpayer's human organs to another human | 300 |
being. | 301 |
(26) Deduct, to the extent not otherwise deducted or excluded | 302 |
in computing federal or Ohio adjusted gross income for the taxable | 303 |
year, amounts received by the taxpayer as retired military | 304 |
personnel pay for service in the United States army, navy, air | 305 |
force, coast guard, or marine corps or reserve components thereof, | 306 |
or the national guard, or received by the surviving spouse or | 307 |
former spouse of such a taxpayer under the survivor benefit plan | 308 |
on account of such a taxpayer's death. If the taxpayer receives | 309 |
income on account of retirement paid under the federal civil | 310 |
service retirement system or federal employees retirement system, | 311 |
or under any successor retirement program enacted by the congress | 312 |
of the United States that is established and maintained for | 313 |
retired employees of the United States government, and such | 314 |
retirement income is based, in whole or in part, on credit for the | 315 |
taxpayer's military service, the deduction allowed under this | 316 |
division shall include only that portion of such retirement income | 317 |
that is attributable to the taxpayer's military service, to the | 318 |
extent that portion of such retirement income is otherwise | 319 |
included in federal adjusted gross income and is not otherwise | 320 |
deducted under this section. Any amount deducted under division | 321 |
(A)(26) of this section is not included in a taxpayer's adjusted | 322 |
gross income for the purposes of section 5747.055 of the Revised | 323 |
Code. No amount may be deducted under division (A)(26) of this | 324 |
section on the basis of which a credit was claimed under section | 325 |
5747.055 of the Revised Code. | 326 |
(27) Deduct, to the extent not otherwise deducted or excluded | 327 |
in computing federal or Ohio adjusted gross income for the taxable | 328 |
year, the amount the taxpayer received during the taxable year | 329 |
from the military injury relief fund created in section 5101.98 of | 330 |
the Revised Code. | 331 |
(28) Deduct, to the extent not otherwise deducted or excluded | 332 |
in computing federal or Ohio adjusted gross income for the taxable | 333 |
year, the amount the taxpayer received as a veterans bonus during | 334 |
the taxable year from the Ohio department of veterans services as | 335 |
authorized by Section 2r of Article VIII, Ohio Constitution. | 336 |
(29) Deduct or add amounts, as provided in division (B) of | 337 |
section 5747.014 of the Revised Code, related to Ohio-based | 338 |
reinvestments. | 339 |
(B) "Business income" means income, including gain or loss, | 340 |
arising from transactions, activities, and sources in the regular | 341 |
course of a trade or business and includes income, gain, or loss | 342 |
from real property, tangible property, and intangible property if | 343 |
the acquisition, rental, management, and disposition of the | 344 |
property constitute integral parts of the regular course of a | 345 |
trade or business operation. "Business income" includes income, | 346 |
including gain or loss, from a partial or complete liquidation of | 347 |
a business, including, but not limited to, gain or loss from the | 348 |
sale or other disposition of goodwill. | 349 |
(C) "Nonbusiness income" means all income other than business | 350 |
income and may include, but is not limited to, compensation, rents | 351 |
and royalties from real or tangible personal property, capital | 352 |
gains, interest, dividends and distributions, patent or copyright | 353 |
royalties, or lottery winnings, prizes, and awards. | 354 |
(D) "Compensation" means any form of remuneration paid to an | 355 |
employee for personal services. | 356 |
(E) "Fiduciary" means a guardian, trustee, executor, | 357 |
administrator, receiver, conservator, or any other person acting | 358 |
in any fiduciary capacity for any individual, trust, or estate. | 359 |
(F) "Fiscal year" means an accounting period of twelve months | 360 |
ending on the last day of any month other than December. | 361 |
(G) "Individual" means any natural person. | 362 |
(H) "Internal Revenue Code" means the "Internal Revenue Code | 363 |
of 1986," 100 Stat. 2085, 26 U.S.C.A. 1, as amended. | 364 |
(I) "Resident" means any of the following, provided that | 365 |
division (I)(3) of this section applies only to taxable years of a | 366 |
trust beginning in 2002 or thereafter: | 367 |
(1) An individual who is domiciled in this state, subject to | 368 |
section 5747.24 of the Revised Code; | 369 |
(2) The estate of a decedent who at the time of death was | 370 |
domiciled in this state. The domicile tests of section 5747.24 of | 371 |
the Revised Code are not controlling for purposes of division | 372 |
(I)(2) of this section. | 373 |
(3) A trust that, in whole or part, resides in this state. If | 374 |
only part of a trust resides in this state, the trust is a | 375 |
resident only with respect to that part. | 376 |
For the purposes of division (I)(3) of this section: | 377 |
(a) A trust resides in this state for the trust's current | 378 |
taxable year to the extent, as described in division (I)(3)(d) of | 379 |
this section, that the trust consists directly or indirectly, in | 380 |
whole or in part, of assets, net of any related liabilities, that | 381 |
were transferred, or caused to be transferred, directly or | 382 |
indirectly, to the trust by any of the following: | 383 |
(i) A person, a court, or a governmental entity or | 384 |
instrumentality on account of the death of a decedent, but only if | 385 |
the trust is described in division (I)(3)(e)(i) or (ii) of this | 386 |
section; | 387 |
(ii) A person who was domiciled in this state for the | 388 |
purposes of this chapter when the person directly or indirectly | 389 |
transferred assets to an irrevocable trust, but only if at least | 390 |
one of the trust's qualifying beneficiaries is domiciled in this | 391 |
state for the purposes of this chapter during all or some portion | 392 |
of the trust's current taxable year; | 393 |
(iii) A person who was domiciled in this state for the | 394 |
purposes of this chapter when the trust document or instrument or | 395 |
part of the trust document or instrument became irrevocable, but | 396 |
only if at least one of the trust's qualifying beneficiaries is a | 397 |
resident domiciled in this state for the purposes of this chapter | 398 |
during all or some portion of the trust's current taxable year. If | 399 |
a trust document or instrument became irrevocable upon the death | 400 |
of a person who at the time of death was domiciled in this state | 401 |
for purposes of this chapter, that person is a person described in | 402 |
division (I)(3)(a)(iii) of this section. | 403 |
