As Introduced

130th General Assembly Regular Session 2013-2014

H. B. No. 268

Representatives Blessing, Gerberry 

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A BILL

To amend section 5747.01 of the Revised Code to

1

authorize an income tax deduction for any loss

2

from wagering transactions allowed as an itemized

3

deduction for federal income tax purposes that the

4

taxpayer deducted in computing federal taxable

5

income.

6

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

Section 1. That section 5747.01 of the Revised Code be	7
amended to read as follows:	8

Sec. 5747.01.  Except as otherwise expressly provided or	9
clearly appearing from the context, any term used in this chapter	10
that is not otherwise defined in this section has the same meaning	11
as when used in a comparable context in the laws of the United	12
States relating to federal income taxes or if not used in a	13
comparable context in those laws, has the same meaning as in	14
section 5733.40 of the Revised Code. Any reference in this chapter	15
to the Internal Revenue Code includes other laws of the United	16
States relating to federal income taxes.	17

As used in this chapter:

18

(A) "Adjusted gross income" or "Ohio adjusted gross income"	19
means federal adjusted gross income, as defined and used in the	20
Internal Revenue Code, adjusted as provided in this section:	21

(1) Add interest or dividends on obligations or securities of	22
any state or of any political subdivision or authority of any	23
state, other than this state and its subdivisions and authorities.	24

(2) Add interest or dividends on obligations of any	25
authority, commission, instrumentality, territory, or possession	26
of the United States to the extent that the interest or dividends	27
are exempt from federal income taxes but not from state income	28
taxes.	29

(3) Deduct interest or dividends on obligations of the United	30
States and its territories and possessions or of any authority,	31
commission, or instrumentality of the United States to the extent	32
that the interest or dividends are included in federal adjusted	33
gross income but exempt from state income taxes under the laws of	34
the United States.	35

(4) Deduct disability and survivor's benefits to the extent	36
included in federal adjusted gross income.	37

(5) Deduct benefits under Title II of the Social Security Act	38
and tier 1 railroad retirement benefits to the extent included in	39
federal adjusted gross income under section 86 of the Internal	40
Revenue Code.	41

(6) In the case of a taxpayer who is a beneficiary of a trust	42
that makes an accumulation distribution as defined in section 665	43
of the Internal Revenue Code, add, for the beneficiary's taxable	44
years beginning before 2002, the portion, if any, of such	45
distribution that does not exceed the undistributed net income of	46
the trust for the three taxable years preceding the taxable year	47
in which the distribution is made to the extent that the portion	48
was not included in the trust's taxable income for any of the	49
trust's taxable years beginning in 2002 or thereafter.	50
"Undistributed net income of a trust" means the taxable income of	51
the trust increased by (a)(i) the additions to adjusted gross	52
income required under division (A) of this section and (ii) the	53
personal exemptions allowed to the trust pursuant to section	54
642(b) of the Internal Revenue Code, and decreased by (b)(i) the	55
deductions to adjusted gross income required under division (A) of	56
this section, (ii) the amount of federal income taxes attributable	57
to such income, and (iii) the amount of taxable income that has	58
been included in the adjusted gross income of a beneficiary by	59
reason of a prior accumulation distribution. Any undistributed net	60
income included in the adjusted gross income of a beneficiary	61
shall reduce the undistributed net income of the trust commencing	62
with the earliest years of the accumulation period.	63

(7) Deduct the amount of wages and salaries, if any, not	64
otherwise allowable as a deduction but that would have been	65
allowable as a deduction in computing federal adjusted gross	66
income for the taxable year, had the targeted jobs credit allowed	67
and determined under sections 38, 51, and 52 of the Internal	68
Revenue Code not been in effect.	69

(8) Deduct any interest or interest equivalent on public	70
obligations and purchase obligations to the extent that the	71
interest or interest equivalent is included in federal adjusted	72
gross income.	73

(9) Add any loss or deduct any gain resulting from the sale,	74
exchange, or other disposition of public obligations to the extent	75
that the loss has been deducted or the gain has been included in	76
computing federal adjusted gross income.	77

(10) Deduct or add amounts, as provided under section 5747.70	78
of the Revised Code, related to contributions to variable college	79
savings program accounts made or tuition units purchased pursuant	80
to Chapter 3334. of the Revised Code.	81

(11)(a) Deduct, to the extent not otherwise allowable as a	82
deduction or exclusion in computing federal or Ohio adjusted gross	83
income for the taxable year, the amount the taxpayer paid during	84
the taxable year for medical care insurance and qualified	85
long-term care insurance for the taxpayer, the taxpayer's spouse,	86
and dependents. No deduction for medical care insurance under	87
division (A)(11) of this section shall be allowed either to any	88
taxpayer who is eligible to participate in any subsidized health	89
plan maintained by any employer of the taxpayer or of the	90
taxpayer's spouse, or to any taxpayer who is entitled to, or on	91
application would be entitled to, benefits under part A of Title	92
XVIII of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.	93
301, as amended. For the purposes of division (A)(11)(a) of this	94
section, "subsidized health plan" means a health plan for which	95
the employer pays any portion of the plan's cost. The deduction	96
allowed under division (A)(11)(a) of this section shall be the net	97
of any related premium refunds, related premium reimbursements, or	98
related insurance premium dividends received during the taxable	99
year.	100

(b) Deduct, to the extent not otherwise deducted or excluded	101
in computing federal or Ohio adjusted gross income during the	102
taxable year, the amount the taxpayer paid during the taxable	103
year, not compensated for by any insurance or otherwise, for	104
medical care of the taxpayer, the taxpayer's spouse, and	105
dependents, to the extent the expenses exceed seven and one-half	106
per cent of the taxpayer's federal adjusted gross income.	107

(c) Deduct, to the extent not otherwise deducted or excluded	108
in computing federal or Ohio adjusted gross income, any amount	109
included in federal adjusted gross income under section 105 or not	110
excluded under section 106 of the Internal Revenue Code solely	111
because it relates to an accident and health plan for a person who	112
otherwise would be a "qualifying relative" and thus a "dependent"	113
under section 152 of the Internal Revenue Code but for the fact	114
that the person fails to meet the income and support limitations	115
under section 152(d)(1)(B) and (C) of the Internal Revenue Code.	116

(d) For purposes of division (A)(11) of this section,	117
"medical care" has the meaning given in section 213 of the	118
Internal Revenue Code, subject to the special rules, limitations,	119
and exclusions set forth therein, and "qualified long-term care"	120
has the same meaning given in section 7702B(c) of the Internal	121
Revenue Code. Solely for purposes of divisions (A)(11)(a) and (c)	122
of this section, "dependent" includes a person who otherwise would	123
be a "qualifying relative" and thus a "dependent" under section	124
152 of the Internal Revenue Code but for the fact that the person	125
fails to meet the income and support limitations under section	126
152(d)(1)(B) and (C) of the Internal Revenue Code.	127

