As Introduced

130th General Assembly
Regular Session
2013-2014
S. B. No. 210


Senator Widener 

Cosponsors: Senators Faber, Patton, Obhof, Oelslager 



A BILL
To amend section 5747.02 of the Revised Code to 1
provide for a permanent income tax rate reduction 2
of 4% for all tax brackets beginning in 2014.3


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

       Section 1. That section 5747.02 of the Revised Code be 4
amended to read as follows:5

       Sec. 5747.02.  (A) For the purpose of providing revenue for 6
the support of schools and local government functions, to provide 7
relief to property taxpayers, to provide revenue for the general 8
revenue fund, and to meet the expenses of administering the tax 9
levied by this chapter, there is hereby levied on every 10
individual, trust, and estate residing in or earning or receiving 11
income in this state, on every individual, trust, and estate 12
earning or receiving lottery winnings, prizes, or awards pursuant 13
to Chapter 3770. of the Revised Code, on every individual, trust, 14
and estate earning or receiving winnings on casino gaming, and on 15
every individual, trust, and estate otherwise having nexus with or 16
in this state under the Constitution of the United States, an 17
annual tax measured in the case of individuals by Ohio adjusted 18
gross income less an exemption for the taxpayer, the taxpayer's 19
spouse, and each dependent as provided in section 5747.025 of the 20
Revised Code; measured in the case of trusts by modified Ohio 21
taxable income under division (D) of this section; and measured in 22
the case of estates by Ohio taxable income. The tax imposed by 23
this section on the balance thus obtained is hereby levied as 24
follows: 25

       (1) For taxable years beginning in 2004: 26

OHIO ADJUSTED GROSS INCOME LESS EXEMPTIONS (INDIVIDUALS) 27
OR 28
MODIFIED OHIO 29
TAXABLE INCOME (TRUSTS) 30
OR 31
OHIO TAXABLE INCOME (ESTATES) TAX 32

$5,000 or less .743% 33
More than $5,000 but not more than $10,000 $37.15 plus 1.486% of the amount in excess of $5,000 34
More than $10,000 but not more than $15,000 $111.45 plus 2.972% of the amount in excess of $10,000 35
More than $15,000 but not more than $20,000 $260.05 plus 3.715% of the amount in excess of $15,000 36
More than $20,000 but not more than $40,000 $445.80 plus 4.457% of the amount in excess of $20,000 37
More than $40,000 but not more than $80,000 $1,337.20 plus 5.201% of the amount in excess of $40,000 38
More than $80,000 but not more than $100,000 $3,417.60 plus 5.943% of the amount in excess of $80,000 39
More than $100,000 but not more than $200,000 $4,606.20 plus 6.9% of the amount in excess of $100,000 40
More than $200,000 $11,506.20 plus 7.5% of the amount in excess of $200,000 41

       (2) For taxable years beginning in 2005: 42

OHIO ADJUSTED GROSS INCOME LESS EXEMPTIONS (INDIVIDUALS) 43
OR 44
MODIFIED OHIO 45
TAXABLE INCOME (TRUSTS) 46
OR 47
OHIO TAXABLE INCOME (ESTATES) TAX 48

$5,000 or less .712% 49
More than $5,000 but not more than $10,000 $35.60 plus 1.424% of the amount in excess of $5,000 50
More than $10,000 but not more than $15,000 $106.80 plus 2.847% of the amount in excess of $10,000 51
More than $15,000 but not more than $20,000 $249.15 plus 3.559% of the amount in excess of $15,000 52
More than $20,000 but not more than $40,000 $427.10 plus 4.27% of the amount in excess of $20,000 53
More than $40,000 but not more than $80,000 $1,281.10 plus 4.983% of the amount in excess of $40,000 54
More than $80,000 but not more than $100,000 $3,274.30 plus 5.693% of the amount in excess of $80,000 55
More than $100,000 but not more than $200,000 $4,412.90 plus 6.61% of the amount in excess of $100,000 56
More than $200,000 $11,022.90 plus 7.185% of the amount in excess of $200,000 57

       (3) For taxable years beginning in 2006: 58

OHIO ADJUSTED GROSS INCOME LESS EXEMPTIONS (INDIVIDUALS) 59
OR 60
MODIFIED OHIO 61
TAXABLE INCOME (TRUSTS) 62
OR 63
OHIO TAXABLE INCOME (ESTATES) TAX 64