(b) A trust is irrevocable to the extent that the transferor | 404 |
is not considered to be the owner of the net assets of the trust | 405 |
under sections 671 to 678 of the Internal Revenue Code. | 406 |
(c) With respect to a trust other than a charitable lead | 407 |
trust, "qualifying beneficiary" has the same meaning as "potential | 408 |
current beneficiary" as defined in section 1361(e)(2) of the | 409 |
Internal Revenue Code, and with respect to a charitable lead trust | 410 |
"qualifying beneficiary" is any current, future, or contingent | 411 |
beneficiary, but with respect to any trust "qualifying | 412 |
beneficiary" excludes a person or a governmental entity or | 413 |
instrumentality to any of which a contribution would qualify for | 414 |
the charitable deduction under section 170 of the Internal Revenue | 415 |
Code. | 416 |
(d) For the purposes of division (I)(3)(a) of this section, | 417 |
the extent to which a trust consists directly or indirectly, in | 418 |
whole or in part, of assets, net of any related liabilities, that | 419 |
were transferred directly or indirectly, in whole or part, to the | 420 |
trust by any of the sources enumerated in that division shall be | 421 |
ascertained by multiplying the fair market value of the trust's | 422 |
assets, net of related liabilities, by the qualifying ratio, which | 423 |
shall be computed as follows: | 424 |
(i) The first time the trust receives assets, the numerator | 425 |
of the qualifying ratio is the fair market value of those assets | 426 |
at that time, net of any related liabilities, from sources | 427 |
enumerated in division (I)(3)(a) of this section. The denominator | 428 |
of the qualifying ratio is the fair market value of all the | 429 |
trust's assets at that time, net of any related liabilities. | 430 |
(ii) Each subsequent time the trust receives assets, a | 431 |
revised qualifying ratio shall be computed. The numerator of the | 432 |
revised qualifying ratio is the sum of (1) the fair market value | 433 |
of the trust's assets immediately prior to the subsequent | 434 |
transfer, net of any related liabilities, multiplied by the | 435 |
qualifying ratio last computed without regard to the subsequent | 436 |
transfer, and (2) the fair market value of the subsequently | 437 |
transferred assets at the time transferred, net of any related | 438 |
liabilities, from sources enumerated in division (I)(3)(a) of this | 439 |
section. The denominator of the revised qualifying ratio is the | 440 |
fair market value of all the trust's assets immediately after the | 441 |
subsequent transfer, net of any related liabilities. | 442 |
(iii) Whether a transfer to the trust is by or from any of | 443 |
the sources enumerated in division (I)(3)(a) of this section shall | 444 |
be ascertained without regard to the domicile of the trust's | 445 |
beneficiaries. | 446 |
(e) For the purposes of division (I)(3)(a)(i) of this | 447 |
section: | 448 |
(i) A trust is described in division (I)(3)(e)(i) of this | 449 |
section if the trust is a testamentary trust and the testator of | 450 |
that testamentary trust was domiciled in this state at the time of | 451 |
the testator's death for purposes of the taxes levied under | 452 |
Chapter 5731. of the Revised Code. | 453 |
(ii) A trust is described in division (I)(3)(e)(ii) of this | 454 |
section if the transfer is a qualifying transfer described in any | 455 |
of divisions (I)(3)(f)(i) to (vi) of this section, the trust is an | 456 |
irrevocable inter vivos trust, and at least one of the trust's | 457 |
qualifying beneficiaries is domiciled in this state for purposes | 458 |
of this chapter during all or some portion of the trust's current | 459 |
taxable year. | 460 |
(f) For the purposes of division (I)(3)(e)(ii) of this | 461 |
section, a "qualifying transfer" is a transfer of assets, net of | 462 |
any related liabilities, directly or indirectly to a trust, if the | 463 |
transfer is described in any of the following: | 464 |
(i) The transfer is made to a trust, created by the decedent | 465 |
before the decedent's death and while the decedent was domiciled | 466 |
in this state for the purposes of this chapter, and, prior to the | 467 |
death of the decedent, the trust became irrevocable while the | 468 |
decedent was domiciled in this state for the purposes of this | 469 |
chapter. | 470 |
(ii) The transfer is made to a trust to which the decedent, | 471 |
prior to the decedent's death, had directly or indirectly | 472 |
transferred assets, net of any related liabilities, while the | 473 |
decedent was domiciled in this state for the purposes of this | 474 |
chapter, and prior to the death of the decedent the trust became | 475 |
irrevocable while the decedent was domiciled in this state for the | 476 |
purposes of this chapter. | 477 |
(iii) The transfer is made on account of a contractual | 478 |
relationship existing directly or indirectly between the | 479 |
transferor and either the decedent or the estate of the decedent | 480 |
at any time prior to the date of the decedent's death, and the | 481 |
decedent was domiciled in this state at the time of death for | 482 |
purposes of the taxes levied under Chapter 5731. of the Revised | 483 |
Code. | 484 |
(iv) The transfer is made to a trust on account of a | 485 |
contractual relationship existing directly or indirectly between | 486 |
the transferor and another person who at the time of the | 487 |
decedent's death was domiciled in this state for purposes of this | 488 |
chapter. | 489 |
(v) The transfer is made to a trust on account of the will of | 490 |
a testator who was domiciled in this state at the time of the | 491 |
testator's death for purposes of the taxes levied under Chapter | 492 |
5731. of the Revised Code. | 493 |
(vi) The transfer is made to a trust created by or caused to | 494 |
be created by a court, and the trust was directly or indirectly | 495 |
created in connection with or as a result of the death of an | 496 |
individual who, for purposes of the taxes levied under Chapter | 497 |
5731. of the Revised Code, was domiciled in this state at the time | 498 |
of the individual's death. | 499 |
(g) The tax commissioner may adopt rules to ascertain the | 500 |
part of a trust residing in this state. | 501 |
(J) "Nonresident" means an individual or estate that is not a | 502 |
resident. An individual who is a resident for only part of a | 503 |
taxable year is a nonresident for the remainder of that taxable | 504 |
year. | 505 |
(K) "Pass-through entity" has the same meaning as in section | 506 |
5733.04 of the Revised Code. | 507 |
(L) "Return" means the notifications and reports required to | 508 |
be filed pursuant to this chapter for the purpose of reporting the | 509 |
tax due and includes declarations of estimated tax when so | 510 |
required. | 511 |