(12)(a) Deduct any amount included in federal adjusted gross	128
income solely because the amount represents a reimbursement or	129
refund of expenses that in any year the taxpayer had deducted as	130
an itemized deduction pursuant to section 63 of the Internal	131
Revenue Code and applicable United States department of the	132
treasury regulations. The deduction otherwise allowed under	133
division (A)(12)(a) of this section shall be reduced to the extent	134
the reimbursement is attributable to an amount the taxpayer	135
deducted under this section in any taxable year.	136

(b) Add any amount not otherwise included in Ohio adjusted	137
gross income for any taxable year to the extent that the amount is	138
attributable to the recovery during the taxable year of any amount	139
deducted or excluded in computing federal or Ohio adjusted gross	140
income in any taxable year.	141

(13) Deduct any portion of the deduction described in section	142
1341(a)(2) of the Internal Revenue Code, for repaying previously	143
reported income received under a claim of right, that meets both	144
of the following requirements:	145

(a) It is allowable for repayment of an item that was	146
included in the taxpayer's adjusted gross income for a prior	147
taxable year and did not qualify for a credit under division (A)	148
or (B) of section 5747.05 of the Revised Code for that year;	149

(b) It does not otherwise reduce the taxpayer's adjusted	150
gross income for the current or any other taxable year.	151

(14) Deduct an amount equal to the deposits made to, and net	152
investment earnings of, a medical savings account during the	153
taxable year, in accordance with section 3924.66 of the Revised	154
Code. The deduction allowed by division (A)(14) of this section	155
does not apply to medical savings account deposits and earnings	156
otherwise deducted or excluded for the current or any other	157
taxable year from the taxpayer's federal adjusted gross income.	158

(15)(a) Add an amount equal to the funds withdrawn from a	159
medical savings account during the taxable year, and the net	160
investment earnings on those funds, when the funds withdrawn were	161
used for any purpose other than to reimburse an account holder	162
for, or to pay, eligible medical expenses, in accordance with	163
section 3924.66 of the Revised Code;	164

(b) Add the amounts distributed from a medical savings	165
account under division (A)(2) of section 3924.68 of the Revised	166
Code during the taxable year.	167

(16) Add any amount claimed as a credit under section	168
5747.059 or 5747.65 of the Revised Code to the extent that such	169
amount satisfies either of the following:	170

(a) The amount was deducted or excluded from the computation	171
of the taxpayer's federal adjusted gross income as required to be	172
reported for the taxpayer's taxable year under the Internal	173
Revenue Code;	174

(b) The amount resulted in a reduction of the taxpayer's	175
federal adjusted gross income as required to be reported for any	176
of the taxpayer's taxable years under the Internal Revenue Code.	177

(17) Deduct the amount contributed by the taxpayer to an	178
individual development account program established by a county	179
department of job and family services pursuant to sections 329.11	180
to 329.14 of the Revised Code for the purpose of matching funds	181
deposited by program participants. On request of the tax	182
commissioner, the taxpayer shall provide any information that, in	183
the tax commissioner's opinion, is necessary to establish the	184
amount deducted under division (A)(17) of this section.	185

(18) Beginning in taxable year 2001 but not for any taxable	186
year beginning after December 31, 2005, if the taxpayer is married	187
and files a joint return and the combined federal adjusted gross	188
income of the taxpayer and the taxpayer's spouse for the taxable	189
year does not exceed one hundred thousand dollars, or if the	190
taxpayer is single and has a federal adjusted gross income for the	191
taxable year not exceeding fifty thousand dollars, deduct amounts	192
paid during the taxable year for qualified tuition and fees paid	193
to an eligible institution for the taxpayer, the taxpayer's	194
spouse, or any dependent of the taxpayer, who is a resident of	195
this state and is enrolled in or attending a program that	196
culminates in a degree or diploma at an eligible institution. The	197
deduction may be claimed only to the extent that qualified tuition	198
and fees are not otherwise deducted or excluded for any taxable	199
year from federal or Ohio adjusted gross income. The deduction may	200
not be claimed for educational expenses for which the taxpayer	201
claims a credit under section 5747.27 of the Revised Code.	202

(19) Add any reimbursement received during the taxable year	203
of any amount the taxpayer deducted under division (A)(18) of this	204
section in any previous taxable year to the extent the amount is	205
not otherwise included in Ohio adjusted gross income.	206

(20)(a)(i) Subject to divisions (A)(20)(a)(iii), (iv), and	207
(v) of this section, add five-sixths of the amount of depreciation	208
expense allowed by subsection (k) of section 168 of the Internal	209
Revenue Code, including the taxpayer's proportionate or	210
distributive share of the amount of depreciation expense allowed	211
by that subsection to a pass-through entity in which the taxpayer	212
has a direct or indirect ownership interest.	213

(ii) Subject to divisions (A)(20)(a)(iii), (iv), and (v) of	214
this section, add five-sixths of the amount of qualifying section	215
179 depreciation expense, including the taxpayer's proportionate	216
or distributive share of the amount of qualifying section 179	217
depreciation expense allowed to any pass-through entity in which	218
the taxpayer has a direct or indirect ownership interest.	219

(iii) Subject to division (A)(20)(a)(v) of this section, for	220
taxable years beginning in 2012 or thereafter, if the increase in	221
income taxes withheld by the taxpayer is equal to or greater than	222
ten per cent of income taxes withheld by the taxpayer during the	223
taxpayer's immediately preceding taxable year, "two-thirds" shall	224
be substituted for "five-sixths" for the purpose of divisions	225
(A)(20)(a)(i) and (ii) of this section.	226

(iv) Subject to division (A)(20)(a)(v) of this section, for	227
taxable years beginning in 2012 or thereafter, a taxpayer is not	228
required to add an amount under division (A)(20) of this section	229
if the increase in income taxes withheld by the taxpayer and by	230
any pass-through entity in which the taxpayer has a direct or	231
indirect ownership interest is equal to or greater than the sum of	232
(I) the amount of qualifying section 179 depreciation expense and	233
(II) the amount of depreciation expense allowed to the taxpayer by	234
subsection (k) of section 168 of the Internal Revenue Code, and	235
including the taxpayer's proportionate or distributive shares of	236
such amounts allowed to any such pass-through entities.	237

