To amend sections 718.01, 718.02, 718.07, and 5703.21 and to enact sections 718.21, 718.22, 718.221, 718.222, 718.23, 718.24, 718.25, 718.26, 718.27, 718.28, 718.29, and 718.30 of the Revised Code to prescribe a uniform set of procedures for municipal taxation of electric companies.

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

Sec. 718.01. (A) As used in this chapter:

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

(2) "Schedule C" means internal revenue service schedule C filed by a taxpayer pursuant to the Internal Revenue Code.

(3) "Form 2106" means internal revenue service form 2106 filed by a taxpayer pursuant to the Internal Revenue Code.

(4) "Intangible income" means income of any of the following types: income yield, interest, dividends, or other income arising from the ownership, sale, exchange, or other disposition of intangible property including, but not limited to, investments, deposits, money, or credits as those terms are defined in Chapter 5701. of the Revised Code.

(5) "TAX YEAR" MEANS THE CALENDAR YEAR IN WHICH THE ANNUAL REPORT IS REQUIRED TO BE FILED UNDER SECTION 718.21 OF THE REVISED CODE.

(6) "TAXABLE YEAR" MEANS THE ANNUAL ACCOUNTING PERIOD OF AN ELECTRIC LIGHT COMPANY THAT ENDS ON THE DAY IMMEDIATELY PRECEDING THE DAY OF COMMENCEMENT OF THE COMPANY'S ANNUAL ACCOUNTING PERIOD THAT INCLUDES THE FIRST DAY OF JANUARY OF THE TAX YEAR.

(7) "ELECTRIC LIGHT COMPANY" HAS THE SAME MEANING AS IN SECTION 4928.01 of the Revised Code, AND INCLUDES THE ACTIVITIES OF A COMBINED COMPANY AS AN ELECTRIC LIGHT COMPANY, BUT EXCLUDES NONPROFIT COMPANIES AND MUNICIPAL CORPORATIONS.

(8) "ELECTRIC COMPANY" AND "COMBINED COMPANY" HAVE THE SAME MEANINGS AS IN SECTION 5727.01 of the Revised Code.

(B) No municipal corporation with respect to that income that it may tax shall tax such income at other than a uniform rate.

(C) No municipal corporation shall levy a tax on income at a rate in excess of one per cent without having obtained the approval of the excess by a majority of the electors of the municipality voting on the question at a general, primary, or special election. The legislative authority of the municipal corporation shall file with the board of elections at least seventy-five days before the day of the election a copy of the ordinance together with a resolution specifying the date the election is to be held and directing the board of elections to conduct the election. The ballot shall be in the following form: "Shall the Ordinance providing for a ... per cent levy on income for (Brief description of the purpose of the proposed levy) be passed?

FOR THE INCOME TAX

AGAINST THE INCOME TAX"

In the event of an affirmative vote, the proceeds of the levy may be used only for the specified purpose.

(D)(1) Except as otherwise provided in division (D)(2) of this section, no municipal corporation shall exempt from a tax on income, compensation for personal services of individuals over eighteen years of age or the net profit from a business or profession.

(2) The legislative authority of a municipal corporation may, by ordinance or resolution, exempt from a tax on income any compensation arising from the grant, sale, exchange, or other disposition of a stock option; the exercise of a stock option; or the sale, exchange, or other disposition of stock purchased under a stock option.

(E) Nothing in this section shall prevent a municipal corporation from permitting lawful deductions as prescribed by ordinance. If a taxpayer's taxable income includes income against which the taxpayer has taken a deduction for federal income tax purposes as reportable on the taxpayer's form 2106, and against which a like deduction has not been allowed by the municipal corporation, the municipal corporation shall deduct from the taxpayer's taxable income an amount equal to the deduction shown on such form allowable against such income, to the extent not otherwise so allowed as a deduction by the municipal corporation. In the case of a taxpayer who has a net profit from a business or profession that is operated as a sole proprietorship, no municipal corporation may tax or use as the base for determining the amount of the net profit that shall be considered as having a taxable situs in the municipal corporation, a greater amount than the net profit reported by the taxpayer on schedule C filed in reference to the year in question as taxable income from such sole proprietorship, except as otherwise specifically provided by ordinance or regulation.

(F) No municipal corporation shall tax any of the following:

(1) The military pay or allowances of members of the armed forces of the United States and of members of their reserve components, including the Ohio national guard;

(2) The income of religious, fraternal, charitable, scientific, literary, or educational institutions to the extent that such income is derived from tax-exempt real estate, tax-exempt tangible or intangible property, or tax-exempt activities;

(3) Except as otherwise provided in division (G) of this section, intangible income;

(4) Compensation paid under section 3501.28 or 3501.36 of the Revised Code to a person serving as a precinct election official, to the extent that such compensation does not exceed one thousand dollars annually. Such compensation in excess of one thousand dollars may be subjected to taxation by a municipal corporation. A municipal corporation shall not require the payer of such compensation to withhold any tax from that compensation.

(5) Compensation paid to an employee of a transit authority, regional transit authority, or regional transit commission created under Chapter 306. of the Revised Code for operating a transit bus or other motor vehicle for the authority or commission in or through the municipal corporation, unless the bus or vehicle is operated on a regularly scheduled route, the operator is subject to such a tax by reason of residence or domicile in the municipal corporation, or the headquarters of the authority or commission is located within the municipal corporation.

(6) The income of a public utility when that public utility is subject to the tax levied under section 5727.24 or 5727.30 of the Revised Code, except starting FOR TAXABLE YEARS BEGINNING ON OR AFTER January 1, 2002, the income of an electric LIGHT company or combined company, as defined in section 5727.01 of the Revised Code, may be taxed by a municipal corporation. For a combined company, only the income attributed from the activity of an electric company shall be subject to taxation by a municipal corporation. The income of an electric company or combined company subject to taxation by a municipal corporation shall be computed by taking into account the adjustments provided by division (I)(16) of section 5733.04, SUBJECT TO SECTIONS 718.21 TO 718.30 of the Revised Code.

(G) Any municipal corporation that taxes any type of intangible income on March 29, 1988, pursuant to Section 3 of Amended Substitute Senate Bill No. 238 of the 116th general assembly, may continue to tax that type of income after 1988 if a majority of the electors of the municipal corporation voting on the question of whether to permit the taxation of that type of intangible income after 1988 vote in favor thereof at an election held on November 8, 1988.

(H) Nothing in this section or section 718.02 of the Revised Code shall authorize the levy of any tax on income that a municipal corporation is not authorized to levy under existing laws or shall require a municipal corporation to allow a deduction from taxable income for losses incurred from a sole proprietorship or partnership.

Sec. 718.02. (A) THIS SECTION DOES NOT APPLY TO ELECTRIC LIGHT COMPANIES.

(A) In the taxation of income which THAT is subject to municipal income taxes, if the books and records of a taxpayer conducting a business or profession both within and without the boundaries of a municipal corporation shall disclose with reasonable accuracy what portion of its net profit is attributable to that part of the business or profession conducted within the boundaries of the municipal corporation, then only such portion shall be considered as having a taxable situs in such municipal corporation for purposes of municipal income taxation. In the absence of such records, net profit from a business or profession conducted both within and without the boundaries of a municipal corporation shall be considered as having a taxable situs in such municipal corporation for purposes of municipal income taxation in the same proportion as the average ratio of:

(1) The average net book value of the real and tangible personal property owned or used by the taxpayer in the business or profession in such municipal corporation during the taxable period to the average net book value of all of the real and tangible personal property owned or used by the taxpayer in the business or profession during the same period, wherever situated.

As used in the preceding paragraph, real property shall include property rented or leased by the taxpayer and the value of such property shall be determined by multiplying the annual rental thereon by eight;

(2) Wages, salaries, and other compensation paid during the taxable period to persons employed in the business or profession for services performed in such municipal corporation to wages, salaries, and other compensation paid during the same period to persons employed in the business or profession, wherever their services are performed;

(3) Gross receipts of the business or profession from sales made and services performed during the taxable period in such municipal corporation to gross receipts of the business or profession during the same period from sales and services, wherever made or performed.