(M) "Taxable year" means the calendar year or the taxpayer's | 512 |
fiscal year ending during the calendar year, or fractional part | 513 |
thereof, upon which the adjusted gross income is calculated | 514 |
pursuant to this chapter. | 515 |
(N) "Taxpayer" means any person subject to the tax imposed by | 516 |
section 5747.02 of the Revised Code or any pass-through entity | 517 |
that makes the election under division (D) of section 5747.08 of | 518 |
the Revised Code. | 519 |
(O) "Dependents" means dependents as defined in the Internal | 520 |
Revenue Code and as claimed in the taxpayer's federal income tax | 521 |
return for the taxable year or which the taxpayer would have been | 522 |
permitted to claim had the taxpayer filed a federal income tax | 523 |
return. | 524 |
(P) "Principal county of employment" means, in the case of a | 525 |
nonresident, the county within the state in which a taxpayer | 526 |
performs services for an employer or, if those services are | 527 |
performed in more than one county, the county in which the major | 528 |
portion of the services are performed. | 529 |
(Q) As used in sections 5747.50 to 5747.55 of the Revised | 530 |
Code: | 531 |
(1) "Subdivision" means any county, municipal corporation, | 532 |
park district, or township. | 533 |
(2) "Essential local government purposes" includes all | 534 |
functions that any subdivision is required by general law to | 535 |
exercise, including like functions that are exercised under a | 536 |
charter adopted pursuant to the Ohio Constitution. | 537 |
(R) "Overpayment" means any amount already paid that exceeds | 538 |
the figure determined to be the correct amount of the tax. | 539 |
(S) "Taxable income" or "Ohio taxable income" applies only to | 540 |
estates and trusts, and means federal taxable income, as defined | 541 |
and used in the Internal Revenue Code, adjusted as follows: | 542 |
(1) Add interest or dividends, net of ordinary, necessary, | 543 |
and reasonable expenses not deducted in computing federal taxable | 544 |
income, on obligations or securities of any state or of any | 545 |
political subdivision or authority of any state, other than this | 546 |
state and its subdivisions and authorities, but only to the extent | 547 |
that such net amount is not otherwise includible in Ohio taxable | 548 |
income and is described in either division (S)(1)(a) or (b) of | 549 |
this section: | 550 |
(a) The net amount is not attributable to the S portion of an | 551 |
electing small business trust and has not been distributed to | 552 |
beneficiaries for the taxable year; | 553 |
(b) The net amount is attributable to the S portion of an | 554 |
electing small business trust for the taxable year. | 555 |
(2) Add interest or dividends, net of ordinary, necessary, | 556 |
and reasonable expenses not deducted in computing federal taxable | 557 |
income, on obligations of any authority, commission, | 558 |
instrumentality, territory, or possession of the United States to | 559 |
the extent that the interest or dividends are exempt from federal | 560 |
income taxes but not from state income taxes, but only to the | 561 |
extent that such net amount is not otherwise includible in Ohio | 562 |
taxable income and is described in either division (S)(1)(a) or | 563 |
(b) of this section; | 564 |
(3) Add the amount of personal exemption allowed to the | 565 |
estate pursuant to section 642(b) of the Internal Revenue Code; | 566 |
(4) Deduct interest or dividends, net of related expenses | 567 |
deducted in computing federal taxable income, on obligations of | 568 |
the United States and its territories and possessions or of any | 569 |
authority, commission, or instrumentality of the United States to | 570 |
the extent that the interest or dividends are exempt from state | 571 |
taxes under the laws of the United States, but only to the extent | 572 |
that such amount is included in federal taxable income and is | 573 |
described in either division (S)(1)(a) or (b) of this section; | 574 |
(5) Deduct the amount of wages and salaries, if any, not | 575 |
otherwise allowable as a deduction but that would have been | 576 |
allowable as a deduction in computing federal taxable income for | 577 |
the taxable year, had the targeted jobs credit allowed under | 578 |
sections 38, 51, and 52 of the Internal Revenue Code not been in | 579 |
effect, but only to the extent such amount relates either to | 580 |
income included in federal taxable income for the taxable year or | 581 |
to income of the S portion of an electing small business trust for | 582 |
the taxable year; | 583 |
(6) Deduct any interest or interest equivalent, net of | 584 |
related expenses deducted in computing federal taxable income, on | 585 |
public obligations and purchase obligations, but only to the | 586 |
extent that such net amount relates either to income included in | 587 |
federal taxable income for the taxable year or to income of the S | 588 |
portion of an electing small business trust for the taxable year; | 589 |
(7) Add any loss or deduct any gain resulting from sale, | 590 |
exchange, or other disposition of public obligations to the extent | 591 |
that such loss has been deducted or such gain has been included in | 592 |
computing either federal taxable income or income of the S portion | 593 |
of an electing small business trust for the taxable year; | 594 |
(8) Except in the case of the final return of an estate, add | 595 |
any amount deducted by the taxpayer on both its Ohio estate tax | 596 |
return pursuant to section 5731.14 of the Revised Code, and on its | 597 |
federal income tax return in determining federal taxable income; | 598 |
(9)(a) Deduct any amount included in federal taxable income | 599 |
solely because the amount represents a reimbursement or refund of | 600 |
expenses that in a previous year the decedent had deducted as an | 601 |
itemized deduction pursuant to section 63 of the Internal Revenue | 602 |
Code and applicable treasury regulations. The deduction otherwise | 603 |
allowed under division (S)(9)(a) of this section shall be reduced | 604 |
to the extent the reimbursement is attributable to an amount the | 605 |
taxpayer or decedent deducted under this section in any taxable | 606 |
year. | 607 |
(b) Add any amount not otherwise included in Ohio taxable | 608 |
income for any taxable year to the extent that the amount is | 609 |
attributable to the recovery during the taxable year of any amount | 610 |
deducted or excluded in computing federal or Ohio taxable income | 611 |
in any taxable year, but only to the extent such amount has not | 612 |
been distributed to beneficiaries for the taxable year. | 613 |
(10) Deduct any portion of the deduction described in section | 614 |
1341(a)(2) of the Internal Revenue Code, for repaying previously | 615 |