(v) If a taxpayer directly or indirectly incurs a net	238
operating loss for the taxable year for federal income tax	239
purposes, to the extent such loss resulted from depreciation	240
expense allowed by subsection (k) of section 168 of the Internal	241
Revenue Code and by qualifying section 179 depreciation expense,	242
"the entire" shall be substituted for "five-sixths of the" for the	243
purpose of divisions (A)(20)(a)(i) and (ii) of this section.	244

The tax commissioner, under procedures established by the	245
commissioner, may waive the add-backs related to a pass-through	246
entity if the taxpayer owns, directly or indirectly, less than	247
five per cent of the pass-through entity.	248

(b) Nothing in division (A)(20) of this section shall be	249
construed to adjust or modify the adjusted basis of any asset.	250

(c) To the extent the add-back required under division	251
(A)(20)(a) of this section is attributable to property generating	252
nonbusiness income or loss allocated under section 5747.20 of the	253
Revised Code, the add-back shall be sitused to the same location	254
as the nonbusiness income or loss generated by the property for	255
the purpose of determining the credit under division (A) of	256
section 5747.05 of the Revised Code. Otherwise, the add-back shall	257
be apportioned, subject to one or more of the four alternative	258
methods of apportionment enumerated in section 5747.21 of the	259
Revised Code.	260

(d) For the purposes of division (A)(20)(a)(v) of this	261
section, net operating loss carryback and carryforward shall not	262
include the allowance of any net operating loss deduction	263
carryback or carryforward to the taxable year to the extent such	264
loss resulted from depreciation allowed by section 168(k) of the	265
Internal Revenue Code and by the qualifying section 179	266
depreciation expense amount.	267

(e) For the purposes of divisions (A)(20) and (21) of this	268
section:	269

(i) "Income taxes withheld" means the total amount withheld	270
and remitted under sections 5747.06 and 5747.07 of the Revised	271
Code by an employer during the employer's taxable year.	272

(ii) "Increase in income taxes withheld" means the amount by	273
which the amount of income taxes withheld by an employer during	274
the employer's current taxable year exceeds the amount of income	275
taxes withheld by that employer during the employer's immediately	276
preceding taxable year.	277

(iii) "Qualifying section 179 depreciation expense" means the	278
difference between (I) the amount of depreciation expense directly	279
or indirectly allowed to a taxpayer under section 179 of the	280
Internal Revised Code, and (II) the amount of depreciation expense	281
directly or indirectly allowed to the taxpayer under section 179	282
of the Internal Revenue Code as that section existed on December	283
31, 2002.	284

(21)(a) If the taxpayer was required to add an amount under	285
division (A)(20)(a) of this section for a taxable year, deduct one	286
of the following:	287

(i) One-fifth of the amount so added for each of the five	288
succeeding taxable years if the amount so added was five-sixths of	289
qualifying section 179 depreciation expense or depreciation	290
expense allowed by subsection (k) of section 168 of the Internal	291
Revenue Code;	292

(ii) One-half of the amount so added for each of the two	293
succeeding taxable years if the amount so added was two-thirds of	294
such depreciation expense;	295

(iii) One-sixth of the amount so added for each of the six	296
succeeding taxable years if the entire amount of such depreciation	297
expense was so added.	298

(b) If the amount deducted under division (A)(21)(a) of this	299
section is attributable to an add-back allocated under division	300
(A)(20)(c) of this section, the amount deducted shall be sitused	301
to the same location. Otherwise, the add-back shall be apportioned	302
using the apportionment factors for the taxable year in which the	303
deduction is taken, subject to one or more of the four alternative	304
methods of apportionment enumerated in section 5747.21 of the	305
Revised Code.	306

(c) No deduction is available under division (A)(21)(a) of	307
this section with regard to any depreciation allowed by section	308
168(k) of the Internal Revenue Code and by the qualifying section	309
179 depreciation expense amount to the extent that such	310
depreciation results in or increases a federal net operating loss	311
carryback or carryforward. If no such deduction is available for a	312
taxable year, the taxpayer may carry forward the amount not	313
deducted in such taxable year to the next taxable year and add	314
that amount to any deduction otherwise available under division	315
(A)(21)(a) of this section for that next taxable year. The	316
carryforward of amounts not so deducted shall continue until the	317
entire addition required by division (A)(20)(a) of this section	318
has been deducted.	319

(d) No refund shall be allowed as a result of adjustments	320
made by division (A)(21) of this section.	321

(22) Deduct, to the extent not otherwise deducted or excluded	322
in computing federal or Ohio adjusted gross income for the taxable	323
year, the amount the taxpayer received during the taxable year as	324
reimbursement for life insurance premiums under section 5919.31 of	325
the Revised Code.	326

(23) 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 as	329
a death benefit paid by the adjutant general under section 5919.33	330
of the Revised Code.	331

(24) Deduct, to the extent included in federal adjusted gross	332
income and not otherwise allowable as a deduction or exclusion in	333
computing federal or Ohio adjusted gross income for the taxable	334
year, military pay and allowances received by the taxpayer during	335
the taxable year for active duty service in the United States	336
army, air force, navy, marine corps, or coast guard or reserve	337
components thereof or the national guard. The deduction may not be	338
claimed for military pay and allowances received by the taxpayer	339
while the taxpayer is stationed in this state.	340

(25) Deduct, to the extent not otherwise allowable as a	341
deduction or exclusion in computing federal or Ohio adjusted gross	342
income for the taxable year and not otherwise compensated for by	343
any other source, the amount of qualified organ donation expenses	344
incurred by the taxpayer during the taxable year, not to exceed	345
ten thousand dollars. A taxpayer may deduct qualified organ	346
donation expenses only once for all taxable years beginning with	347
taxable years beginning in 2007.	348

For the purposes of division (A)(25) of this section:

349

(a) "Human organ" means all or any portion of a human liver,	350
pancreas, kidney, intestine, or lung, and any portion of human	351
bone marrow.	352

(b) "Qualified organ donation expenses" means travel	353
expenses, lodging expenses, and wages and salary forgone by a	354
taxpayer in connection with the taxpayer's donation, while living,	355
of one or more of the taxpayer's human organs to another human	356
being.	357