In the event that the foregoing allocation formula does not produce an equitable result, another basis may, under uniform regulations, be substituted so as to produce such result.

(B) As used in division (A) of this section, "sales made in a municipal corporation" mean:

(1) All sales of tangible personal property which is delivered within such municipal corporation regardless of where title passes if shipped or delivered from a stock of goods within such municipal corporation;

(2) All sales of tangible personal property which is delivered within such municipal corporation regardless of where title passes even though transported from a point outside such municipal corporation if the taxpayer is regularly engaged through its own employees in the solicitation or promotion of sales within such municipal corporation and the sales result from such solicitation or promotion;

(3) All sales of tangible personal property which is shipped from a place within such municipal corporation to purchasers outside such municipal corporation regardless of where title passes if the taxpayer is not, through its own employees, regularly engaged in the solicitation or promotion of sales at the place where delivery is made.

Sec. 718.07. (A) Any information gained as a result of returns, investigations, hearings, or verifications required or authorized by this chapter or by a charter or ordinance of a municipal corporation levying an income tax pursuant to this chapter is confidential, and no person shall disclose such information except in accordance with a proper judicial order or in connection with the performance of that person's official duties or the official business of the municipal corporation as authorized by this chapter or the charter or ordinance authorizing the levy. The tax administrator of the A municipal corporation may furnish copies of returns filed under this chapter WITH THE MUNICIPAL CORPORATION to the internal revenue service and to the tax commissioner.

(B) WITH RESPECT TO REPORTS FILED WITH THE TAX COMMISSIONER UNDER SECTION 718.21 OR DIVISION (C) OR (D)(1) OF SECTION 718.22 of the Revised Code AND ANY OTHER INFORMATION GAINED IN THE PERFORMANCE OF THE TAX COMMISSIONER'S DUTIES PRESCRIBED BY SECTIONS 718.21 TO 718.30 of the Revised Code, THE TAX COMMISSIONER SHALL ADOPT RULES GOVERNING THE TERMS AND CONDITIONS UNDER WHICH SUCH REPORTS OR INFORMATION SHALL BE AVAILABLE FOR INSPECTION BY PROPERLY AUTHORIZED OFFICERS, EMPLOYEES, OR AGENTS OF THE MUNICIPAL CORPORATION TO WHICH THE TAXPAYER'S NET INCOME IS APPORTIONED UNDER DIVISION (B) OF SECTION 718.22 of the Revised Code. THE RULES SHALL PROHIBIT DISCLOSURE OF SUCH REPORTS OR INFORMATION TO ANY PERSON OTHER THAN A PROPERLY AUTHORIZED OFFICER, EMPLOYEE, OR AGENT OF A MUNICIPAL CORPORATION, AND SHALL PROVIDE FOR DISCLOSURE OF ONLY SUCH INFORMATION AS IS NECESSARY, IN THE OPINION OF THE TAX COMMISSIONER, FOR PROPERLY AUTHORIZED OFFICERS, EMPLOYEES, OR AGENTS OF A MUNICIPAL CORPORATION TO ASCERTAIN THE SHARE OF A TAXPAYER'S NET INCOME TO BE APPORTIONED TO THAT MUNICIPAL CORPORATION.

AS USED IN THIS DIVISION, "PROPERLY AUTHORIZED OFFICER, EMPLOYEE, OR AGENT" MEANS AN OFFICER, EMPLOYEE, OR AGENT OF A MUNICIPAL CORPORATION WHO IS AUTHORIZED BY CHARTER OR ORDINANCE OF THE MUNICIPAL CORPORATION TO VIEW OR POSSESS INFORMATION REFERRED TO IN DIVISION (A) OF THIS SECTION.

Sec. 718.21. (A) AS USED IN THIS SECTION:

(1) "NET INCOME" MEANS NET INCOME AS DETERMINED UNDER SECTION 5733.04 OF THE REVISED CODE FOR THE TAXABLE YEAR ENDING BEFORE THE FIRST DAY OF JANUARY OF THE TAX YEAR AND AS ALLOCATED AND APPORTIONED TO THIS STATE UNDER SECTIONS 5733.05 AND 5733.051, AND SUBJECT TO SECTIONS 5733.052, 5733.053, 5733.057, 5733.058, 5733.059, AND 5733.0510 of the Revised Code. AN ELECTRIC LIGHT COMPANY THAT IS NOT A TAXPAYER AS DEFINED IN SECTION 5733.04 OF THE REVISED CODE SHALL COMPUTE NET INCOME AS IF IT WERE A TAXPAYER AS DEFINED IN THAT SECTION. AN ELECTRIC LIGHT COMPANY THAT SATISFIES THE DEFINITION OF AN "EXITING CORPORATION" UNDER DIVISION (H) OF SECTION 5733.06 OF THE REVISED CODE SHALL REPORT AS ITS NET INCOME UNDER THIS SECTION ANY OF ITS "UNREPORTED NET INCOME" AS DEFINED IN THAT DIVISION.

(2) "PROPERTY FACTOR" MEANS, WITH RESPECT TO A MUNICIPAL CORPORATION AND AN ELECTRIC LIGHT COMPANY, THE QUOTIENT OBTAINED BY DIVIDING (a) THE TAXABLE VALUE OF THE COMPANY'S REAL AND TANGIBLE PERSONAL PROPERTY SITUATED IN THE MUNICIPAL CORPORATION FOR THE PROPERTY TAX YEAR IMMEDIATELY PRECEDING THE TAX YEAR BY (b) THE TAXABLE VALUE OF THE COMPANY'S REAL AND TANGIBLE PERSONAL PROPERTY SITUATED IN THIS STATE FOR THE PROPERTY TAX YEAR IMMEDIATELY PRECEDING THE TAX YEAR. IF A COMPANY RENTS OR LEASES REAL OR TANGIBLE PERSONAL PROPERTY IN THIS STATE, THE COMPANY SHALL INCLUDE THE TAXABLE VALUE OF ANY SUCH PROPERTY IN THE AMOUNTS DESCRIBED IN DIVISIONS (A)(2)(a) AND (b) OF THIS SECTION. THE TAX COMMISSIONER MAY PRESCRIBE PROCEDURES FOR DETERMINING THE TAXABLE VALUE OF PROPERTY THAT IS RENTED OR LEASED.

IN THE CASE OF A COMBINED COMPANY, THE QUOTIENT SHALL INCLUDE ONLY THE TAXABLE VALUE OF TAXABLE REAL AND TANGIBLE PERSONAL PROPERTY ATTRIBUTED TO THE COMBINED COMPANY'S ACTIVITY AS AN ELECTRIC COMPANY. THE TAXABLE REAL AND TANGIBLE PERSONAL PROPERTY TO ATTRIBUTE TO AN ELECTRIC COMPANY ACTIVITY SHALL BE DETERMINED UNDER THE SAME METHODOLOGY PRESCRIBED UNDER SECTION 5727.03 of the Revised Code FOR TAXABLE TANGIBLE PERSONAL PROPERTY. THE PROPERTY FACTOR SHALL BE DETERMINED ON THE BASIS OF THE APPORTIONMENT OF INCOME REPORT REQUIRED TO BE FILED UNDER DIVISION (B) OF THIS SECTION FOR THE TAX YEAR.

(3) "PAYROLL FACTOR" MEANS, WITH RESPECT TO A MUNICIPAL CORPORATION AND AN ELECTRIC LIGHT COMPANY, THE QUOTIENT OBTAINED BY DIVIDING (a) THE TOTAL AMOUNT OF COMPENSATION PAID BY THE COMPANY TO EMPLOYEES FOR PERSONAL SERVICES RENDERED IN THE MUNICIPAL CORPORATION DURING THE CALENDAR YEAR IMMEDIATELY PRECEDING THE TAX YEAR BY (b) THE TOTAL AMOUNT OF COMPENSATION PAID BY THAT COMPANY TO EMPLOYEES FOR PERSONAL SERVICES RENDERED IN THIS STATE DURING THE CALENDAR YEAR IMMEDIATELY PRECEDING THE TAX YEAR. IN THE CASE OF A COMBINED COMPANY, THE QUOTIENT SHALL INCLUDE ONLY COMPENSATION PAID BY THE COMPANY TO EMPLOYEES FOR PERSONAL SERVICES RENDERED IN THE COMPANY'S ACTIVITY AS AN ELECTRIC LIGHT COMPANY.

