| (B) Unless a cash assistance payment is to be made by | 13 |
|
electronic benefit transfer, payment by the director of budget and | 14 |
|
management to a participant in the Ohio works first program | 15 |
|
pursuant to Chapter 5107. of the Revised Code, a recipient of | 16 |
|
disability financial assistance pursuant to Chapter 5115. of the | 17 |
|
Revised Code, or a recipient of cash assistance provided under the | 18 |
|
refugee assistance program established under section 5101.49 of | 19 |
|
the Revised Code shall be made by direct deposit to the account of | 20 |
|
the participant or recipient in the financial institution | 21 |
|
designated under section 329.03 of the Revised Code. Payment by | 22 |
|
the director of budget and management to a recipient of benefits | 23 |
|
distributed through the medium of electronic benefit transfer | 24 |
|
pursuant to section 5101.33 of the Revised Code shall be by | 25 |
|
electronic benefit transfer. Payment by the director of budget and | 26 |
|
management as compensation to an employee of the state who has, | 27 |
|
pursuant to section 124.151 of the Revised Code, designated a | 28 |
|
financial institution and account for the direct deposit of such | 29 |
|
payments shall be made by direct deposit to the account of the | 30 |
|
employee. Payment to any other payee who has designated a | 31 |
|
financial institution and account for the direct deposit of such | 32 |
|
payment may be made by direct deposit to the account of the payee | 33 |
|
in the financial institution as provided in section 9.37 of the | 34 |
|
Revised Code. Accounts maintained by the director of budget and | 35 |
|
management or the director's agent in a financial institution for | 36 |
|
the purpose of effectuating payment by direct deposit or | 37 |
|
electronic benefit transfer shall be maintained in accordance with | 38 |
|
section 135.18 of the Revised Code. | 39 |
| (D) If the average per transaction cost the director of | 47 |
|
budget and management incurs in making direct deposits for a state | 48 |
|
agency exceeds the average per transaction cost the director | 49 |
|
incurs in drawing paper warrants for all public offices during the | 50 |
|
same period of time, the director may certify the difference in | 51 |
|
cost and the number of direct deposits for the agency to the | 52 |
|
director of administrative services. The director of | 53 |
|
administrative services shall reimburse the director of budget and | 54 |
|
management for such additional costs and add the amount to the | 55 |
|
processing charge assessed upon the state agency. | 56 |
| (B) Except as otherwise provided under divisions (D) and (E) | 66 |
|
of this section, applications for refund shall be filed with the | 67 |
|
tax commissioner, on the form prescribed by the commissioner, | 68 |
|
within four years from the date of the illegal, erroneous, or | 69 |
|
excessive payment of the tax, or within any additional period | 70 |
|
allowed by division (B)(3)(b) of section 5747.05, division (B) of | 71 |
|
section 5747.10, division (A) of section 5747.13, or division (C) | 72 |
|
of section 5747.45 of the Revised Code. | 73 |
| (C)(1) Interest shall be allowed and paid upon any illegal or | 80 |
|
erroneous assessment in excess of one dollar in respect of the tax | 81 |
|
imposed under section 5747.02 or Chapter 5748. of the Revised Code | 82 |
|
at the rate per annum prescribed by section 5703.47 of the Revised | 83 |
|
Code from the date of the payment of the illegal or erroneous | 84 |
|
assessment until the date the refund of such amount is paid. If | 85 |
|
such refund results from the filing of a return or report, or the | 86 |
|
payment accompanying such return or report, by an employer or | 87 |
|
taxpayer, rather than from an assessment by the commissioner, such | 88 |
|
interest shall run from a period ninety days after the final | 89 |
|
filing date of the annual return until the date the refund is | 90 |
|
paid. | 91 |
| (2) Interest shall be allowed and paid at the rate per annum | 92 |
|
prescribed by section 5703.47 of the Revised Code upon any | 93 |
|
overpayment in excess of one dollar in respect of the tax imposed | 94 |
|
under section 5747.02 or Chapter 5748. of the Revised Code from | 95 |
|
the date of the overpayment until the date of the refund of the | 96 |
|
overpayment, except that if any overpayment is refunded within | 97 |
|
ninety days after the final filing date of the annual return or | 98 |
|
ninety days after the return is filed, whichever is later, no | 99 |
|
interest shall be allowed on such overpayment. If the overpayment | 100 |
|
results from the carryback of a net operating loss or net capital | 101 |
|
loss to a previous taxable year, the overpayment is deemed not to | 102 |
|
have been made prior to the filing date, including any extension | 103 |
|
thereof, for the taxable year in which the net operating loss or | 104 |
|
net capital loss arises. For purposes of the payment of interest | 105 |
|
on overpayments, no amount of tax, for any taxable year, shall be | 106 |
|
treated as having been paid before the date on which the tax | 107 |
|
return for that year was due without regard to any extension of | 108 |
|
time for filing such return. | 109 |
| (3) Interest shall be allowed at the rate per annum | 110 |
|
prescribed by section 5703.47 of the Revised Code on amounts | 111 |
|
refunded with respect to the taxes imposed under sections 5733.41 | 112 |
|
and 5747.41 of the Revised Code. The interest shall run from | 113 |
|
whichever of the following days is the latest until the day the | 114 |
|
refund is paid: the day the illegal, erroneous, or excessive | 115 |
|
payment was made; the ninetieth day after the final day the annual | 116 |
|
report was required to be filed under section 5747.42 of the | 117 |
|
Revised Code; or the ninetieth day after the day that report was | 118 |
|
filed. | 119 |
| (2) A taxpayer shall file an application for refund pursuant | 141 |
|
to division (E) of this section within one year after the date the | 142 |
|
payment described in division (E)(1)(a) of this section is made. | 143 |
|
An application filed under division (E)(2) of this section shall | 144 |
|
claim refund only of overpayments resulting from the taxpayer's | 145 |
|
failure to claim the credit described in division (E)(1)(c) of | 146 |
|
this section. Nothing in division (E) of this section shall be | 147 |
|
construed to relieve a taxpayer from complying with division | 148 |
|
(A)(16) of section 5747.01 of the Revised Code. | 149 |
| Sec. 5747.114. The tax commissioner shall establish a | 150 |
|
program for the payment of income tax refunds by prepaid debit | 151 |
|
card. Under the program, the commissioner shall provide a space on | 152 |
|
the income tax return form in which a taxpayer may elect to | 153 |
|
receive a tax refund in the form of a prepaid debit card. The form | 154 |
|
shall also state the other refund payment options available to the | 155 |
|
taxpayer. The commissioner shall describe in the instructions | 156 |
|
accompanying the income tax return the features of the prepaid | 157 |
|
debit card program, including any fee or fees which may be charged | 158 |
|
to the taxpayer in accessing the taxpayer's refund. | 159 |