(26) Deduct, to the extent not otherwise deducted or excluded	358
in computing federal or Ohio adjusted gross income for the taxable	359
year, amounts received by the taxpayer as retired personnel pay	360
for service in the uniformed services or reserve components	361
thereof, or the national guard, or received by the surviving	362
spouse or former spouse of such a taxpayer under the survivor	363
benefit plan on account of such a taxpayer's death. If the	364
taxpayer receives income on account of retirement paid under the	365
federal civil service retirement system or federal employees	366
retirement system, or under any successor retirement program	367
enacted by the congress of the United States that is established	368
and maintained for retired employees of the United States	369
government, and such retirement income is based, in whole or in	370
part, on credit for the taxpayer's uniformed service, the	371
deduction allowed under this division shall include only that	372
portion of such retirement income that is attributable to the	373
taxpayer's uniformed service, to the extent that portion of such	374
retirement income is otherwise included in federal adjusted gross	375
income and is not otherwise deducted under this section. Any	376
amount deducted under division (A)(26) of this section is not	377
included in a taxpayer's adjusted gross income for the purposes of	378
section 5747.055 of the Revised Code. No amount may be deducted	379
under division (A)(26) of this section on the basis of which a	380
credit was claimed under section 5747.055 of the Revised Code.	381

(27) Deduct, to the extent not otherwise deducted or excluded	382
in computing federal or Ohio adjusted gross income for the taxable	383
year, the amount the taxpayer received during the taxable year	384
from the military injury relief fund created in section 5101.98 of	385
the Revised Code.	386

(28) Deduct, to the extent not otherwise deducted or excluded	387
in computing federal or Ohio adjusted gross income for the taxable	388
year, the amount the taxpayer received as a veterans bonus during	389
the taxable year from the Ohio department of veterans services as	390
authorized by Section 2r of Article VIII, Ohio Constitution.	391

(29) Deduct, to the extent not otherwise deducted or excluded	392
in computing federal or Ohio adjusted gross income for the taxable	393
year, any income derived from a transfer agreement or from the	394
enterprise transferred under that agreement under section 4313.02	395
of the Revised Code.	396

(30) Deduct, to the extent not otherwise deducted or excluded	397
in computing federal or Ohio adjusted gross income for the taxable	398
year, Ohio college opportunity or federal Pell grant amounts	399
received by the taxpayer or the taxpayer's spouse or dependent	400
pursuant to section 3333.122 of the Revised Code or 20 U.S.C.	401
1070a, et seq., and used to pay room or board furnished by the	402
educational institution for which the grant was awarded at the	403
institution's facilities, including meal plans administered by the	404
institution. For the purposes of this division, receipt of a grant	405
includes the distribution of a grant directly to an educational	406
institution and the crediting of the grant to the enrollee's	407
account with the institution.	408

(31) Deduct one-half of the taxpayer's Ohio small business	409
investor income, the deduction not to exceed sixty-two thousand	410
five hundred dollars for each spouse if spouses file separate	411
returns under section 5747.08 of the Revised Code or one hundred	412
twenty-five thousand dollars for all other taxpayers. No	413
pass-through entity may claim a deduction under this division.	414

For the purposes of this division, "Ohio small business	415
investor income" means the portion of a taxpayer's adjusted gross	416
income that is business income reduced by deductions from business	417
income and apportioned or allocated to this state under sections	418
5747.21 and 5747.22 of the Revised Code, to the extent not	419
otherwise deducted or excluded in computing federal or Ohio	420
adjusted gross income for the taxable year.	421

(32) Deduct, to the extent not otherwise deducted or excluded	422
in computing federal or Ohio adjusted gross income for the taxable	423
year, any loss from wagering transactions that is allowed as an	424
itemized deduction under section 165 of the Internal Revenue Code	425
and that the taxpayer deducted in computing federal taxable	426
income.	427

(B) "Business income" means income, including gain or loss,	428
arising from transactions, activities, and sources in the regular	429
course of a trade or business and includes income, gain, or loss	430
from real property, tangible property, and intangible property if	431
the acquisition, rental, management, and disposition of the	432
property constitute integral parts of the regular course of a	433
trade or business operation. "Business income" includes income,	434
including gain or loss, from a partial or complete liquidation of	435
a business, including, but not limited to, gain or loss from the	436
sale or other disposition of goodwill.	437

(C) "Nonbusiness income" means all income other than business	438
income and may include, but is not limited to, compensation, rents	439
and royalties from real or tangible personal property, capital	440
gains, interest, dividends and distributions, patent or copyright	441
royalties, or lottery winnings, prizes, and awards.	442

(D) "Compensation" means any form of remuneration paid to an	443
employee for personal services.	444

(E) "Fiduciary" means a guardian, trustee, executor,	445
administrator, receiver, conservator, or any other person acting	446
in any fiduciary capacity for any individual, trust, or estate.	447

(F) "Fiscal year" means an accounting period of twelve months	448
ending on the last day of any month other than December.	449

(G) "Individual" means any natural person.

450

(H) "Internal Revenue Code" means the "Internal Revenue Code	451
of 1986," 100 Stat. 2085, 26 U.S.C.A. 1, as amended.	452

(I) "Resident" means any of the following, provided that	453
division (I)(3) of this section applies only to taxable years of a	454
trust beginning in 2002 or thereafter:	455

(1) An individual who is domiciled in this state, subject to	456
section 5747.24 of the Revised Code;	457

(2) The estate of a decedent who at the time of death was	458
domiciled in this state. The domicile tests of section 5747.24 of	459
the Revised Code are not controlling for purposes of division	460
(I)(2) of this section.	461

(3) A trust that, in whole or part, resides in this state. If	462
only part of a trust resides in this state, the trust is a	463
resident only with respect to that part.	464

For the purposes of division (I)(3) of this section:

465

(a) A trust resides in this state for the trust's current	466
taxable year to the extent, as described in division (I)(3)(d) of	467
this section, that the trust consists directly or indirectly, in	468
whole or in part, of assets, net of any related liabilities, that	469
were transferred, or caused to be transferred, directly or	470
indirectly, to the trust by any of the following:	471

(i) A person, a court, or a governmental entity or	472
instrumentality on account of the death of a decedent, but only if	473
the trust is described in division (I)(3)(e)(i) or (ii) of this	474
section;	475

(ii) A person who was domiciled in this state for the	476
purposes of this chapter when the person directly or indirectly	477
transferred assets to an irrevocable trust, but only if at least	478
one of the trust's qualifying beneficiaries is domiciled in this	479
state for the purposes of this chapter during all or some portion	480
of the trust's current taxable year;	481

(iii) A person who was domiciled in this state for the	482
purposes of this chapter when the trust document or instrument or	483
part of the trust document or instrument became irrevocable, but	484
only if at least one of the trust's qualifying beneficiaries is a	485
resident domiciled in this state for the purposes of this chapter	486
during all or some portion of the trust's current taxable year. If	487
a trust document or instrument became irrevocable upon the death	488
of a person who at the time of death was domiciled in this state	489
for purposes of this chapter, that person is a person described in	490
division (I)(3)(a)(iii) of this section.	491