reported income received under a claim of right, that meets both | 616 |
of the following requirements: | 617 |
(a) It is allowable for repayment of an item that was | 618 |
included in the taxpayer's taxable income or the decedent's | 619 |
adjusted gross income for a prior taxable year and did not qualify | 620 |
for a credit under division (A) or (B) of section 5747.05 of the | 621 |
Revised Code for that year. | 622 |
(b) It does not otherwise reduce the taxpayer's taxable | 623 |
income or the decedent's adjusted gross income for the current or | 624 |
any other taxable year. | 625 |
(11) Add any amount claimed as a credit under section | 626 |
5747.059 of the Revised Code to the extent that the amount | 627 |
satisfies either of the following: | 628 |
(a) The amount was deducted or excluded from the computation | 629 |
of the taxpayer's federal taxable income as required to be | 630 |
reported for the taxpayer's taxable year under the Internal | 631 |
Revenue Code; | 632 |
(b) The amount resulted in a reduction in the taxpayer's | 633 |
federal taxable income as required to be reported for any of the | 634 |
taxpayer's taxable years under the Internal Revenue Code. | 635 |
(12) Deduct any amount, net of related expenses deducted in | 636 |
computing federal taxable income, that a trust is required to | 637 |
report as farm income on its federal income tax return, but only | 638 |
if the assets of the trust include at least ten acres of land | 639 |
satisfying the definition of "land devoted exclusively to | 640 |
agricultural use" under section 5713.30 of the Revised Code, | 641 |
regardless of whether the land is valued for tax purposes as such | 642 |
land under sections 5713.30 to 5713.38 of the Revised Code. If the | 643 |
trust is a pass-through entity investor, section 5747.231 of the | 644 |
Revised Code applies in ascertaining if the trust is eligible to | 645 |
claim the deduction provided by division (S)(12) of this section | 646 |
in connection with the pass-through entity's farm income. | 647 |
Except for farm income attributable to the S portion of an | 648 |
electing small business trust, the deduction provided by division | 649 |
(S)(12) of this section is allowed only to the extent that the | 650 |
trust has not distributed such farm income. Division (S)(12) of | 651 |
this section applies only to taxable years of a trust beginning in | 652 |
2002 or thereafter. | 653 |
(13) Add the net amount of income described in section 641(c) | 654 |
of the Internal Revenue Code to the extent that amount is not | 655 |
included in federal taxable income. | 656 |
(14) Add or deduct the amount the taxpayer would be required | 657 |
to add or deduct under division (A)(20) or (21) of this section if | 658 |
the taxpayer's Ohio taxable income were computed in the same | 659 |
manner as an individual's Ohio adjusted gross income is computed | 660 |
under this section. In the case of a trust, division (S)(14) of | 661 |
this section applies only to any of the trust's taxable years | 662 |
beginning in 2002 or thereafter. | 663 |
(T) "School district income" and "school district income tax" | 664 |
have the same meanings as in section 5748.01 of the Revised Code. | 665 |
(U) As used in divisions (A)(8), (A)(9), (S)(6), and (S)(7) | 666 |
of this section, "public obligations," "purchase obligations," and | 667 |
"interest or interest equivalent" have the same meanings as in | 668 |
section 5709.76 of the Revised Code. | 669 |
(V) "Limited liability company" means any limited liability | 670 |
company formed under Chapter 1705. of the Revised Code or under | 671 |
the laws of any other state. | 672 |
(W) "Pass-through entity investor" means any person who, | 673 |
during any portion of a taxable year of a pass-through entity, is | 674 |
a partner, member, shareholder, or equity investor in that | 675 |
pass-through entity. | 676 |
(X) "Banking day" has the same meaning as in section 1304.01 | 677 |
of the Revised Code. | 678 |
(Y) "Month" means a calendar month. | 679 |
(Z) "Quarter" means the first three months, the second three | 680 |
months, the third three months, or the last three months of the | 681 |
taxpayer's taxable year. | 682 |
(AA)(1) "Eligible institution" means a state university or | 683 |
state institution of higher education as defined in section | 684 |
3345.011 of the Revised Code, or a private, nonprofit college, | 685 |
university, or other post-secondary institution located in this | 686 |
state that possesses a certificate of authorization issued by the | 687 |
Ohio board of regents pursuant to Chapter 1713. of the Revised | 688 |
Code or a certificate of registration issued by the state board of | 689 |
career colleges and schools under Chapter 3332. of the Revised | 690 |
Code. | 691 |
(2) "Qualified tuition and fees" means tuition and fees | 692 |
imposed by an eligible institution as a condition of enrollment or | 693 |
attendance, not exceeding two thousand five hundred dollars in | 694 |
each of the individual's first two years of post-secondary | 695 |
education. If the individual is a part-time student, "qualified | 696 |
tuition and fees" includes tuition and fees paid for the academic | 697 |
equivalent of the first two years of post-secondary education | 698 |
during a maximum of five taxable years, not exceeding a total of | 699 |
five thousand dollars. "Qualified tuition and fees" does not | 700 |
include: | 701 |
(a) Expenses for any course or activity involving sports, | 702 |
games, or hobbies unless the course or activity is part of the | 703 |
individual's degree or diploma program; | 704 |
(b) The cost of books, room and board, student activity fees, | 705 |
athletic fees, insurance expenses, or other expenses unrelated to | 706 |
the individual's academic course of instruction; | 707 |
(c) Tuition, fees, or other expenses paid or reimbursed | 708 |
through an employer, scholarship, grant in aid, or other | 709 |
educational benefit program. | 710 |
(BB)(1) "Modified business income" means the business income | 711 |
included in a trust's Ohio taxable income after such taxable | 712 |
income is first reduced by the qualifying trust amount, if any. | 713 |
(2) "Qualifying trust amount" of a trust means capital gains | 714 |
and losses from the sale, exchange, or other disposition of equity | 715 |
or ownership interests in, or debt obligations of, a qualifying | 716 |
investee to the extent included in the trust's Ohio taxable | 717 |
income, but only if the following requirements are satisfied: | 718 |
(a) The book value of the qualifying investee's physical | 719 |
assets in this state and everywhere, as of the last day of the | 720 |
qualifying investee's fiscal or calendar year ending immediately | 721 |
prior to the date on which the trust recognizes the gain or loss, | 722 |
is available to the trust. | 723 |
