As Reported by the House Ways and Means Committee

130th General Assembly Regular Session 2013-2014

Am. H. B. No. 54

Representative Beck 

Cosponsors: Representatives Becker, Terhar, Blair, Grossman, Hayes, Adams, J., Brenner, Boose, Thompson, McGregor, Sprague 

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A BILL

To amend section 5701.11 of the Revised Code to

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expressly incorporate changes in the Internal

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Revenue Code since December 20, 2012, into Ohio

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law, and to declare an emergency.

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

Section 1. That section 5701.11 of the Revised Code be	5
amended to read as follows:	6

Sec. 5701.11.  The effective date to which this section	7
refers is the effective date of this section as amended by H.B.	8
472H.B. 54 of the 129th130th general assembly.	9

(A)(1) Except as provided under division (A)(2) or (B) of	10
this section, any reference in Title LVII of the Revised Code to	11
the Internal Revenue Code, to the Internal Revenue Code "as	12
amended," to other laws of the United States, or to other laws of	13
the United States, "as amended," means the Internal Revenue Code	14
or other laws of the United States as they exist on the effective	15
date.	16

(2) This section does not apply to any reference in Title	17
LVII of the Revised Code to the Internal Revenue Code as of a date	18
certain specifying the day, month, and year, or to other laws of	19
the United States as of a date certain specifying the day, month,	20
and year.	21

(B)(1) For purposes of applying section 5733.04, 5745.01, or	22
5747.01 of the Revised Code to a taxpayer's taxable year ending	23
after March 7, 2011December 20, 2012, and before the effective	24
date, a taxpayer may irrevocably elect to incorporate the	25
provisions of the Internal Revenue Code or other laws of the	26
United States that are in effect for federal income tax purposes	27
for that taxable year if those provisions differ from the	28
provisions that, under division (A) of this section, would	29
otherwise apply. The filing by the taxpayer for that taxable year	30
of a report or return that incorporates the provisions of the	31
Internal Revenue Code or other laws of the United States	32
applicable for federal income tax purposes for that taxable year,	33
and that does not include any adjustments to reverse the effects	34
of any differences between those provisions and the provisions	35
that would otherwise apply, constitutes the making of an	36
irrevocable election under this division for that taxable year.	37

(2) Elections under prior versions of division (B)(1) of this	38
section remain in effect for the taxable years to which they	39
apply.	40

Section 2. That existing section 5701.11 of the Revised Code	41
is hereby repealed.	42

Section 3. This act is hereby declared to be an emergency	43
measure necessary for the immediate preservation of the public	44
peace, health, and safety. The reason for such necessity is to	45
enable taxpayers to avoid making miscellaneous adjustments on	46
their 2012 tax returns that increase tax liabilities. Therefore,	47
this act shall go into immediate effect.	48