(b) A trust is irrevocable to the extent that the transferor	492
is not considered to be the owner of the net assets of the trust	493
under sections 671 to 678 of the Internal Revenue Code.	494

(c) With respect to a trust other than a charitable lead	495
trust, "qualifying beneficiary" has the same meaning as "potential	496
current beneficiary" as defined in section 1361(e)(2) of the	497
Internal Revenue Code, and with respect to a charitable lead trust	498
"qualifying beneficiary" is any current, future, or contingent	499
beneficiary, but with respect to any trust "qualifying	500
beneficiary" excludes a person or a governmental entity or	501
instrumentality to any of which a contribution would qualify for	502
the charitable deduction under section 170 of the Internal Revenue	503
Code.	504

(d) For the purposes of division (I)(3)(a) of this section,	505
the extent to which a trust consists directly or indirectly, in	506
whole or in part, of assets, net of any related liabilities, that	507
were transferred directly or indirectly, in whole or part, to the	508
trust by any of the sources enumerated in that division shall be	509
ascertained by multiplying the fair market value of the trust's	510
assets, net of related liabilities, by the qualifying ratio, which	511
shall be computed as follows:	512

(i) The first time the trust receives assets, the numerator	513
of the qualifying ratio is the fair market value of those assets	514
at that time, net of any related liabilities, from sources	515
enumerated in division (I)(3)(a) of this section. The denominator	516
of the qualifying ratio is the fair market value of all the	517
trust's assets at that time, net of any related liabilities.	518

(ii) Each subsequent time the trust receives assets, a	519
revised qualifying ratio shall be computed. The numerator of the	520
revised qualifying ratio is the sum of (1) the fair market value	521
of the trust's assets immediately prior to the subsequent	522
transfer, net of any related liabilities, multiplied by the	523
qualifying ratio last computed without regard to the subsequent	524
transfer, and (2) the fair market value of the subsequently	525
transferred assets at the time transferred, net of any related	526
liabilities, from sources enumerated in division (I)(3)(a) of this	527
section. The denominator of the revised qualifying ratio is the	528
fair market value of all the trust's assets immediately after the	529
subsequent transfer, net of any related liabilities.	530

(iii) Whether a transfer to the trust is by or from any of	531
the sources enumerated in division (I)(3)(a) of this section shall	532
be ascertained without regard to the domicile of the trust's	533
beneficiaries.	534

(e) For the purposes of division (I)(3)(a)(i) of this	535
section:	536

(i) A trust is described in division (I)(3)(e)(i) of this	537
section if the trust is a testamentary trust and the testator of	538
that testamentary trust was domiciled in this state at the time of	539
the testator's death for purposes of the taxes levied under	540
Chapter 5731. of the Revised Code.	541

(ii) A trust is described in division (I)(3)(e)(ii) of this	542
section if the transfer is a qualifying transfer described in any	543
of divisions (I)(3)(f)(i) to (vi) of this section, the trust is an	544
irrevocable inter vivos trust, and at least one of the trust's	545
qualifying beneficiaries is domiciled in this state for purposes	546
of this chapter during all or some portion of the trust's current	547
taxable year.	548

(f) For the purposes of division (I)(3)(e)(ii) of this	549
section, a "qualifying transfer" is a transfer of assets, net of	550
any related liabilities, directly or indirectly to a trust, if the	551
transfer is described in any of the following:	552

(i) The transfer is made to a trust, created by the decedent	553
before the decedent's death and while the decedent was domiciled	554
in this state for the purposes of this chapter, and, prior to the	555
death of the decedent, the trust became irrevocable while the	556
decedent was domiciled in this state for the purposes of this	557
chapter.	558

(ii) The transfer is made to a trust to which the decedent,	559
prior to the decedent's death, had directly or indirectly	560
transferred assets, net of any related liabilities, while the	561
decedent was domiciled in this state for the purposes of this	562
chapter, and prior to the death of the decedent the trust became	563
irrevocable while the decedent was domiciled in this state for the	564
purposes of this chapter.	565

(iii) The transfer is made on account of a contractual	566
relationship existing directly or indirectly between the	567
transferor and either the decedent or the estate of the decedent	568
at any time prior to the date of the decedent's death, and the	569
decedent was domiciled in this state at the time of death for	570
purposes of the taxes levied under Chapter 5731. of the Revised	571
Code.	572

(iv) The transfer is made to a trust on account of a	573
contractual relationship existing directly or indirectly between	574
the transferor and another person who at the time of the	575
decedent's death was domiciled in this state for purposes of this	576
chapter.	577

(v) The transfer is made to a trust on account of the will of	578
a testator who was domiciled in this state at the time of the	579
testator's death for purposes of the taxes levied under Chapter	580
5731. of the Revised Code.	581

(vi) The transfer is made to a trust created by or caused to	582
be created by a court, and the trust was directly or indirectly	583
created in connection with or as a result of the death of an	584
individual who, for purposes of the taxes levied under Chapter	585
5731. of the Revised Code, was domiciled in this state at the time	586
of the individual's death.	587

(g) The tax commissioner may adopt rules to ascertain the	588
part of a trust residing in this state.	589

(J) "Nonresident" means an individual or estate that is not a	590
resident. An individual who is a resident for only part of a	591
taxable year is a nonresident for the remainder of that taxable	592
year.	593

(K) "Pass-through entity" has the same meaning as in section	594
5733.04 of the Revised Code.	595

(L) "Return" means the notifications and reports required to	596
be filed pursuant to this chapter for the purpose of reporting the	597
tax due and includes declarations of estimated tax when so	598
required.	599

(M) "Taxable year" means the calendar year or the taxpayer's	600
fiscal year ending during the calendar year, or fractional part	601
thereof, upon which the adjusted gross income is calculated	602
pursuant to this chapter.	603

(N) "Taxpayer" means any person subject to the tax imposed by	604
section 5747.02 of the Revised Code or any pass-through entity	605
that makes the election under division (D) of section 5747.08 of	606
the Revised Code.	607

(O) "Dependents" means dependents as defined in the Internal	608
Revenue Code and as claimed in the taxpayer's federal income tax	609
return for the taxable year or which the taxpayer would have been	610
permitted to claim had the taxpayer filed a federal income tax	611
return.	612

(P) "Principal county of employment" means, in the case of a	613
nonresident, the county within the state in which a taxpayer	614
performs services for an employer or, if those services are	615
performed in more than one county, the county in which the major	616
portion of the services are performed.	617

(Q) As used in sections 5747.50 to 5747.55 of the Revised	618
Code:	619

(1) "Subdivision" means any county, municipal corporation,	620
park district, or township.	621