THE PAYROLL FACTOR SHALL BE DETERMINED ON THE BASIS OF THE APPORTIONMENT OF INCOME REPORT REQUIRED TO BE FILED UNDER DIVISION (B)(1) OF THIS SECTION FOR THE TAX YEAR.

(4) "TAXABLE VALUE" MEANS THE TAXABLE VALUE OF REAL OR TANGIBLE PERSONAL PROPERTY AS ASSESSED FOR TAXATION UNDER CHAPTER 5713. OR 5727. of the Revised Code FOR THE YEAR PRECEDING THE TAX YEAR. "COMPENSATION" MEANS ANY FORM OF REMUNERATION PAID TO AN EMPLOYEE FOR PERSONAL SERVICES.

(B)(1) NOT LATER THAN THE FIFTEENTH DAY OF FEBRUARY EACH TAX YEAR, EACH ELECTRIC LIGHT COMPANY SHALL FILE AN APPORTIONMENT OF INCOME REPORT FOR THE TAX YEAR WITH THE TAX COMMISSIONER. THE REPORT SHALL CONTAIN ALL INFORMATION NECESSARY FOR THE TAX COMMISSIONER TO DETERMINE THE COMPANY'S PROPERTY AND PAYROLL FACTOR AND ANY OTHER INFORMATION REQUIRED BY THE TAX COMMISSIONER. THE TAX COMMISSIONER MAY EXTEND THE LAST DAY FOR FILING THE APPORTIONMENT OF INCOME REPORT FOR NOT MORE THAN THIRTY DAYS.

(2) THE INCOME OF AN ELECTRIC LIGHT COMPANY SUBJECT TO TAXATION BY A MUNICIPAL CORPORATION SHALL BE DETERMINED BY THE TAX COMMISSIONER BY MULTIPLYING THE COMPANY'S NET INCOME BY A FRACTION, THE NUMERATOR OF WHICH IS THE SUM OF (A) THE PROPERTY FACTOR MULTIPLIED BY FIFTY AND (B) THE PAYROLL FACTOR MULTIPLIED BY FIFTY, AND THE DENOMINATOR OF WHICH IS ONE HUNDRED; PROVIDED THAT THE DENOMINATOR SHALL BE REDUCED BY FIFTY IF THE TOTAL AMOUNT OF COMPENSATION PAID BY THE COMPANY FOR PERSONAL SERVICES RENDERED IN THIS STATE DURING THE TAXABLE YEAR IS ZERO AND BY FIFTY IF THE TAXABLE VALUE OF THE COMPANY'S REAL AND TANGIBLE PERSONAL PROPERTY SITUATED IN THIS STATE IS ZERO.

(3) NOT LATER THAN THE FIRST DAY OF APRIL EACH TAX YEAR, THE TAX COMMISSIONER SHALL SEND A CERTIFICATE OF APPORTIONMENT, BY ORDINARY MAIL, TO THE COMPANY AND TO EACH MUNICIPAL CORPORATION TO WHICH THE COMPANY'S NET INCOME IS APPORTIONED FOR THAT TAX YEAR.

(C) EACH ELECTRIC LIGHT COMPANY THE INCOME OF WHICH IS SUBJECT TO TAXATION BY A MUNICIPAL CORPORATION IN THIS STATE SHALL FILE AN ANNUAL REPORT WITH THE TAX COMMISSIONER, IN THE FORM PRESCRIBED BY THE TAX COMMISSIONER, BETWEEN THE FIRST DAY OF JANUARY AND THE THIRTY-FIRST DAY OF MARCH. IF THE COMPANY OBTAINS AN EXTENSION, PURSUANT TO SECTION 5733.13 of the Revised Code, FOR FILING THE REPORT REQUIRED BY SECTION 5733.02 of the Revised Code, THE LAST DAY FOR FILING THE ANNUAL REPORT REQUIRED BY THIS SECTION SHALL BE EXTENDED FOR A LIKE PERIOD.

THE ANNUAL REPORT SHALL INCLUDE STATEMENTS OF THE FOLLOWING FACTS AS OF THE FIRST DAY OF THE COMPANY'S ANNUAL ACCOUNTING PERIOD THAT INCLUDES THE FIRST DAY OF JANUARY OF THE TAX YEAR:

(1) THE NAME OF THE COMPANY;

(2) THE NAME OF THE STATE OR COUNTRY UNDER THE LAWS OF WHICH IT IS INCORPORATED;

(3) THE LOCATION OF ITS PRINCIPAL OFFICE IN THIS STATE AND, IN THE CASE OF A COMPANY INCORPORATED UNDER THE LAWS OF ANOTHER STATE, THE PRINCIPAL PLACE OF BUSINESS IN THIS STATE AND THE NAME AND ADDRESS OF THE OFFICER OR AGENT OF THE COMPANY IN CHARGE OF THE BUSINESS CONDUCTED IN THIS STATE;

(4) THE NAMES OF THE PRESIDENT, SECRETARY, TREASURER, AND STATUTORY AGENT IN THIS STATE, WITH THE POST-OFFICE ADDRESS OF EACH;

(5) THE DATE OF THE BEGINNING OF THE COMPANY'S ANNUAL ACCOUNTING PERIOD THAT INCLUDES THE FIRST DAY OF JANUARY OF THE TAX YEAR;

(6) THE COMPANY'S NET INCOME DURING THE COMPANY'S TAXABLE YEAR;

(7) THE MUNICIPAL CORPORATIONS IN THIS STATE IN WHICH THE COMPANY OWNS, RENTS, OR LEASES REAL OR TANGIBLE PERSONAL PROPERTY OR EMPLOYS INDIVIDUALS;

(8) ANY OTHER INFORMATION THE TAX COMMISSIONER REQUIRES FOR THE PROPER ADMINISTRATION OF THIS SECTION AND SECTIONS 718.22 TO 718.30 of the Revised Code.

THE TAX COMMISSIONER MAY REQUIRE ANY REPORTS REQUIRED UNDER SECTIONS 718.21 TO 718.30 of the Revised Code TO BE FILED IN AN ELECTRONIC FORMAT.

(D)(1) EACH ELECTRIC LIGHT COMPANY SUBJECT TO A MUNICIPAL INCOME TAX SHALL REMIT WITH THE ANNUAL REPORT THE TAXES SHOWN TO BE DUE ON THE REPORT, LESS THE AMOUNT PAID FOR THE YEAR UNDER DIVISION (C) OR (D) OF SECTION 718.22 OF THE REVISED CODE OR PAID FOR THE YEAR DIRECTLY TO A MUNICIPAL CORPORATION AS REQUIRED BY THE LAWS OF THE MUNICIPAL CORPORATION PURSUANT TO DIVISION (B) OF THAT SECTION. THE REMITTANCE SHALL BE MADE PAYABLE TO THE TREASURER OF STATE. UPON RECEIPT OF THE REPORT AND REMITTANCE, THE TREASURER OF STATE SHALL SHOW ON THE REPORT THE DATE IT WAS FILED AND THE AMOUNT OF PAYMENT REMITTED. THE TREASURER OF STATE SHALL, WITHOUT UNNECESSARY DELAY, TRANSMIT ALL REPORTS TO THE TAX COMMISSIONER.

(2) THE TREASURER OF STATE SHALL CREDIT EACH REMITTANCE TO THE MUNICIPAL INCOME TAX FUND, WHICH IS HEREBY CREATED IN THE STATE TREASURY, EXCEPT THAT ONE AND ONE-HALF PER CENT OF THE REMITTANCE SHALL BE CREDITED TO THE MUNICIPAL INCOME TAX ADMINISTRATIVE FUND, WHICH IS HEREBY CREATED IN THE STATE TREASURY. MONEY TO THE CREDIT OF THE MUNICIPAL INCOME TAX ADMINISTRATIVE FUND SHALL BE USED SOLELY TO DEFRAY THE TAX COMMISSIONER'S EXPENSES IN ADMINISTERING THIS SECTION AND SECTIONS 718.22 TO 718.30 OF THE REVISED CODE. ANY MONEY NOT NECESSARY TO DEFRAY SUCH EXPENSES SHALL BE TRANSFERRED TO THE MUNICIPAL INCOME TAX FUND. ALL INVESTMENT EARNINGS ON MONEY IN THE MUNICIPAL INCOME TAX FUND SHALL BE APPORTIONED BY THE TAX COMMISSIONER AMONG MUNICIPAL CORPORATIONS IN THE PROPORTIONS AND AT THE TIMES THE MUNICIPAL CORPORATIONS ARE ENTITLED TO RECEIVE PAYMENTS FROM THE FUND UNDER DIVISION (D)(3) OF THIS SECTION.