(b) The requirements of section 5747.011 of the Revised Code | 724 |
are satisfied for the trust's taxable year in which the trust | 725 |
recognizes the gain or loss. | 726 |
Any gain or loss that is not a qualifying trust amount is | 727 |
modified business income, qualifying investment income, or | 728 |
modified nonbusiness income, as the case may be. | 729 |
(3) "Modified nonbusiness income" means a trust's Ohio | 730 |
taxable income other than modified business income, other than the | 731 |
qualifying trust amount, and other than qualifying investment | 732 |
income, as defined in section 5747.012 of the Revised Code, to the | 733 |
extent such qualifying investment income is not otherwise part of | 734 |
modified business income. | 735 |
(4) "Modified Ohio taxable income" applies only to trusts, | 736 |
and means the sum of the amounts described in divisions (BB)(4)(a) | 737 |
to (c) of this section: | 738 |
(a) The fraction, calculated under section 5747.013, and | 739 |
applying section 5747.231 of the Revised Code, multiplied by the | 740 |
sum of the following amounts: | 741 |
(i) The trust's modified business income; | 742 |
(ii) The trust's qualifying investment income, as defined in | 743 |
section 5747.012 of the Revised Code, but only to the extent the | 744 |
qualifying investment income does not otherwise constitute | 745 |
modified business income and does not otherwise constitute a | 746 |
qualifying trust amount. | 747 |
(b) The qualifying trust amount multiplied by a fraction, the | 748 |
numerator of which is the sum of the book value of the qualifying | 749 |
investee's physical assets in this state on the last day of the | 750 |
qualifying investee's fiscal or calendar year ending immediately | 751 |
prior to the day on which the trust recognizes the qualifying | 752 |
trust amount, and the denominator of which is the sum of the book | 753 |
value of the qualifying investee's total physical assets | 754 |
everywhere on the last day of the qualifying investee's fiscal or | 755 |
calendar year ending immediately prior to the day on which the | 756 |
trust recognizes the qualifying trust amount. If, for a taxable | 757 |
year, the trust recognizes a qualifying trust amount with respect | 758 |
to more than one qualifying investee, the amount described in | 759 |
division (BB)(4)(b) of this section shall equal the sum of the | 760 |
products so computed for each such qualifying investee. | 761 |
(c)(i) With respect to a trust or portion of a trust that is | 762 |
a resident as ascertained in accordance with division (I)(3)(d) of | 763 |
this section, its modified nonbusiness income. | 764 |
(ii) With respect to a trust or portion of a trust that is | 765 |
not a resident as ascertained in accordance with division | 766 |
(I)(3)(d) of this section, the amount of its modified nonbusiness | 767 |
income satisfying the descriptions in divisions (B)(2) to (5) of | 768 |
section 5747.20 of the Revised Code, except as otherwise provided | 769 |
in division (BB)(4)(c)(ii) of this section. With respect to a | 770 |
trust or portion of a trust that is not a resident as ascertained | 771 |
in accordance with division (I)(3)(d) of this section, the trust's | 772 |
portion of modified nonbusiness income recognized from the sale, | 773 |
exchange, or other disposition of a debt interest in or equity | 774 |
interest in a section 5747.212 entity, as defined in section | 775 |
5747.212 of the Revised Code, without regard to division (A) of | 776 |
that section, shall not be allocated to this state in accordance | 777 |
with section 5747.20 of the Revised Code but shall be apportioned | 778 |
to this state in accordance with division (B) of section 5747.212 | 779 |
of the Revised Code without regard to division (A) of that | 780 |
section. | 781 |
If the allocation and apportionment of a trust's income under | 782 |
divisions (BB)(4)(a) and (c) of this section do not fairly | 783 |
represent the modified Ohio taxable income of the trust in this | 784 |
state, the alternative methods described in division (C) of | 785 |
section 5747.21 of the Revised Code may be applied in the manner | 786 |
and to the same extent provided in that section. | 787 |
(5)(a) Except as set forth in division (BB)(5)(b) of this | 788 |
section, "qualifying investee" means a person in which a trust has | 789 |
an equity or ownership interest, or a person or unit of government | 790 |
the debt obligations of either of which are owned by a trust. For | 791 |
the purposes of division (BB)(2)(a) of this section and for the | 792 |
purpose of computing the fraction described in division (BB)(4)(b) | 793 |
of this section, all of the following apply: | 794 |
(i) If the qualifying investee is a member of a qualifying | 795 |
controlled group on the last day of the qualifying investee's | 796 |
fiscal or calendar year ending immediately prior to the date on | 797 |
which the trust recognizes the gain or loss, then "qualifying | 798 |
investee" includes all persons in the qualifying controlled group | 799 |
on such last day. | 800 |
(ii) If the qualifying investee, or if the qualifying | 801 |
investee and any members of the qualifying controlled group of | 802 |
which the qualifying investee is a member on the last day of the | 803 |
qualifying investee's fiscal or calendar year ending immediately | 804 |
prior to the date on which the trust recognizes the gain or loss, | 805 |
separately or cumulatively own, directly or indirectly, on the | 806 |
last day of the qualifying investee's fiscal or calendar year | 807 |
ending immediately prior to the date on which the trust recognizes | 808 |
the qualifying trust amount, more than fifty per cent of the | 809 |
equity of a pass-through entity, then the qualifying investee and | 810 |
the other members are deemed to own the proportionate share of the | 811 |
pass-through entity's physical assets which the pass-through | 812 |
entity directly or indirectly owns on the last day of the | 813 |
pass-through entity's calendar or fiscal year ending within or | 814 |
with the last day of the qualifying investee's fiscal or calendar | 815 |
year ending immediately prior to the date on which the trust | 816 |
recognizes the qualifying trust amount. | 817 |
(iii) For the purposes of division (BB)(5)(a)(iii) of this | 818 |
section, "upper level pass-through entity" means a pass-through | 819 |
entity directly or indirectly owning any equity of another | 820 |
pass-through entity, and "lower level pass-through entity" means | 821 |
that other pass-through entity. | 822 |
An upper level pass-through entity, whether or not it is also | 823 |
a qualifying investee, is deemed to own, on the last day of the | 824 |
upper level pass-through entity's calendar or fiscal year, the | 825 |
proportionate share of the lower level pass-through entity's | 826 |