(2) "Essential local government purposes" includes all	622
functions that any subdivision is required by general law to	623
exercise, including like functions that are exercised under a	624
charter adopted pursuant to the Ohio Constitution.	625

(R) "Overpayment" means any amount already paid that exceeds	626
the figure determined to be the correct amount of the tax.	627

(S) "Taxable income" or "Ohio taxable income" applies only to	628
estates and trusts, and means federal taxable income, as defined	629
and used in the Internal Revenue Code, adjusted as follows:	630

(1) Add interest or dividends, net of ordinary, necessary,	631
and reasonable expenses not deducted in computing federal taxable	632
income, on obligations or securities of any state or of any	633
political subdivision or authority of any state, other than this	634
state and its subdivisions and authorities, but only to the extent	635
that such net amount is not otherwise includible in Ohio taxable	636
income and is described in either division (S)(1)(a) or (b) of	637
this section:	638

(a) The net amount is not attributable to the S portion of an	639
electing small business trust and has not been distributed to	640
beneficiaries for the taxable year;	641

(b) The net amount is attributable to the S portion of an	642
electing small business trust for the taxable year.	643

(2) Add interest or dividends, net of ordinary, necessary,	644
and reasonable expenses not deducted in computing federal taxable	645
income, on obligations of any authority, commission,	646
instrumentality, territory, or possession of the United States to	647
the extent that the interest or dividends are exempt from federal	648
income taxes but not from state income taxes, but only to the	649
extent that such net amount is not otherwise includible in Ohio	650
taxable income and is described in either division (S)(1)(a) or	651
(b) of this section;	652

(3) Add the amount of personal exemption allowed to the	653
estate pursuant to section 642(b) of the Internal Revenue Code;	654

(4) Deduct interest or dividends, net of related expenses	655
deducted in computing federal taxable income, on obligations of	656
the United States and its territories and possessions or of any	657
authority, commission, or instrumentality of the United States to	658
the extent that the interest or dividends are exempt from state	659
taxes under the laws of the United States, but only to the extent	660
that such amount is included in federal taxable income and is	661
described in either division (S)(1)(a) or (b) of this section;	662

(5) Deduct the amount of wages and salaries, if any, not	663
otherwise allowable as a deduction but that would have been	664
allowable as a deduction in computing federal taxable income for	665
the taxable year, had the targeted jobs credit allowed under	666
sections 38, 51, and 52 of the Internal Revenue Code not been in	667
effect, but only to the extent such amount relates either to	668
income included in federal taxable income for the taxable year or	669
to income of the S portion of an electing small business trust for	670
the taxable year;	671

(6) Deduct any interest or interest equivalent, net of	672
related expenses deducted in computing federal taxable income, on	673
public obligations and purchase obligations, but only to the	674
extent that such net amount relates either to income included in	675
federal taxable income for the taxable year or to income of the S	676
portion of an electing small business trust for the taxable year;	677

(7) Add any loss or deduct any gain resulting from sale,	678
exchange, or other disposition of public obligations to the extent	679
that such loss has been deducted or such gain has been included in	680
computing either federal taxable income or income of the S portion	681
of an electing small business trust for the taxable year;	682

(8) Except in the case of the final return of an estate, add	683
any amount deducted by the taxpayer on both its Ohio estate tax	684
return pursuant to section 5731.14 of the Revised Code, and on its	685
federal income tax return in determining federal taxable income;	686

(9)(a) Deduct any amount included in federal taxable income	687
solely because the amount represents a reimbursement or refund of	688
expenses that in a previous year the decedent had deducted as an	689
itemized deduction pursuant to section 63 of the Internal Revenue	690
Code and applicable treasury regulations. The deduction otherwise	691
allowed under division (S)(9)(a) of this section shall be reduced	692
to the extent the reimbursement is attributable to an amount the	693
taxpayer or decedent deducted under this section in any taxable	694
year.	695

(b) Add any amount not otherwise included in Ohio taxable	696
income for any taxable year to the extent that the amount is	697
attributable to the recovery during the taxable year of any amount	698
deducted or excluded in computing federal or Ohio taxable income	699
in any taxable year, but only to the extent such amount has not	700
been distributed to beneficiaries for the taxable year.	701

(10) Deduct any portion of the deduction described in section	702
1341(a)(2) of the Internal Revenue Code, for repaying previously	703
reported income received under a claim of right, that meets both	704
of the following requirements:	705

(a) It is allowable for repayment of an item that was	706
included in the taxpayer's taxable income or the decedent's	707
adjusted gross income for a prior taxable year and did not qualify	708
for a credit under division (A) or (B) of section 5747.05 of the	709
Revised Code for that year.	710

(b) It does not otherwise reduce the taxpayer's taxable	711
income or the decedent's adjusted gross income for the current or	712
any other taxable year.	713

(11) Add any amount claimed as a credit under section	714
5747.059 or 5747.65 of the Revised Code to the extent that the	715
amount satisfies either of the following:	716

(a) The amount was deducted or excluded from the computation	717
of the taxpayer's federal taxable income as required to be	718
reported for the taxpayer's taxable year under the Internal	719
Revenue Code;	720

(b) The amount resulted in a reduction in the taxpayer's	721
federal taxable income as required to be reported for any of the	722
taxpayer's taxable years under the Internal Revenue Code.	723

(12) Deduct any amount, net of related expenses deducted in	724
computing federal taxable income, that a trust is required to	725
report as farm income on its federal income tax return, but only	726
if the assets of the trust include at least ten acres of land	727
satisfying the definition of "land devoted exclusively to	728
agricultural use" under section 5713.30 of the Revised Code,	729
regardless of whether the land is valued for tax purposes as such	730
land under sections 5713.30 to 5713.38 of the Revised Code. If the	731
trust is a pass-through entity investor, section 5747.231 of the	732
Revised Code applies in ascertaining if the trust is eligible to	733
claim the deduction provided by division (S)(12) of this section	734
in connection with the pass-through entity's farm income.	735

Except for farm income attributable to the S portion of an	736
electing small business trust, the deduction provided by division	737
(S)(12) of this section is allowed only to the extent that the	738
trust has not distributed such farm income. Division (S)(12) of	739
this section applies only to taxable years of a trust beginning in	740
2002 or thereafter.	741

(13) Add the net amount of income described in section 641(c)	742
of the Internal Revenue Code to the extent that amount is not	743
included in federal taxable income.	744

(14) Add or deduct the amount the taxpayer would be required	745
to add or deduct under division (A)(20) or (21) of this section if	746
the taxpayer's Ohio taxable income were computed in the same	747
manner as an individual's Ohio adjusted gross income is computed	748
under this section. In the case of a trust, division (S)(14) of	749
this section applies only to any of the trust's taxable years	750
beginning in 2002 or thereafter.	751

(T) "School district income" and "school district income tax"	752
have the same meanings as in section 5748.01 of the Revised Code.	753

(U) As used in divisions (A)(8), (A)(9), (S)(6), and (S)(7)	754
of this section, "public obligations," "purchase obligations," and	755
"interest or interest equivalent" have the same meanings as in	756
section 5709.76 of the Revised Code.	757

(V) "Limited liability company" means any limited liability	758
company formed under Chapter 1705. of the Revised Code or under	759
the laws of any other state.	760

(W) "Pass-through entity investor" means any person who,	761
during any portion of a taxable year of a pass-through entity, is	762
a partner, member, shareholder, or equity investor in that	763
pass-through entity.	764

(X) "Banking day" has the same meaning as in section 1304.01	765
of the Revised Code.	766

(Y) "Month" means a calendar month.