(3) UPON RECEIPT OF AN ANNUAL REPORT, THE TAX COMMISSIONER SHALL DETERMINE THE PORTION OF THE COMPANY'S NET INCOME TO BE APPORTIONED TO EACH MUNICIPAL CORPORATION AND MULTIPLY THAT PORTION BY THE RATE AT WHICH THE MUNICIPAL CORPORATION'S INCOME TAX IS IMPOSED, AS CERTIFIED UNDER DIVISION (E) OF THIS SECTION. THE TAX COMMISSIONER SHALL SUBTRACT FROM THE PRODUCT SO OBTAINED ANY PAYMENT MADE FOR THE YEAR FROM THE MUNICIPAL INCOME TAX FUND TO THE MUNICIPAL CORPORATION UNDER DIVISION (F) OF SECTION 718.22 of the Revised Code AND ANY PAYMENT MADE FOR THE YEAR BY A COMPANY DIRECTLY TO A MUNICIPAL CORPORATION PURSUANT TO DIVISION (D)(2) OF THAT SECTION OR PURSUANT TO DIVISION (B) OF THAT SECTION AS REQUIRED BY THE LAWS OF THE MUNICIPAL CORPORATION. THE TAX COMMISSIONER SHALL CERTIFY THE RESULTING AMOUNT FOR EACH MUNICIPAL CORPORATION TO THE DIRECTOR OF BUDGET AND MANAGEMENT, WHO SHALL PROVIDE FOR PAYMENT OF THAT AMOUNT TO THE MUNICIPAL CORPORATION FROM THE MUNICIPAL INCOME TAX FUND.

(E)(1) ON OR BEFORE THE FIRST DAY OF JANUARY EACH YEAR, EACH MUNICIPAL CORPORATION THAT IMPOSES A MUNICIPAL INCOME TAX SHALL CERTIFY TO THE TAX COMMISSIONER THE RATE OF ITS INCOME TAX FOR THE YEAR THAT BEGINS ON THAT DAY AND SHALL CERTIFY THE RATE RESULTING FROM ANY CHANGE IN THE RATE OCCURRING AFTER THE INITIAL CERTIFICATION.

(2) IF ANY MUNICIPAL CORPORATION FAILS TO CERTIFY THE RATE OF ITS INCOME TAX AS REQUIRED BY THIS SECTION, THE TAX COMMISSIONER SHALL NOTIFY THE DIRECTOR OF BUDGET AND MANAGEMENT, WHO, UPON SUCH NOTIFICATION, SHALL WITHHOLD FROM THE PAYMENT TO BE MADE UNDER DIVISION (D) OF THIS SECTION FIFTY PER CENT OF THE AMOUNT OF THE PAYMENT OTHERWISE DUE THE MUNICIPAL CORPORATION AS COMPUTED ON THE BASIS OF THE RATE MOST RECENTLY CERTIFIED UNTIL THE MUNICIPAL CORPORATION CERTIFIES THE RATE TO THE TAX COMMISSIONER.

(F) NO MUNICIPAL CORPORATION SHALL REQUIRE AN ELECTRIC LIGHT COMPANY REQUIRED TO FILE A REPORT UNDER DIVISION (C) OF THIS SECTION TO FILE ANY REPORT OF INCOME, BUT A MUNICIPAL CORPORATION MAY REQUIRE SUCH A COMPANY TO FILE A REPORT OF COMPENSATION PAID TO EMPLOYEES FOR PERSONAL SERVICES RENDERED IN THE MUNICIPAL CORPORATION AND THE TAXABLE VALUE OF REAL AND TANGIBLE PERSONAL PROPERTY SITUATED IN THE MUNICIPAL CORPORATION.

(G) THE TAX COMMISSIONER MAY ADOPT RULES GOVERNING THE RETENTION OF RECORDS AND OTHER PERTINENT DOCUMENTS BY ELECTRIC LIGHT COMPANIES AND THE FILING OF FEDERAL INCOME TAX RETURNS AND REPORTS REQUIRED TO BE FILED UNDER CHAPTER 5733. of the Revised Code. ELECTRIC LIGHT COMPANIES SHALL MAKE THOSE RECORDS, DOCUMENTS, RETURNS, AND REPORTS OPEN TO INSPECTION BY THE TAX COMMISSIONER DURING NORMAL BUSINESS HOURS, AND SHALL PRESERVE THOSE RECORDS, DOCUMENTS, RETURNS, AND REPORTS FOR A PERIOD OF THREE YEARS AFTER THE DATE THE RETURN OR REPORT, OR RETURN OR REPORT TO WHICH SUCH A RECORD OR DOCUMENT PERTAINS, WAS REQUIRED TO BE FILED OR ACTUALLY WAS FILED, WHICHEVER IS LATER. THE TAX COMMISSIONER MAY CONSENT IN WRITING TO THE DESTRUCTION OF SUCH RECORDS, DOCUMENTS, RETURNS, OR REPORTS WITHIN THAT THREE-YEAR PERIOD.

(H) THE TAX COMMISSIONER SHALL ADMINISTER AND ENFORCE SECTIONS 718.21 TO 718.30 of the Revised Code. IN ADDITION TO ANY OTHER POWERS CONFERRED BY LAW ON THE TAX COMMISSIONER, THE TAX COMMISSIONER MAY PRESCRIBE ALL FORMS REQUIRED TO BE FILED UNDER THOSE SECTIONS, ADOPT RULES THAT, IN THE OPINION OF THE TAX COMMISSIONER, ARE NECESSARY TO CARRY OUT THOSE SECTIONS, AND APPOINT AND EMPLOY SUCH PERSONNEL AS MAY BE NECESSARY TO CARRY OUT THE TAX COMMISSIONER'S DUTIES UNDER THOSE SECTIONS.

Sec. 718.22.(A) AS USED IN THIS SECTION, "COMBINED TAX LIABILITY FOR THE PRECEDING TAX YEAR" MEANS THE TOTAL OF THE TAX LIABILITIES FOR THE PRECEDING TAX YEAR TO ALL MUNICIPAL CORPORATIONS TO WHICH AN ELECTRIC LIGHT COMPANY'S NET INCOME IS APPORTIONED FOR THAT YEAR UNDER SECTION 718.21 of the Revised Code.

(B) EACH ELECTRIC LIGHT COMPANY SHALL REPORT AND REMIT ESTIMATED TAXES FOR EACH YEAR AS REQUIRED BY DIVISION (C) OR (D) OF THIS SECTION, OR AS REQUIRED BY THE LAWS OF EACH MUNICIPAL CORPORATION TO WHICH THE COMPANY'S NET INCOME IS APPORTIONED UNDER SECTION 718.21 of the Revised Code.

(C)(1) SUBJECT TO DIVISIONS (C)(2) AND (D) OF THIS SECTION, A DECLARATION OF ESTIMATED TAX SHALL BE FILED WITH, AND PAYMENTS OF ESTIMATED TAX SHALL BE REMITTED TO, THE TAX COMMISSIONER ON OR BEFORE THE FIFTEENTH DAY OF APRIL, JUNE, SEPTEMBER, AND DECEMBER OF EACH YEAR IN AN AMOUNT EQUAL TO TWENTY-FIVE PER CENT OF THE COMBINED TAX LIABILITY FOR THE PRECEDING TAX YEAR. NOTWITHSTANDING ANY OTHER SECTION IN THIS CHAPTER, NO PENALTY OR INTEREST SHALL BE IMPOSED ON AN ELECTRIC LIGHT COMPANY IF THE ESTIMATED TAX IS PAID WITHIN THE TIME PRESCRIBED BY THIS DIVISION AND THE TOTAL AMOUNT OF ESTIMATED TAX PAID FOR THE TAX YEAR EQUALS AT LEAST ONE HUNDRED PER CENT OF THE COMPANY'S COMBINED TAX LIABILITY FOR THE PRECEDING TAX YEAR.