physical assets that the lower level pass-through entity directly | 827 |
or indirectly owns on the last day of the lower level pass-through | 828 |
entity's calendar or fiscal year ending within or with the last | 829 |
day of the upper level pass-through entity's fiscal or calendar | 830 |
year. If the upper level pass-through entity directly and | 831 |
indirectly owns less than fifty per cent of the equity of the | 832 |
lower level pass-through entity on each day of the upper level | 833 |
pass-through entity's calendar or fiscal year in which or with | 834 |
which ends the calendar or fiscal year of the lower level | 835 |
pass-through entity and if, based upon clear and convincing | 836 |
evidence, complete information about the location and cost of the | 837 |
physical assets of the lower pass-through entity is not available | 838 |
to the upper level pass-through entity, then solely for purposes | 839 |
of ascertaining if a gain or loss constitutes a qualifying trust | 840 |
amount, the upper level pass-through entity shall be deemed as | 841 |
owning no equity of the lower level pass-through entity for each | 842 |
day during the upper level pass-through entity's calendar or | 843 |
fiscal year in which or with which ends the lower level | 844 |
pass-through entity's calendar or fiscal year. Nothing in division | 845 |
(BB)(5)(a)(iii) of this section shall be construed to provide for | 846 |
any deduction or exclusion in computing any trust's Ohio taxable | 847 |
income. | 848 |
(b) With respect to a trust that is not a resident for the | 849 |
taxable year and with respect to a part of a trust that is not a | 850 |
resident for the taxable year, "qualifying investee" for that | 851 |
taxable year does not include a C corporation if both of the | 852 |
following apply: | 853 |
(i) During the taxable year the trust or part of the trust | 854 |
recognizes a gain or loss from the sale, exchange, or other | 855 |
disposition of equity or ownership interests in, or debt | 856 |
obligations of, the C corporation. | 857 |
(ii) Such gain or loss constitutes nonbusiness income. | 858 |
(6) "Available" means information is such that a person is | 859 |
able to learn of the information by the due date plus extensions, | 860 |
if any, for filing the return for the taxable year in which the | 861 |
trust recognizes the gain or loss. | 862 |
(CC) "Qualifying controlled group" has the same meaning as in | 863 |
section 5733.04 of the Revised Code. | 864 |
(DD) "Related member" has the same meaning as in section | 865 |
5733.042 of the Revised Code. | 866 |
(EE)(1) For the purposes of division (EE) of this section: | 867 |
(a) "Qualifying person" means any person other than a | 868 |
qualifying corporation. | 869 |
(b) "Qualifying corporation" means any person classified for | 870 |
federal income tax purposes as an association taxable as a | 871 |
corporation, except either of the following: | 872 |
(i) A corporation that has made an election under subchapter | 873 |
S, chapter one, subtitle A, of the Internal Revenue Code for its | 874 |
taxable year ending within, or on the last day of, the investor's | 875 |
taxable year; | 876 |
(ii) A subsidiary that is wholly owned by any corporation | 877 |
that has made an election under subchapter S, chapter one, | 878 |
subtitle A of the Internal Revenue Code for its taxable year | 879 |
ending within, or on the last day of, the investor's taxable year. | 880 |
(2) For the purposes of this chapter, unless expressly stated | 881 |
otherwise, no qualifying person indirectly owns any asset directly | 882 |
or indirectly owned by any qualifying corporation. | 883 |
(FF) For purposes of this chapter and Chapter 5751. of the | 884 |
Revised Code: | 885 |
(1) "Trust" does not include a qualified pre-income tax | 886 |
trust. | 887 |
(2) A "qualified pre-income tax trust" is any pre-income tax | 888 |
trust that makes a qualifying pre-income tax trust election as | 889 |
described in division (FF)(3) of this section. | 890 |
(3) A "qualifying pre-income tax trust election" is an | 891 |
election by a pre-income tax trust to subject to the tax imposed | 892 |
by section 5751.02 of the Revised Code the pre-income tax trust | 893 |
and all pass-through entities of which the trust owns or controls, | 894 |
directly, indirectly, or constructively through related interests, | 895 |
five per cent or more of the ownership or equity interests. The | 896 |
trustee shall notify the tax commissioner in writing of the | 897 |
election on or before April 15, 2006. The election, if timely | 898 |
made, shall be effective on and after January 1, 2006, and shall | 899 |
apply for all tax periods and tax years until revoked by the | 900 |
trustee of the trust. | 901 |
(4) A "pre-income tax trust" is a trust that satisfies all of | 902 |
the following requirements: | 903 |
(a) The document or instrument creating the trust was | 904 |
executed by the grantor before January 1, 1972; | 905 |
(b) The trust became irrevocable upon the creation of the | 906 |
trust; and | 907 |
(c) The grantor was domiciled in this state at the time the | 908 |
trust was created. | 909 |
Sec. 5747.014. (A) For purposes of this section, division | 910 |
(A)(29) of section 5747.01 of the Revised Code, and section | 911 |
5747.02 of the Revised Code: | 912 |
(1) "Modified capital gain" means a capital gain realized | 913 |
from the sale, exchange, or other disposition of non-Ohio-based | 914 |
investments to the extent included in federal adjusted gross | 915 |
income and not otherwise deducted or excluded in computing Ohio | 916 |
adjusted gross income. | 917 |
(2) "Modified capital loss" means a capital loss realized | 918 |
from the sale, exchange, or other disposition of non-Ohio-based | 919 |
investments to the extent included in the computation of federal | 920 |
adjusted gross income. | 921 |
(3) "Net modified capital gain" means the excess of modified | 922 |
capital gains over modified capital losses, plus any capital gain | 923 |
distributions included in federal adjusted gross income but only | 924 |
to the extent the taxpayer can prove to the satisfaction of the | 925 |
tax commissioner that the capital gain distributions relate to the | 926 |
sale, exchange, or other disposition of a non-Ohio-based | 927 |
investment. | 928 |
(4) "Ohio-based reinvestment" means an investment in any of | 929 |
the following: | 930 |
(a) Publicly traded shares of a business incorporated under | 931 |
the laws of this state that maintains its corporate headquarters | 932 |
in this state at the time the taxpayer made the investment; | 933 |
(b) Pass-through entities, the majority of the equity | 934 |
ownership interests of which are owned directly by persons subject | 935 |
to the tax levied under section 5747.02 of the Revised Code at the | 936 |