767

(Z) "Quarter" means the first three months, the second three	768
months, the third three months, or the last three months of the	769
taxpayer's taxable year.	770

(AA)(1) "Eligible institution" means a state university or	771
state institution of higher education as defined in section	772
3345.011 of the Revised Code, or a private, nonprofit college,	773
university, or other post-secondary institution located in this	774
state that possesses a certificate of authorization issued by the	775
Ohio board of regents pursuant to Chapter 1713. of the Revised	776
Code or a certificate of registration issued by the state board of	777
career colleges and schools under Chapter 3332. of the Revised	778
Code.	779

(2) "Qualified tuition and fees" means tuition and fees	780
imposed by an eligible institution as a condition of enrollment or	781
attendance, not exceeding two thousand five hundred dollars in	782
each of the individual's first two years of post-secondary	783
education. If the individual is a part-time student, "qualified	784
tuition and fees" includes tuition and fees paid for the academic	785
equivalent of the first two years of post-secondary education	786
during a maximum of five taxable years, not exceeding a total of	787
five thousand dollars. "Qualified tuition and fees" does not	788
include:	789

(a) Expenses for any course or activity involving sports,	790
games, or hobbies unless the course or activity is part of the	791
individual's degree or diploma program;	792

(b) The cost of books, room and board, student activity fees,	793
athletic fees, insurance expenses, or other expenses unrelated to	794
the individual's academic course of instruction;	795

(c) Tuition, fees, or other expenses paid or reimbursed	796
through an employer, scholarship, grant in aid, or other	797
educational benefit program.	798

(BB)(1) "Modified business income" means the business income	799
included in a trust's Ohio taxable income after such taxable	800
income is first reduced by the qualifying trust amount, if any.	801

(2) "Qualifying trust amount" of a trust means capital gains	802
and losses from the sale, exchange, or other disposition of equity	803
or ownership interests in, or debt obligations of, a qualifying	804
investee to the extent included in the trust's Ohio taxable	805
income, but only if the following requirements are satisfied:	806

(a) The book value of the qualifying investee's physical	807
assets in this state and everywhere, as of the last day of the	808
qualifying investee's fiscal or calendar year ending immediately	809
prior to the date on which the trust recognizes the gain or loss,	810
is available to the trust.	811

(b) The requirements of section 5747.011 of the Revised Code	812
are satisfied for the trust's taxable year in which the trust	813
recognizes the gain or loss.	814

Any gain or loss that is not a qualifying trust amount is	815
modified business income, qualifying investment income, or	816
modified nonbusiness income, as the case may be.	817

(3) "Modified nonbusiness income" means a trust's Ohio	818
taxable income other than modified business income, other than the	819
qualifying trust amount, and other than qualifying investment	820
income, as defined in section 5747.012 of the Revised Code, to the	821
extent such qualifying investment income is not otherwise part of	822
modified business income.	823

(4) "Modified Ohio taxable income" applies only to trusts,	824
and means the sum of the amounts described in divisions (BB)(4)(a)	825
to (c) of this section:	826

(a) The fraction, calculated under section 5747.013, and	827
applying section 5747.231 of the Revised Code, multiplied by the	828
sum of the following amounts:	829

(i) The trust's modified business income;

830

(ii) The trust's qualifying investment income, as defined in	831
section 5747.012 of the Revised Code, but only to the extent the	832
qualifying investment income does not otherwise constitute	833
modified business income and does not otherwise constitute a	834
qualifying trust amount.	835

(b) The qualifying trust amount multiplied by a fraction, the	836
numerator of which is the sum of the book value of the qualifying	837
investee's physical assets in this state on the last day of the	838
qualifying investee's fiscal or calendar year ending immediately	839
prior to the day on which the trust recognizes the qualifying	840
trust amount, and the denominator of which is the sum of the book	841
value of the qualifying investee's total physical assets	842
everywhere on the last day of the qualifying investee's fiscal or	843
calendar year ending immediately prior to the day on which the	844
trust recognizes the qualifying trust amount. If, for a taxable	845
year, the trust recognizes a qualifying trust amount with respect	846
to more than one qualifying investee, the amount described in	847
division (BB)(4)(b) of this section shall equal the sum of the	848
products so computed for each such qualifying investee.	849

(c)(i) With respect to a trust or portion of a trust that is	850
a resident as ascertained in accordance with division (I)(3)(d) of	851
this section, its modified nonbusiness income.	852

(ii) With respect to a trust or portion of a trust that is	853
not a resident as ascertained in accordance with division	854
(I)(3)(d) of this section, the amount of its modified nonbusiness	855
income satisfying the descriptions in divisions (B)(2) to (5) of	856
section 5747.20 of the Revised Code, except as otherwise provided	857
in division (BB)(4)(c)(ii) of this section. With respect to a	858
trust or portion of a trust that is not a resident as ascertained	859
in accordance with division (I)(3)(d) of this section, the trust's	860
portion of modified nonbusiness income recognized from the sale,	861
exchange, or other disposition of a debt interest in or equity	862
interest in a section 5747.212 entity, as defined in section	863
5747.212 of the Revised Code, without regard to division (A) of	864
that section, shall not be allocated to this state in accordance	865
with section 5747.20 of the Revised Code but shall be apportioned	866
to this state in accordance with division (B) of section 5747.212	867
of the Revised Code without regard to division (A) of that	868
section.	869

If the allocation and apportionment of a trust's income under	870
divisions (BB)(4)(a) and (c) of this section do not fairly	871
represent the modified Ohio taxable income of the trust in this	872
state, the alternative methods described in division (C) of	873
section 5747.21 of the Revised Code may be applied in the manner	874
and to the same extent provided in that section.	875