(2) IN MAKING ESTIMATED TAX PAYMENTS IN CALENDAR YEARS 2002 AND 2003 AT THE TIMES PRESCRIBED BY DIVISION (C)(1) OF THIS SECTION, AN ELECTRIC LIGHT COMPANY SHALL MAKE A GOOD FAITH ESTIMATE OF ITS COMBINED TAX LIABILITY TO ALL MUNICIPAL CORPORATIONS FOR TAX YEARS 2003 AND 2004, AND REMIT ESTIMATED TAXES AT EACH OF THOSE TIMES IN AN AMOUNT EQUAL TO TWENTY PER CENT OF THE GOOD FAITH ESTIMATE IN LIEU OF THE AMOUNT OTHERWISE PRESCRIBED BY THAT DIVISION. NOTWITHSTANDING ANY OTHER SECTION IN THIS CHAPTER, NO PENALTY OR INTEREST SHALL BE IMPOSED ON AN ELECTRIC LIGHT COMPANY IF THE AMOUNT PAID UNDER DIVISION (C)(2) OF THIS SECTION EQUALS AT LEAST EIGHTY PER CENT OF THE COMPANY'S COMBINED TAX LIABILITY TO ALL MUNICIPAL CORPORATIONS FOR TAX YEAR 2003.

(3) ANY ELECTRIC LIGHT COMPANY REQUIRED BY DIVISION (C)(1) OR (2) OF THIS SECTION TO MAKE AN ESTIMATED TAX PAYMENT OF MORE THAN FOUR THOUSAND DOLLARS SHALL REMIT THE PAYMENT BY ELECTRONIC FUNDS TRANSFER AS PRESCRIBED BY SECTION 718.222 of the Revised Code.

(D) DIVISION (D) OF THIS SECTION DOES NOT APPLY TO ESTIMATED TAX PAYMENTS MADE IN 2002 OR 2003.

(1) IF, IN THE PRECEDING YEAR, AN ELECTRIC LIGHT COMPANY WAS NOT SUBJECT TO INCOME TAXATION BY ANY MUNICIPAL CORPORATION IN THIS STATE BUT IS SUBJECT TO A MUNICIPAL CORPORATION'S INCOME TAX IN THE CURRENT YEAR, THE COMPANY MAY FILE A DECLARATION OF ESTIMATED TAXES AND REMIT ESTIMATED TAXES AS PRESCRIBED BY DIVISIONS (C)(1) AND (3) OF THIS SECTION, BUT SHALL COMPUTE THE AMOUNT OF PAYMENT ON THE BASIS OF THE COMPANY'S ESTIMATE, MADE IN GOOD FAITH, OF THE TOTAL LIABILITY FOR THE CURRENT YEAR TO ALL MUNICIPAL CORPORATIONS IN LIEU OF THE COMBINED TAX LIABILITY FOR THE PRECEDING YEAR.

(2) IF A COMPANY IS SUBJECT TO A MUNICIPAL CORPORATION'S INCOME TAX IN THE CURRENT YEAR BUT ITS NET INCOME WAS NOT APPORTIONED TO THAT MUNICIPAL CORPORATION IN THE PRECEDING YEAR, THE COMPANY SHALL REMIT ESTIMATED TAXES TO THAT MUNICIPAL CORPORATION ON OR BEFORE EACH OF THE DATES PRESCRIBED IN DIVISIONS (C)(1) TO (4) OF THIS SECTION IN AN AMOUNT THAT THE COMPANY ESTIMATES, IN GOOD FAITH, TO EQUAL TWENTY-FIVE PER CENT OF ITS TAX LIABILITY TO THAT MUNICIPAL CORPORATION FOR THE CURRENT YEAR.

(E) NOT LATER THAN THE FIFTEENTH DAY OF JANUARY, MAY, JULY, AND OCTOBER OF EACH YEAR, THE TAX COMMISSIONER SHALL DETERMINE THE PORTION OF THE REMITTANCES RECEIVED DURING THE ESTIMATED TAX PAYMENT PERIOD ENDING ON THE FIFTEENTH DAY OF THE PRECEDING MONTH AND NOT PREVIOUSLY PAID UNDER THIS DIVISION THAT SHALL BE PAID TO EACH MUNICIPAL CORPORATION, AND SHALL PROVIDE FOR PAYMENT OF THAT AMOUNT TO THE MUNICIPAL CORPORATION FROM THE MUNICIPAL INCOME TAX FUND. THE AMOUNT PAID TO A MUNICIPAL CORPORATION SHALL BE DETERMINED ON THE BASIS OF THE PAYROLL AND PROPERTY FACTORS REPORTED IN THE MOST RECENTLY FILED APPORTIONMENT OF INCOME REPORT REQUIRED UNDER SECTION 718.21 of the Revised Code. THE TAX COMMISSIONER SHALL DETERMINE THE AMOUNT TO BE RETAINED IN THE MUNICIPAL INCOME TAX FUND NECESSARY TO PAY REFUNDS OF MUNICIPAL INCOME TAXES TO ELECTRIC LIGHT COMPANIES, AND SHALL ADJUST ANY PAYMENTS MADE UNDER THIS DIVISION TO CORRECT ANY OVERPAYMENTS PREVIOUSLY MADE TO A MUNICIPAL CORPORATION.

Sec. 718.221.THE TAX COMMISSIONER MAY DESIGNATE AN AGENCY REPRESENTING MUNICIPAL CORPORATIONS TO PERFORM THE DUTIES PRESCRIBED BY THIS SECTION. THE AGENCY SHALL REPRESENT ALL MUNICIPAL CORPORATIONS THAT IMPOSE AN INCOME TAX AND TO WHICH THE NET INCOME OF AN ELECTRIC LIGHT COMPANY IS APPORTIONED UNDER SECTION 718.21 of the Revised Code UNLESS THE TAX COMMISSIONER FINDS THAT THE DESIGNATION OF AN AGENCY THAT DOES NOT REPRESENT ALL SUCH MUNICIPAL CORPORATIONS IS NOT LIKELY TO EXCESSIVELY IMPAIR THE ABILITY OF TAXPAYERS TO COMPLY WITH THE REQUIREMENTS OF SECTIONS 718.21 AND 718.22 of the Revised Code.

IF THE TAX COMMISSIONER DESIGNATES SUCH AN AGENCY, THE AGENCY SHALL DETERMINE THE APPORTIONMENT OF THE INCOME OF EACH ELECTRIC LIGHT COMPANY IN THE MANNER PRESCRIBED BY DIVISION (B) OF SECTION 718.21 of the Revised Code; MAIL CERTIFICATES OF APPORTIONMENT OR SIMILAR NOTICES TO MUNICIPAL CORPORATIONS AND COMPANIES; PRESCRIBE THE FORM OF THE DECLARATION OF ESTIMATED TAX REPORTS AND RECEIVE SUCH REPORTS FROM COMPANIES; PRESCRIBE THE FORM OF ANNUAL REPORTS AND RECEIVE SUCH REPORTS FROM COMPANIES; CREDIT REMITTANCES TO A FUND OR ACCOUNT ESTABLISHED AND MAINTAINED AND HELD IN TRUST BY THE AGENCY FOR MUNICIPAL CORPORATIONS; AND DISTRIBUTE MONEY FROM THE FUND OR ACCOUNT TO EACH MUNICIPAL CORPORATION ENTITLED TO REVENUE FROM THE TAXATION OF APPORTIONED INCOME IN THE AMOUNT APPORTIONED TO THAT MUNICIPAL CORPORATION.

AN AGENCY DESIGNATED UNDER THIS SECTION IS AN AGENT OF THE TAX COMMISSIONER AND IS SUBJECT TO SECTION 5703.21 of the Revised Code.