time the taxpayer made the investment; | 937 |
(c) Public obligations issued by this state or subdivisions, | 938 |
as those terms are defined in section 5709.76 of the Revised Code; | 939 |
(d) Tangible personal property used in business and | 940 |
physically located in this state at the time the taxpayer made the | 941 |
investment; | 942 |
(e) Real property located in this state. | 943 |
(5) A "non-Ohio-based investment" means any investment other | 944 |
than an Ohio-based reinvestment. | 945 |
(B) In computing Ohio adjusted gross income under division | 946 |
(A) of section 5747.01 of the Revised Code, the following amounts | 947 |
shall be deducted or added under division (A)(29) of that section: | 948 |
(1) Deduct Ohio-based reinvestments to the extent not | 949 |
otherwise deducted or excluded in computing federal or Ohio | 950 |
adjusted gross income. The amount deducted under division (B)(1) | 951 |
of this section shall not exceed net modified capital gains for | 952 |
the taxable year. | 953 |
(2)(a) Subject to division (B)(2)(b) of this section, add an | 954 |
amount equal to Ohio-based reinvestments sold or otherwise | 955 |
disposed of during the taxable year and within three years after | 956 |
the Ohio-based reinvestment was made to the extent a deduction was | 957 |
taken for the reinvestment in the current or a prior taxable year, | 958 |
plus ten per cent of that amount, and interest on that amount from | 959 |
the first day of January following the day the Ohio-based | 960 |
reinvestment was made computed at the rate per annum required | 961 |
under section 5703.47 of the Revised Code. | 962 |
For the purposes of division (B)(2)(a) of this section and | 963 |
section 5747.13 of the Revised Code, the return subject to | 964 |
assessment shall be the return for the taxable year that includes | 965 |
the last day of the end of the three-year period beginning on the | 966 |
day the Ohio-based reinvestment was made. | 967 |
(b) Any addition required under division (B)(2)(a) of this | 968 |
section shall be reduced by any amount the taxpayer invests in an | 969 |
Ohio-based reinvestment during the taxable year, ten per cent of | 970 |
that amount, and interest on that amount computed as provided in | 971 |
that division. The amount of the reduction shall not exceed the | 972 |
amount otherwise required to be added under division (B)(2)(a) of | 973 |
this section. No reduction shall be allowed under division | 974 |
(B)(2)(b) of this section for any amount deducted under division | 975 |
(B)(1) of this section for the same taxable year. | 976 |
Sec. 5747.02. (A) For the purpose of providing revenue for | 977 |
the support of schools and local government functions, to provide | 978 |
relief to property taxpayers, to provide revenue for the general | 979 |
revenue fund, and to meet the expenses of administering the tax | 980 |
levied by this chapter, there is hereby levied on every | 981 |
individual, trust, and estate residing in or earning or receiving | 982 |
income in this state, on every individual, trust, and estate | 983 |
earning or receiving lottery winnings, prizes, or awards pursuant | 984 |
to Chapter 3770. of the Revised Code, and on every individual, | 985 |
trust, and estate otherwise having nexus with or in this state | 986 |
under the Constitution of the United States, an annual tax | 987 |
measured in the case of individuals by the sum of Ohio adjusted | 988 |
gross income and Ohio-based reinvestments less an exemption for | 989 |
the taxpayer, the taxpayer's spouse, and each dependent as | 990 |
provided in section 5747.025 of the Revised Code; measured in the | 991 |
case of trusts by modified Ohio taxable income under division (D) | 992 |
of this section; and measured in the case of estates by Ohio | 993 |
taxable income. | 994 |
(1) The tax imposed by this section on | 995 |
996 |
| 997 |
998 | |||
999 | |||
1000 | |||
1001 | |||
1002 | |||
1003 |
1004 | ||||
1005 | ||||
1006 | ||||
1007 | ||||
1008 | ||||
1009 | ||||
1010 | ||||
1011 | ||||
1012 |
| 1013 |
1014 | |||
1015 | |||
1016 | |||
1017 | |||
1018 | |||
1019 |
1020 | ||||
1021 | ||||
1022 | ||||
1023 | ||||
1024 | ||||
1025 | ||||
1026 | ||||
1027 | ||||
1028 |
| 1029 |
1030 | |||
1031 | |||
1032 | |||
1033 | |||
1034 | |||
1035 |
1036 | ||||
1037 | ||||
1038 | ||||
1039 | ||||
1040 | ||||
1041 | ||||
1042 | ||||
1043 | ||||
1044 |
| 1045 |
1046 | |||
1047 | |||
1048 | |||
1049 | |||
1050 | |||
1051 |
1052 | ||||
1053 | ||||
1054 | ||||
1055 | ||||
1056 | ||||
1057 | ||||
1058 | ||||
1059 | ||||
1060 |
| 1061 |
1062 | |||
1063 | |||
1064 | |||
1065 | |||
1066 | |||
1067 |
individuals for taxable years beginning in or after 2010 shall be | 1068 |
the sum of the tax amounts computed under division (A)(1)(a) and | 1069 |
division (A)(1)(b) or (c) of this section where "INCOME" does not | 1070 |
include Ohio-based reinvestments, or shall be the tax amount | 1071 |
computed under division (A)(1)(b) or (c) of this section where | 1072 |
"INCOME" includes Ohio-based reinvestments, whichever computation | 1073 |
produces the lower tax amount. If the computation where "INCOME" | 1074 |
does not include Ohio-based reinvestments applies, the total | 1075 |
amount of exemptions allowed under section 5747.025 of the Revised | 1076 |
Code shall be applied first against adjusted gross income, and if | 1077 |
the total amount of the exemptions exceeds adjusted gross income, | 1078 |
the excess shall be applied against Ohio-based reinvestments. If | 1079 |
the computation where "INCOME" includes Ohio-based reinvestments | 1080 |
applies, the total amount of exemptions allowed under section | 1081 |
5747.025 of the Revised Code shall be applied against the sum of | 1082 |
adjusted gross income and Ohio-based reinvestments. | 1083 |
The tax imposed by this section on estates and trusts for | 1084 |
taxable years beginning in or after 2010 shall be the tax amounts | 1085 |
computed under division (A)(1)(b) or (c) of this section, as | 1086 |
applicable to the taxable year. | 1087 |
(a) The tax imposed on Ohio-based reinvestments of | 1088 |
individuals shall be two and one-half per cent of the Ohio-based | 1089 |
reinvestment. | 1090 |
(b) The tax imposed on Ohio adjusted gross income of | 1091 |
individuals, modified Ohio taxable income of trusts, and Ohio | 1092 |
taxable income of estates for taxable years beginning in 2010 | 1093 |
shall be computed as follows: | 1094 |
INCOME | TAX | 1095 |
$5,000 or less | .618% | 1096 | ||
More than $5,000 but not more than $10,000 | $30.90 plus 1.236% of the amount in excess of $5,000 | 1097 | ||
More than $10,000 but not more than $15,000 | $92.70 plus 2.473% of the amount in excess of $10,000 | 1098 | ||
More than $15,000 but not more than $20,000 | $216.35 plus 3.091% of the amount in excess of $15,000 | 1099 | ||