(5)(a) Except as set forth in division (BB)(5)(b) of this	876
section, "qualifying investee" means a person in which a trust has	877
an equity or ownership interest, or a person or unit of government	878
the debt obligations of either of which are owned by a trust. For	879
the purposes of division (BB)(2)(a) of this section and for the	880
purpose of computing the fraction described in division (BB)(4)(b)	881
of this section, all of the following apply:	882

(i) If the qualifying investee is a member of a qualifying	883
controlled group on the last day of the qualifying investee's	884
fiscal or calendar year ending immediately prior to the date on	885
which the trust recognizes the gain or loss, then "qualifying	886
investee" includes all persons in the qualifying controlled group	887
on such last day.	888

(ii) If the qualifying investee, or if the qualifying	889
investee and any members of the qualifying controlled group of	890
which the qualifying investee is a member on the last day of the	891
qualifying investee's fiscal or calendar year ending immediately	892
prior to the date on which the trust recognizes the gain or loss,	893
separately or cumulatively own, directly or indirectly, on the	894
last day of the qualifying investee's fiscal or calendar year	895
ending immediately prior to the date on which the trust recognizes	896
the qualifying trust amount, more than fifty per cent of the	897
equity of a pass-through entity, then the qualifying investee and	898
the other members are deemed to own the proportionate share of the	899
pass-through entity's physical assets which the pass-through	900
entity directly or indirectly owns on the last day of the	901
pass-through entity's calendar or fiscal year ending within or	902
with the last day of the qualifying investee's fiscal or calendar	903
year ending immediately prior to the date on which the trust	904
recognizes the qualifying trust amount.	905

(iii) For the purposes of division (BB)(5)(a)(iii) of this	906
section, "upper level pass-through entity" means a pass-through	907
entity directly or indirectly owning any equity of another	908
pass-through entity, and "lower level pass-through entity" means	909
that other pass-through entity.	910

An upper level pass-through entity, whether or not it is also	911
a qualifying investee, is deemed to own, on the last day of the	912
upper level pass-through entity's calendar or fiscal year, the	913
proportionate share of the lower level pass-through entity's	914
physical assets that the lower level pass-through entity directly	915
or indirectly owns on the last day of the lower level pass-through	916
entity's calendar or fiscal year ending within or with the last	917
day of the upper level pass-through entity's fiscal or calendar	918
year. If the upper level pass-through entity directly and	919
indirectly owns less than fifty per cent of the equity of the	920
lower level pass-through entity on each day of the upper level	921
pass-through entity's calendar or fiscal year in which or with	922
which ends the calendar or fiscal year of the lower level	923
pass-through entity and if, based upon clear and convincing	924
evidence, complete information about the location and cost of the	925
physical assets of the lower pass-through entity is not available	926
to the upper level pass-through entity, then solely for purposes	927
of ascertaining if a gain or loss constitutes a qualifying trust	928
amount, the upper level pass-through entity shall be deemed as	929
owning no equity of the lower level pass-through entity for each	930
day during the upper level pass-through entity's calendar or	931
fiscal year in which or with which ends the lower level	932
pass-through entity's calendar or fiscal year. Nothing in division	933
(BB)(5)(a)(iii) of this section shall be construed to provide for	934
any deduction or exclusion in computing any trust's Ohio taxable	935
income.	936

(b) With respect to a trust that is not a resident for the	937
taxable year and with respect to a part of a trust that is not a	938
resident for the taxable year, "qualifying investee" for that	939
taxable year does not include a C corporation if both of the	940
following apply:	941

(i) During the taxable year the trust or part of the trust	942
recognizes a gain or loss from the sale, exchange, or other	943
disposition of equity or ownership interests in, or debt	944
obligations of, the C corporation.	945

(ii) Such gain or loss constitutes nonbusiness income.

946

(6) "Available" means information is such that a person is	947
able to learn of the information by the due date plus extensions,	948
if any, for filing the return for the taxable year in which the	949
trust recognizes the gain or loss.	950

(CC) "Qualifying controlled group" has the same meaning as in	951
section 5733.04 of the Revised Code.	952

(DD) "Related member" has the same meaning as in section	953
5733.042 of the Revised Code.	954

(EE)(1) For the purposes of division (EE) of this section:

955

(a) "Qualifying person" means any person other than a	956
qualifying corporation.	957

(b) "Qualifying corporation" means any person classified for	958
federal income tax purposes as an association taxable as a	959
corporation, except either of the following:	960

(i) A corporation that has made an election under subchapter	961
S, chapter one, subtitle A, of the Internal Revenue Code for its	962
taxable year ending within, or on the last day of, the investor's	963
taxable year;	964

(ii) A subsidiary that is wholly owned by any corporation	965
that has made an election under subchapter S, chapter one,	966
subtitle A of the Internal Revenue Code for its taxable year	967
ending within, or on the last day of, the investor's taxable year.	968

(2) For the purposes of this chapter, unless expressly stated	969
otherwise, no qualifying person indirectly owns any asset directly	970
or indirectly owned by any qualifying corporation.	971

(FF) For purposes of this chapter and Chapter 5751. of the	972
Revised Code:	973

(1) "Trust" does not include a qualified pre-income tax	974
trust.	975

(2) A "qualified pre-income tax trust" is any pre-income tax	976
trust that makes a qualifying pre-income tax trust election as	977
described in division (FF)(3) of this section.	978

(3) A "qualifying pre-income tax trust election" is an	979
election by a pre-income tax trust to subject to the tax imposed	980
by section 5751.02 of the Revised Code the pre-income tax trust	981
and all pass-through entities of which the trust owns or controls,	982
directly, indirectly, or constructively through related interests,	983
five per cent or more of the ownership or equity interests. The	984
trustee shall notify the tax commissioner in writing of the	985
election on or before April 15, 2006. The election, if timely	986
made, shall be effective on and after January 1, 2006, and shall	987
apply for all tax periods and tax years until revoked by the	988
trustee of the trust.	989

(4) A "pre-income tax trust" is a trust that satisfies all of	990
the following requirements:	991

(a) The document or instrument creating the trust was	992
executed by the grantor before January 1, 1972;	993

(b) The trust became irrevocable upon the creation of the	994
trust; and	995

(c) The grantor was domiciled in this state at the time the	996
trust was created.	997

(GG) "Uniformed services" has the same meaning as in 10	998
U.S.C. 101.	999

Section 2. That existing section 5747.01 of the Revised Code	1000
is hereby repealed.	1001

Section 3. The amendment by this act of section 5747.01 of	1002
the Revised Code applies to taxable years beginning on and after	1003
January 1, 2013.	1004