Sec. 718.222. AN ELECTRIC LIGHT COMPANY REQUIRED BY SECTION 718.22 of the Revised Code TO REMIT ESTIMATED TAX PAYMENTS BY ELECTRONIC FUNDS TRANSFER SHALL REMIT SUCH PAYMENTS TO THE TREASURER OF STATE IN THE MANNER PRESCRIBED BY RULES ADOPTED BY THE TREASURER UNDER SECTION 113.061 of the Revised Code. EXCEPT AS OTHERWISE PROVIDED IN THIS PARAGRAPH, THE PAYMENT OF TAXES BY ELECTRONIC FUNDS TRANSFER DOES NOT AFFECT A COMPANY'S OBLIGATION TO FILE REPORTS UNDER SECTIONS 718.21 TO 718.30 of the Revised Code.

THE TREASURER OF STATE, IN CONSULTATION WITH THE TAX COMMISSIONER, MAY ADOPT RULES GOVERNING THE FORMAT FOR REPORTING AND PAYING ESTIMATED TAXES BY ELECTRONIC FUNDS TRANSFER.

AN ELECTRIC LIGHT COMPANY REQUIRED TO REMIT TAXES BY ELECTRONIC FUNDS TRANSFER MAY APPLY TO THE TREASURER OF STATE IN THE MANNER PRESCRIBED BY THE TREASURER TO BE EXCUSED FROM THAT REQUIREMENT. THE TREASURER OF STATE MAY EXCUSE THE COMPANY FROM THE REQUIREMENT FOR GOOD CAUSE SHOWN FOR THE PERIOD OF TIME REQUESTED BY THE COMPANY OR FOR A PORTION OF THAT PERIOD. THE TREASURER SHALL NOTIFY THE TAX COMMISSIONER AND THE TAXPAYER OF THE TREASURER'S DECISION AS SOON AS IS PRACTICABLE.

IF AN ELECTRIC LIGHT COMPANY REQUIRED BY THIS SECTION TO REMIT TAXES BY ELECTRONIC FUNDS TRANSFER REMITS THOSE TAXES BY SOME MEANS OTHER THAN BY ELECTRONIC FUNDS TRANSFER AS PRESCRIBED BY THIS SECTION AND THE RULES ADOPTED BY THE TREASURER OF STATE, AND THE TREASURER DETERMINES THAT SUCH FAILURE WAS NOT DUE TO REASONABLE CAUSE OR WAS DUE TO WILLFUL NEGLECT, THE TREASURER SHALL NOTIFY THE TAX COMMISSIONER OF THE FAILURE TO REMIT BY ELECTRONIC FUNDS TRANSFER AND SHALL PROVIDE THE COMMISSIONER WITH ANY INFORMATION USED IN MAKING THAT DETERMINATION. THE TAX COMMISSIONER MAY COLLECT AN ADDITIONAL CHARGE BY ASSESSMENT IN THE MANNER PRESCRIBED BY SECTION 718.23 of the Revised Code. THE ADDITIONAL CHARGE SHALL EQUAL FIVE PER CENT OF THE AMOUNT OF THE TAXES OR ESTIMATED TAX PAYMENTS REQUIRED TO BE PAID BY ELECTRONIC FUNDS TRANSFER, BUT SHALL NOT EXCEED FIVE THOUSAND DOLLARS. ANY ADDITIONAL CHARGE ASSESSED UNDER THIS SECTION IS IN ADDITION TO ANY OTHER PENALTY OR CHARGE IMPOSED UNDER THIS CHAPTER, AND SHALL BE CONSIDERED AS REVENUE ARISING FROM MUNICIPAL INCOME TAXES COLLECTED UNDER SECTIONS 718.21 TO 718.30 of the Revised Code. THE TAX COMMISSIONER MAY REMIT ALL OR A PORTION OF SUCH A CHARGE AND MAY ADOPT RULES GOVERNING SUCH REMISSION.

NO ADDITIONAL CHARGE SHALL BE ASSESSED UNDER THIS SECTION AGAINST A COMPANY THAT HAS BEEN NOTIFIED OF ITS OBLIGATION TO REMIT TAXES UNDER THIS SECTION AND THAT REMITS ITS FIRST TWO TAX PAYMENTS AFTER SUCH NOTIFICATION BY SOME MEANS OTHER THAN ELECTRONIC FUNDS TRANSFER. THE ADDITIONAL CHARGE MAY BE ASSESSED UPON THE REMITTANCE OF ANY SUBSEQUENT TAX PAYMENT THAT THE COMPANY REMITS BY SOME MEANS OTHER THAN ELECTRONIC FUNDS TRANSFER.

Sec. 718.23. (A) IF ANY ELECTRIC LIGHT COMPANY REQUIRED TO FILE A REPORT UNDER SECTION 718.21 OR DIVISION (C) OR (D)(1) OF SECTION 718.22 of the Revised Code FAILS TO FILE THE REPORT WITHIN THE TIME PRESCRIBED, FILES AN INCORRECT REPORT, OR FAILS TO REMIT THE FULL AMOUNT OF THE TAX DUE FOR THE PERIOD COVERED BY THE REPORT, THE TAX COMMISSIONER MAY MAKE AN ASSESSMENT AGAINST THE COMPANY FOR ANY DEFICIENCY FOR THE PERIOD FOR WHICH THE REPORT OR TAX IS DUE, BASED UPON ANY INFORMATION IN THE COMMISSIONER'S POSSESSION.

THE TAX COMMISSIONER SHALL NOT MAKE OR ISSUE AN ASSESSMENT AGAINST A COMPANY MORE THAN THREE YEARS AFTER THE LATER OF THE FINAL DATE THE REPORT SUBJECT TO ASSESSMENT WAS REQUIRED TO BE FILED OR THE DATE THE REPORT WAS FILED. SUCH TIME LIMIT MAY BE EXTENDED IF BOTH THE COMPANY AND THE COMMISSIONER CONSENT IN WRITING TO THE EXTENSION. ANY SUCH EXTENSION SHALL EXTEND THE THREE-YEAR TIME LIMIT IN SECTION 718.28 OF THE REVISED CODE FOR THE SAME PERIOD OF TIME. THERE SHALL BE NO BAR OR LIMIT TO AN ASSESSMENT AGAINST A COMPANY THAT FAILS TO FILE A REPORT SUBJECT TO ASSESSMENT AS REQUIRED BY SECTIONS 718.21 TO 718.30 of the Revised Code, OR THAT FILES A FRAUDULENT REPORT. THE COMMISSIONER SHALL GIVE THE COMPANY ASSESSED WRITTEN NOTICE OF THE ASSESSMENT BY PERSONAL SERVICE OR CERTIFIED MAIL.

(B) UNLESS THE COMPANY TO WHICH THE NOTICE OF ASSESSMENT IS DIRECTED FILES WITH THE COMMISSIONER WITHIN THIRTY DAYS AFTER SERVICE THEREOF, EITHER PERSONALLY OR BY CERTIFIED MAIL, A PETITION FOR REASSESSMENT IN WRITING, SIGNED BY THE AUTHORIZED AGENT OF THE COMPANY ASSESSED HAVING KNOWLEDGE OF THE FACTS, AND MAKES PAYMENT OF THE PORTION OF THE ASSESSMENT REQUIRED BY DIVISION (E) OF THIS SECTION, THE ASSESSMENT SHALL BECOME FINAL, AND THE AMOUNT OF THE ASSESSMENT SHALL BE DUE AND PAYABLE FROM THE COMPANY ASSESSED TO THE TREASURER OF STATE. THE PETITION SHALL INDICATE THE COMPANY'S OBJECTIONS, BUT ADDITIONAL OBJECTIONS MAY BE RAISED IN WRITING IF RECEIVED PRIOR TO THE DATE SHOWN ON THE FINAL DETERMINATION BY THE COMMISSIONER.

UNLESS THE PETITIONER WAIVES A HEARING, THE COMMISSIONER SHALL ASSIGN A TIME AND PLACE FOR THE HEARING ON THE PETITION AND NOTIFY THE PETITIONER OF THE TIME AND PLACE OF THE HEARING BY PERSONAL SERVICE OR CERTIFIED MAIL, BUT THE COMMISSIONER MAY CONTINUE THE HEARING FROM TIME TO TIME IF NECESSARY.