More than $20,000 but not more than $40,000 | $370.90 plus 3.708% of the amount in excess of $20,000 | 1100 | ||
More than $40,000 but not more than $80,000 | $1,112.50 plus 4.327% of the amount in excess of $40,000 | 1101 | ||
More than $80,000 but not more than $100,000 | $2,843.30 plus 4.945% of the amount in excess of $80,000 | 1102 | ||
More than $100,000 but not more than $200,000 | $3,832.30 plus 5.741% of the amount in excess of $100,000 | 1103 | ||
More than $200,000 | $9,573.30 plus 6.24% of the amount in excess of $200,000 | 1104 |
| 1105 |
1106 | |||
1107 | |||
1108 | |||
1109 | |||
1110 | |||
1111 |
(c) The tax imposed on Ohio adjusted gross income of | 1112 |
individuals, modified Ohio taxable income of trusts, and Ohio | 1113 |
taxable income of estates for taxable years beginning in or after | 1114 |
2011 shall be computed as follows: | 1115 |
INCOME | TAX | 1116 |
$5,000 or less | .587% | 1117 | ||
More than $5,000 but not more than $10,000 | $29.35 plus 1.174% of the amount in excess of $5,000 | 1118 | ||
More than $10,000 but not more than $15,000 | $88.05 plus 2.348% of the amount in excess of $10,000 | 1119 | ||
More than $15,000 but not more than $20,000 | $205.45 plus 2.935% of the amount in excess of $15,000 | 1120 | ||
More than $20,000 but not more than $40,000 | $352.20 plus 3.521% of the amount in excess of $20,000 | 1121 | ||
More than $40,000 but not more than $80,000 | $1,056.40 plus 4.109% of the amount in excess of $40,000 | 1122 | ||
More than $80,000 but not more than $100,000 | $2,700.00 plus 4.695% of the amount in excess of $80,000 | 1123 | ||
More than $100,000 but not more than $200,000 | $3,639.00 plus 5.451% of the amount in excess of $100,000 | 1124 | ||
More than $200,000 | $9,090.00 plus 5.925% of the amount in excess of $200,000 | 1125 |
(2) In July of each year, beginning in 2010, the tax | 1126 |
commissioner shall adjust the income amounts prescribed in this | 1127 |
division by multiplying the percentage increase in the gross | 1128 |
domestic product deflator computed that year under section | 1129 |
5747.025 of the Revised Code by each of the income amounts | 1130 |
resulting from the adjustment under this division in the preceding | 1131 |
year, adding the resulting product to the corresponding income | 1132 |
amount resulting from the adjustment in the preceding year, and | 1133 |
rounding the resulting sum to the nearest multiple of fifty | 1134 |
dollars. The tax commissioner also shall recompute each of the tax | 1135 |
dollar amounts to the extent necessary to reflect the adjustment | 1136 |
of the income amounts. The rates of taxation shall not be | 1137 |
adjusted. | 1138 |
The adjusted amounts apply to taxable years beginning in the | 1139 |
calendar year in which the adjustments are made. The tax | 1140 |
commissioner shall not make such adjustments in any year in which | 1141 |
the amount resulting from the adjustment would be less than the | 1142 |
amount resulting from the adjustment in the preceding year. | 1143 |
(B) If the director of budget and management makes a | 1144 |
certification to the tax commissioner under division (B) of | 1145 |
section 131.44 of the Revised Code, the amount of tax as | 1146 |
determined under division (A) of this section shall be reduced by | 1147 |
the percentage prescribed in that certification for taxable years | 1148 |
beginning in the calendar year in which that certification is | 1149 |
made. | 1150 |
(C) The levy of this tax on income does not prevent a | 1151 |
municipal corporation, a joint economic development zone created | 1152 |
under section 715.691, or a joint economic development district | 1153 |
created under section 715.70 or 715.71 or sections 715.72 to | 1154 |
715.81 of the Revised Code from levying a tax on income. | 1155 |
(D) This division applies only to taxable years of a trust | 1156 |
beginning in 2002 or thereafter. | 1157 |
(1) The tax imposed by this section on a trust shall be | 1158 |
computed by multiplying the Ohio modified taxable income of the | 1159 |
trust by the rates prescribed by division (A)(1)(b) or (c) of this | 1160 |
section as applicable to the taxable year. | 1161 |
(2) A nonresident trust may claim a credit against the tax | 1162 |
computed under division (D) of this section equal to the lesser of | 1163 |
(1) the tax paid to another state or the District of Columbia on | 1164 |
the nonresident trust's modified nonbusiness income, other than | 1165 |
the portion of the nonresident trust's nonbusiness income that is | 1166 |
qualifying investment income as defined in section 5747.012 of the | 1167 |
Revised Code, or (2) the effective tax rate, based on modified | 1168 |
Ohio taxable income, multiplied by the nonresident trust's | 1169 |
modified nonbusiness income other than the portion of the | 1170 |
nonresident trust's nonbusiness income that is qualifying | 1171 |
investment income. The credit applies before any other applicable | 1172 |
credits. | 1173 |
(3) The credits enumerated in divisions (A)(1) to (13) of | 1174 |
section 5747.98 of the Revised Code do not apply to a trust | 1175 |
subject to division (D) of this section. Any credits enumerated in | 1176 |
other divisions of section 5747.98 of the Revised Code apply to a | 1177 |
trust subject to division (D) of this section. To the extent that | 1178 |
the trust distributes income for the taxable year for which a | 1179 |
credit is available to the trust, the credit shall be shared by | 1180 |
the trust and its beneficiaries. The tax commissioner and the | 1181 |
trust shall be guided by applicable regulations of the United | 1182 |
States treasury regarding the sharing of credits. | 1183 |
(E) For the purposes of this section, "trust" means any trust | 1184 |
described in Subchapter J of Chapter 1 of the Internal Revenue | 1185 |
Code, excluding trusts that are not irrevocable as defined in | 1186 |
division (I)(3)(b) of section 5747.01 of the Revised Code and that | 1187 |
have no modified Ohio taxable income for the taxable year, | 1188 |
charitable remainder trusts, qualified funeral trusts and preneed | 1189 |
funeral contract trusts established pursuant to sections 4717.31 | 1190 |
to 4717.38 of the Revised Code that are not qualified funeral | 1191 |
trusts, endowment and perpetual care trusts, qualified settlement | 1192 |
trusts and funds, designated settlement trusts and funds, and | 1193 |
trusts exempted from taxation under section 501(a) of the Internal | 1194 |
Revenue Code. | 1195 |
Section 2. That existing sections 5747.01 and 5747.02 of the | 1196 |
Revised Code are hereby repealed. | 1197 |
Section 3. The amendment by this act of sections 5747.01 and | 1198 |
5747.02 of the Revised Code, and the enactment by this act of | 1199 |
section 5747.014 of the Revised Code, apply to taxable years | 1200 |
beginning on or after January 1, 2010. | 1201 |