$5,000 or less .681% 65
More than $5,000 but not more than $10,000 $34.05 plus 1.361% of the amount in excess of $5,000 66
More than $10,000 but not more than $15,000 $102.10 plus 2.722% of the amount in excess of $10,000 67
More than $15,000 but not more than $20,000 $238.20 plus 3.403% of the amount in excess of $15,000 68
More than $20,000 but not more than $40,000 $408.35 plus 4.083% of the amount in excess of $20,000 69
More than $40,000 but not more than $80,000 $1,224.95 plus 4.764% of the amount in excess of $40,000 70
More than $80,000 but not more than $100,000 $3,130.55 plus 5.444% of the amount in excess of $80,000 71
More than $100,000 but not more than $200,000 $4,219.35 plus 6.32% of the amount in excess of $100,000 72
More than $200,000 $10,539.35 plus 6.87% of the amount in excess of $200,000 73

       (4) For taxable years beginning in 2007: 74

OHIO ADJUSTED GROSS INCOME LESS EXEMPTIONS (INDIVIDUALS) 75
OR 76
MODIFIED OHIO 77
TAXABLE INCOME (TRUSTS) 78
OR 79
OHIO TAXABLE INCOME (ESTATES) TAX 80

$5,000 or less .649% 81
More than $5,000 but not more than $10,000 $32.45 plus 1.299% of the amount in excess of $5,000 82
More than $10,000 but not more than $15,000 $97.40 plus 2.598% of the amount in excess of $10,000 83
More than $15,000 but not more than $20,000 $227.30 plus 3.247% of the amount in excess of $15,000 84
More than $20,000 but not more than $40,000 $389.65 plus 3.895% of the amount in excess of $20,000 85
More than $40,000 but not more than $80,000 $1,168.65 plus 4.546% of the amount in excess of $40,000 86
More than $80,000 but not more than $100,000 $2,987.05 plus 5.194% of the amount in excess of $80,000 87
More than $100,000 but not more than $200,000 $4,025.85 plus 6.031% of the amount in excess of $100,000 88
More than $200,000 $10,056.85 plus 6.555% of the amount in excess of $200,000 89

       (5) For taxable years beginning in 2008, 2009, or 2010: 90

OHIO ADJUSTED GROSS INCOME LESS EXEMPTIONS (INDIVIDUALS) 91
OR 92
MODIFIED OHIO 93
TAXABLE INCOME (TRUSTS) 94
OR 95
OHIO TAXABLE INCOME (ESTATES) TAX 96

$5,000 or less .618% 97
More than $5,000 but not more than $10,000 $30.90 plus 1.236% of the amount in excess of $5,000 98
More than $10,000 but not more than $15,000 $92.70 plus 2.473% of the amount in excess of $10,000 99
More than $15,000 but not more than $20,000 $216.35 plus 3.091% of the amount in excess of $15,000 100
More than $20,000 but not more than $40,000 $370.90 plus 3.708% of the amount in excess of $20,000 101
More than $40,000 but not more than $80,000 $1,112.50 plus 4.327% of the amount in excess of $40,000 102
More than $80,000 but not more than $100,000 $2,843.30 plus 4.945% of the amount in excess of $80,000 103
More than $100,000 but not more than $200,000 $3,832.30 plus 5.741% of the amount in excess of $100,000 104
More than $200,000 $9,573.30 plus 6.24% of the amount in excess of $200,000 105

       (6) For taxable years beginning in 2011 or 2012: 106

OHIO ADJUSTED GROSS INCOME LESS EXEMPTIONS (INDIVIDUALS) 107
OR 108
MODIFIED OHIO 109
TAXABLE INCOME (TRUSTS) 110
OR 111
OHIO TAXABLE INCOME (ESTATES) TAX 112