THE COMMISSIONER MAY MAKE SUCH CORRECTION TO THE ASSESSMENT AS THE COMMISSIONER FINDS PROPER. THE COMMISSIONER SHALL SERVE A COPY OF THE FINAL DETERMINATION ON THE PETITIONER BY PERSONAL SERVICE OR BY CERTIFIED MAIL, AND THE COMMISSIONER'S DECISION IN THE MATTER SHALL BE FINAL, SUBJECT TO APPEAL AS PROVIDED IN SECTION 5717.02 OF THE REVISED CODE. ONLY OBJECTIONS DECIDED ON THE MERITS BY THE BOARD OF TAX APPEALS OR A COURT SHALL BE GIVEN COLLATERAL ESTOPPEL OR RES JUDICATA EFFECT IN CONSIDERING AN APPLICATION FOR REFUND OF AMOUNTS PAID PURSUANT TO THE ASSESSMENT.

(C) AFTER AN ASSESSMENT BECOMES FINAL, IF ANY PORTION OF THE ASSESSMENT REMAINS UNPAID, INCLUDING ACCRUED INTEREST, A CERTIFIED COPY OF THE COMMISSIONER'S ENTRY MAKING THE ASSESSMENT FINAL MAY BE FILED IN THE OFFICE OF THE CLERK OF THE COURT OF COMMON PLEAS IN THE COUNTY IN WHICH THE COMPANY HAS AN OFFICE OR PLACE OF BUSINESS IN THIS STATE, THE COUNTY IN WHICH THE COMPANY'S STATUTORY AGENT IS LOCATED, OR FRANKLIN COUNTY.

IMMEDIATELY UPON THE FILING OF THE ENTRY, THE CLERK SHALL ENTER A JUDGMENT AGAINST THE COMPANY ASSESSED IN THE AMOUNT SHOWN ON THE ENTRY. THE JUDGMENT MAY BE FILED BY THE CLERK IN A LOOSE-LEAF BOOK ENTITLED "SPECIAL JUDGMENTS FOR MUNICIPAL INCOME TAXES," AND SHALL HAVE THE SAME EFFECT AS OTHER JUDGMENTS. EXECUTION SHALL ISSUE UPON THE JUDGMENT UPON THE REQUEST OF THE TAX COMMISSIONER, AND ALL LAWS APPLICABLE TO SALES ON EXECUTION SHALL APPLY TO SALES MADE UNDER THE JUDGMENT.

THE PORTION OF AN ASSESSMENT NOT PAID WITHIN THIRTY DAYS AFTER THE DAY THE ASSESSMENT WAS ISSUED SHALL BEAR INTEREST AT THE RATE PER ANNUM PRESCRIBED BY SECTION 5703.47 OF THE REVISED CODE FROM THE DAY THE TAX COMMISSIONER ISSUES THE ASSESSMENT UNTIL THE ASSESSMENT IS PAID. INTEREST SHALL BE PAID IN THE SAME MANNER AS THE TAX AND MAY BE COLLECTED BY ISSUING AN ASSESSMENT UNDER THIS SECTION.

(D) ALL MONEY COLLECTED UNDER THIS SECTION SHALL BE CREDITED AS PRESCRIBED BY DIVISION (D) OF SECTION 718.21 of the Revised Code.

(E) THE PORTION OF AN ASSESSMENT WHICH MUST BE PAID UPON THE FILING OF A PETITION FOR REASSESSMENT SHALL BE AS FOLLOWS:

(1) IF THE SOLE ITEM OBJECTED TO IS THE ASSESSED PENALTY OR INTEREST, FULL PAYMENT OF THE ASSESSMENT INCLUDING PENALTY AND INTEREST IS REQUIRED.

(2) IF THE COMPANY THAT IS ASSESSED FAILED TO FILE, PRIOR TO THE DATE OF ISSUANCE OF THE ASSESSMENT, THE ANNUAL REPORT REQUIRED BY SECTION 718.21 OF THE REVISED CODE, FULL PAYMENT OF THE ASSESSMENT INCLUDING PENALTY AND INTEREST IS REQUIRED.

(3) IF THE COMPANY THAT IS ASSESSED FILED, PRIOR TO THE DATE OF ISSUANCE OF THE ASSESSMENT, THE ANNUAL REPORT REQUIRED BY SECTION 718.21 OF THE REVISED CODE, AND A BALANCE OF THE TAXES SHOWN DUE ON THE REPORTS AS COMPUTED ON THE REPORTS REMAINS UNPAID, PAYMENT OF ONLY THAT PORTION OF THE ASSESSMENT REPRESENTING THE UNPAID BALANCE IS REQUIRED.

(4) IF NONE OF THE CONDITIONS SPECIFIED IN DIVISIONS (E)(1) TO (3) OF THIS SECTION APPLY, NO PAYMENT IS REQUIRED.

(F) NOTWITHSTANDING THE FACT THAT A PETITION FOR REASSESSMENT IS PENDING, THE COMPANY MAY PAY ALL OR A PORTION OF THE ASSESSMENT THAT IS THE SUBJECT OF THE PETITION. THE ACCEPTANCE OF A PAYMENT BY THE TREASURER OF STATE DOES NOT PREJUDICE ANY CLAIM FOR REFUND UPON FINAL DETERMINATION OF THE PETITION.

IF UPON FINAL DETERMINATION OF THE PETITION AN ERROR IN THE ASSESSMENT IS CORRECTED BY THE COMMISSIONER, UPON PETITION SO FILED OR PURSUANT TO A DECISION OF THE BOARD OF TAX APPEALS OR ANY COURT TO WHICH THE DETERMINATION OR DECISION HAS BEEN APPEALED, SO THAT THE AMOUNT DUE FROM THE COMPANY UNDER THE CORRECTED ASSESSMENT IS LESS THAN THE PORTION PAID, THERE SHALL BE ISSUED TO THE COMPANY, ITS ASSIGNS, OR LEGAL REPRESENTATIVE A REFUND IN THE AMOUNT OF THE OVERPAYMENT AS PROVIDED BY SECTION 781.28 OF THE REVISED CODE, WITH INTEREST ON THAT AMOUNT AS PROVIDED BY SECTION 718.24 OF THE REVISED CODE.

Sec. 718.24. (A) IF THE TAX REQUIRED TO BE PAID UNDER SECTION 718.21 OR 718.22 OF THE REVISED CODE, OR ANY PORTION OF THAT TAX, WHETHER DETERMINED BY THE TAX COMMISSIONER OR THE TAXPAYER, IS NOT PAID ON OR BEFORE THE DATE PRESCRIBED FOR ITS PAYMENT, INTEREST SHALL BE ASSESSED, COLLECTED, AND PAID, IN THE SAME MANNER AS THE TAX, UPON SUCH UNPAID AMOUNT AT THE RATE PER ANNUM PRESCRIBED BY SECTION 5703.47 OF THE REVISED CODE FROM THE DATE PRESCRIBED FOR ITS PAYMENT UNTIL IT IS PAID OR UNTIL THE DAY AN ASSESSMENT IS ISSUED UNDER SECTION 718.23 OF THE REVISED CODE, WHICHEVER OCCURS FIRST.

(B) INTEREST SHALL BE ALLOWED AND PAID AT THE RATE PER ANNUM PRESCRIBED BY SECTION 5703.47 OF THE REVISED CODE UPON AMOUNTS REFUNDED WITH RESPECT TO THE TAX REQUIRED TO BE PAID UNDER SECTION 718.21 OF THE REVISED CODE. THE INTEREST SHALL RUN FROM WHICHEVER OF THE FOLLOWING DATES IS THE LATEST UNTIL THE DATE THE REFUND IS PAID: THE DATE OF THE ILLEGAL, ERRONEOUS, OR EXCESSIVE PAYMENT; THE NINETIETH DAY AFTER THE FINAL DATE THE ANNUAL REPORT UNDER SECTION 718.21 OF THE REVISED CODE WAS REQUIRED TO BE FILED; OR THE NINETIETH DAY AFTER THE DATE THAT REPORT WAS FILED.