$5,000 or less .587% 113
More than $5,000 but not more than $10,000 $29.35 plus 1.174% of the amount in excess of $5,000 114
More than $10,000 but not more than $15,000 $88.05 plus 2.348% of the amount in excess of $10,000 115
More than $15,000 but not more than $20,000 $205.45 plus 2.935% of the amount in excess of $15,000 116
More than $20,000 but not more than $40,000 $352.20 plus 3.521% of the amount in excess of $20,000 117
More than $40,000 but not more than $80,000 $1,056.40 plus 4.109% of the amount in excess of $40,000 118
More than $80,000 but not more than $100,000 $2,700.00 plus 4.695% of the amount in excess of $80,000 119
More than $100,000 but not more than $200,000 $3,639.00 plus 5.451% of the amount in excess of $100,000 120
More than $200,000 $9,090.00 plus 5.925% of the amount in excess of $200,000 121

       (7) For taxable years beginning in 2013:122

OHIO ADJUSTED GROSS INCOME LESS EXEMPTIONS (INDIVIDUALS) 123
OR 124
MODIFIED OHIO 125
TAXABLE INCOME (TRUSTS) 126
OR 127
OHIO TAXABLE INCOME (ESTATES) TAX 128

$5,000 or less .537% 129
More than $5,000 but not more than $10,000 $26.86 plus 1.074% of the amount in excess of $5,000 130
More than $10,000 but not more than $15,000 $80.57 plus 2.148% of the amount in excess of $10,000 131
More than $15,000 but not more than $20,000 $187.99 plus 2.686% of the amount in excess of $15,000 132
More than $20,000 but not more than $40,000 $322.26 plus 3.222% of the amount in excess of $20,000 133
More than $40,000 but not more than $80,000 $966.61 plus 3.760% of the amount in excess of $40,000 134
More than $80,000 but not more than $100,000 $2,470.50 plus 4.296% of the amount in excess of $80,000 135
More than $100,000 but not more than $200,000 $3,329.68 plus 4.988% of the amount in excess of $100,000 136
More than $200,000 $8,317.35 plus 5.421% of the amount in excess of $200,000 137

       (8) For taxable years beginning in 2014:138

OHIO ADJUSTED GROSS INCOME LESS EXEMPTIONS (INDIVIDUALS) 139
OR 140
MODIFIED OHIO 141
TAXABLE INCOME (TRUSTS) 142
OR 143
OHIO TAXABLE INCOME (ESTATES) TAX 144

$5,000 or less .534 .513% 145
More than $5,000 but not more than $10,000 $26.71 25.63 plus 1.068 1.025% of the amount in excess of $5,000 146
More than $10,000 but not more than $15,000 $80.13 76.90 plus 2.137 2.052% of the amount in excess of $10,000 147
More than $15,000 but not more than $20,000 $186.96 179.47 plus 2.671 2.564% of the amount in excess of $15,000 148
More than $20,000 but not more than $40,000 $320.50 307.68 plus 3.204 3.076% of the amount in excess of $20,000 149
More than $40,000 but not more than $80,000 $961.32 922.85 plus 3.739 3.589% of the amount in excess of $40,000 150
More than $80,000 but not more than $100,000 $2,457.00 2,358.62 plus 4.272 4.101% of the amount in excess of $80,000 151
More than $100,000 but not more than $200,000 $3,311.49 3,178.85 plus 4.960 4.762% of the amount in excess of $100,000 152
More than $200,000 $8,271.90 7,940.45 plus 5.392 5.176% of the amount in excess of $200,000 153

       (9) For taxable years beginning in 2015 or thereafter:154

OHIO ADJUSTED GROSS INCOME LESS EXEMPTIONS (INDIVIDUALS) 155
OR 156
MODIFIED OHIO 157
TAXABLE INCOME (TRUSTS) 158
OR 159
OHIO TAXABLE INCOME (ESTATES) TAX 160

$5,000 or less .528 .507% 161
More than $5,000 but not more than $10,000 $26.41 25.34 plus 1.057 1.015% of the amount in excess of $5,000 162
More than $10,000 but not more than $15,000 $79.24 76.08 plus 2.113 2.028% of the amount in excess of $10,000 163
More than $15,000 but not more than $20,000 $184.90 177.50 plus 2.642 2.536% of the amount in excess of $15,000 164
More than $20,000 but not more than $40,000 $316.98 304.32 plus 3.169 3.042% of the amount in excess of $20,000 165
More than $40,000 but not more than $80,000 $950.76 912.77 plus 3.698 3.550% of the amount in excess of $40,000 166
More than $80,000 but not more than $100,000 $2,430.00 2,332.80 plus 4.226 4.057% of the amount in excess of $80,000 167
More than $100,000 but not more than $200,000 $3,275.10 3,144.19 plus 4.906 4.710% of the amount in excess of $100,000 168
More than $200,000 $8,181.00 7,853.95 plus 5.333 5.120% of the amount in excess of $200,000 169

       In August of each year, the tax commissioner shall adjust the 170
income amounts prescribed in this division by multiplying the 171
percentage increase in the gross domestic product deflator 172
computed that year under section 5747.025 of the Revised Code by 173
each of the income amounts resulting from the adjustment under 174
this division in the preceding year, adding the resulting product 175
to the corresponding income amount resulting from the adjustment 176
in the preceding year, and rounding the resulting sum to the 177
nearest multiple of fifty dollars. The tax commissioner also shall 178
recompute each of the tax dollar amounts to the extent necessary 179
to reflect the adjustment of the income amounts. The rates of 180
taxation shall not be adjusted. 181

       The adjusted amounts apply to taxable years beginning in the 182
calendar year in which the adjustments are made. The tax 183
commissioner shall not make such adjustments in any year in which 184
the amount resulting from the adjustment would be less than the 185
amount resulting from the adjustment in the preceding year. The 186
commissioner shall not make such adjustments for taxable years 187
beginning in 2013, 2014, or 2015.188

       (B) If the director of budget and management makes a 189
certification to the tax commissioner under division (B) of 190
section 131.44 of the Revised Code, the amount of tax as 191
determined under division (A) of this section shall be reduced by 192
the percentage prescribed in that certification for taxable years 193
beginning in the calendar year in which that certification is 194
made. 195

       (C) The levy of this tax on income does not prevent a 196
municipal corporation, a joint economic development zone created 197
under section 715.691, or a joint economic development district 198
created under section 715.70 or 715.71 or sections 715.72 to 199
715.81 of the Revised Code from levying a tax on income. 200

       (D) This division applies only to taxable years of a trust 201
beginning in 2002 or thereafter. 202

       (1) The tax imposed by this section on a trust shall be 203
computed by multiplying the Ohio modified taxable income of the 204
trust by the rates prescribed by division (A) of this section. 205

       (2) A resident trust may claim a credit against the tax 206
computed under division (D) of this section equal to the lesser of 207
(1) the tax paid to another state or the District of Columbia on 208
the resident trust's modified nonbusiness income, other than the 209
portion of the resident trust's nonbusiness income that is 210
qualifying investment income as defined in section 5747.012 of the 211
Revised Code, or (2) the effective tax rate, based on modified 212
Ohio taxable income, multiplied by the resident trust's modified 213
nonbusiness income other than the portion of the resident trust's 214
nonbusiness income that is qualifying investment income. The 215
credit applies before any other applicable credits. 216

       (3) The credits enumerated in divisions (A)(1) to (13) of 217
section 5747.98 of the Revised Code do not apply to a trust 218
subject to division (D) of this section. Any credits enumerated in 219
other divisions of section 5747.98 of the Revised Code apply to a 220
trust subject to division (D) of this section. To the extent that 221
the trust distributes income for the taxable year for which a 222
credit is available to the trust, the credit shall be shared by 223
the trust and its beneficiaries. The tax commissioner and the 224
trust shall be guided by applicable regulations of the United 225
States treasury regarding the sharing of credits. 226

       (E) For the purposes of this section, "trust" means any trust 227
described in Subchapter J of Chapter 1 of the Internal Revenue 228
Code, excluding trusts that are not irrevocable as defined in 229
division (I)(3)(b) of section 5747.01 of the Revised Code and that 230
have no modified Ohio taxable income for the taxable year, 231
charitable remainder trusts, qualified funeral trusts and preneed 232
funeral contract trusts established pursuant to sections 4717.31 233
to 4717.38 of the Revised Code that are not qualified funeral 234
trusts, endowment and perpetual care trusts, qualified settlement 235
trusts and funds, designated settlement trusts and funds, and 236
trusts exempted from taxation under section 501(a) of the Internal 237
Revenue Code. 238

       Section 2. That existing section 5747.02 of the Revised Code 239
is hereby repealed.240