Sec. 718.25. (A) THE FOLLOWING PENALTIES SHALL APPLY UNDER THE CIRCUMSTANCES INDICATED:

(1) IF AN ELECTRIC LIGHT COMPANY REQUIRED TO FILE THE REPORT OR REMIT TAX AS REQUIRED BY SECTION 718.21 OR DIVISION (C) OR (D)(1) OF SECTION 718.22 of the Revised Code FAILS TO MAKE AND FILE THE REPORT WITHIN THE TIME PRESCRIBED, INCLUDING ANY EXTENSIONS OF TIME GRANTED BY THE TAX COMMISSIONER, A PENALTY SHALL BE IMPOSED EQUAL TO THE GREATER OF FIFTY DOLLARS PER MONTH OR FRACTION OF A MONTH, NOT TO EXCEED FIVE HUNDRED DOLLARS, OR FIVE PER CENT PER MONTH OR FRACTION OF A MONTH, NOT TO EXCEED FIFTY PER CENT, OF THE TAX REQUIRED TO BE SHOWN ON THE REPORT, FOR EACH MONTH OR FRACTION OF A MONTH ELAPSING BETWEEN THE DUE DATE, INCLUDING EXTENSIONS OF THE DUE DATE, AND THE DAY ON WHICH THE REPORT IS FILED.

(2) IF AN ELECTRIC LIGHT COMPANY FAILS TO PAY ANY AMOUNT OF ESTIMATED TAX REQUIRED TO BE PAID UNDER DIVISION (C) OR (D)(1) OF SECTION 718.22 OF THE REVISED CODE BY THE DATES PRESCRIBED FOR PAYMENT, A PENALTY SHALL BE IMPOSED EQUAL TO TWICE THE INTEREST CHARGED UNDER DIVISION (A) OF SECTION 718.26 OF THE REVISED CODE FOR THE DELINQUENT PAYMENT.

(3) IF AN ELECTRIC LIGHT COMPANY FILES WHAT PURPORTS TO BE A REPORT REQUIRED BY SECTION 718.21 OR DIVISION (C) OR (D)(1) OF SECTION 718.22 of the Revised Code THAT DOES NOT CONTAIN INFORMATION UPON WHICH THE SUBSTANTIAL CORRECTNESS OF THE REPORT MAY BE JUDGED OR CONTAINS INFORMATION THAT ON ITS FACE INDICATES THAT THE REPORT IS SUBSTANTIALLY INCORRECT, AND THE FILING OF THE REPORT IN THAT MANNER IS DUE TO A POSITION THAT IS FRIVOLOUS OR A DESIRE THAT IS APPARENT FROM THE REPORT TO DELAY OR IMPEDE THE ADMINISTRATION OF SECTIONS 718.21 TO 718.30 of the Revised Code, A PENALTY OF FIVE HUNDRED DOLLARS SHALL BE IMPOSED.

(4) IF AN ELECTRIC LIGHT COMPANY MAKES A FRAUDULENT ATTEMPT TO EVADE THE REPORTING OR PAYMENT OF THE TAX REQUIRED TO BE SHOWN ON ANY REPORT REQUIRED UNDER SECTION 718.21 OR DIVISION (C) OR (D)(1) OF SECTION 718.22 of the Revised Code, A PENALTY SHALL BE IMPOSED EQUAL TO THE GREATER OF ONE THOUSAND DOLLARS OR ONE HUNDRED PER CENT OF THE TAX REQUIRED TO BE SHOWN ON THE REPORT.

(5) IF ANY PERSON MAKES A FALSE OR FRAUDULENT CLAIM FOR A REFUND UNDER SECTION 718.28 of the Revised Code, A PENALTY SHALL BE IMPOSED EQUAL TO THE GREATER OF ONE THOUSAND DOLLARS OR ONE HUNDRED PER CENT OF THE CLAIM. THE PENALTY IMPOSED UNDER DIVISION (A)(5) OF THIS SECTION, ANY REFUND ISSUED ON THE CLAIM, AND INTEREST ON ANY REFUND FROM THE DATE OF THE REFUND, MAY BE ASSESSED UNDER SECTION 718.23 OF THE REVISED CODE WITHOUT REGARD TO ANY TIME LIMITATION FOR THE ASSESSMENT IMPOSED BY DIVISION (A) OF THAT SECTION.

(B) FOR THE PURPOSES OF THIS SECTION, THE TAX REQUIRED TO BE SHOWN ON THE REPORT SHALL BE REDUCED BY THE AMOUNT OF ANY PART OF THE TAX PAID ON OR BEFORE THE DATE, INCLUDING EXTENSIONS OF THE DATE, PRESCRIBED FOR FILING THE REPORT.

(C) EACH PENALTY IMPOSED UNDER THIS SECTION SHALL BE IN ADDITION TO ANY OTHER PENALTY PROVIDED IN THIS SECTION. ALL OR PART OF ANY PENALTY IMPOSED UNDER THIS SECTION SHALL BE ABATED BY THE COMMISSIONER IF THE TAXPAYER SHOWS THAT THE FAILURE TO COMPLY WITH SECTIONS 718.21 TO 718.30 of the Revised Code IS DUE TO REASONABLE CAUSE AND NOT WILLFUL NEGLECT.

(D) ALL AMOUNTS COLLECTED UNDER THIS SECTION SHALL BE CONSIDERED AS TAXES COLLECTED UNDER SECTIONS 718.21 TO 718.30 of the Revised Code AND SHALL BE CREDITED AND DISTRIBUTED TO MUNICIPAL CORPORATIONS AS REQUIRED UNDER SECTION 718.21 of the Revised Code.

Sec. 718.26. (A) IN CASE OF ANY UNDERPAYMENT OF THE ESTIMATED TAX REQUIRED UNDER DIVISION (C) OR (D)(1) OF SECTION 718.22 of the Revised Code, THERE SHALL BE ADDED TO THE TAX AN AMOUNT DETERMINED AT THE RATE PER ANNUM PRESCRIBED BY SECTION 5703.47 OF THE REVISED CODE UPON THE AMOUNT OF UNDERPAYMENT FOR THE PERIOD OF UNDERPAYMENT.

(B) THE AMOUNT OF THE UNDERPAYMENT SHALL BE THE EXCESS OF DIVISION (B)(1) OVER DIVISION (B)(2) OF THIS SECTION:

(1) THE AMOUNT OF THE ESTIMATED TAX PAYMENT THAT WOULD BE REQUIRED TO BE PAID IF THE TOTAL ESTIMATED TAX WERE EQUAL TO THE TOTAL TAX SHOWN TO BE DUE ON THE REPORT REQUIRED TO BE FILED, OR IF NO REPORT WAS FILED, THE TAX FOR SUCH YEAR;

(2) THE AMOUNT, IF ANY, OF THE ESTIMATED TAX PAID ON OR BEFORE THE LAST DAY PRESCRIBED FOR SUCH PAYMENT.

(C) THE PERIOD OF THE UNDERPAYMENT SHALL RUN FROM THE DATE THE ESTIMATED TAX PAYMENT WAS REQUIRED TO BE MADE TO THE DATE ON WHICH SUCH PAYMENT IS MADE. FOR PURPOSES OF THIS SECTION, A PAYMENT OF ESTIMATED TAX ON ANY PAYMENT DATE SHALL BE CONSIDERED A PAYMENT OF ANY PREVIOUS UNDERPAYMENT ONLY TO THE EXTENT SUCH PAYMENT EXCEEDS THE AMOUNT OF THE PAYMENT PRESENTLY DUE.

(D) ALL AMOUNTS COLLECTED UNDER THIS SECTION SHALL BE CONSIDERED AS TAXES COLLECTED UNDER SECTIONS 718.21 TO 718.30 of the Revised Code AND SHALL BE CREDITED AS REQUIRED UNDER SECTION 718.21 of the Revised Code.

Sec. 718.27. EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION, IF ANY REPORT, CLAIM, STATEMENT, OR OTHER DOCUMENT REQUIRED TO BE FILED, OR ANY PAYMENT REQUIRED TO BE MADE, WITHIN A PRESCRIBED PERIOD OR ON OR BEFORE A PRESCRIBED DATE UNDER SECTION 718.21 OR DIVISION (C) OR (D)(1) OF SECTION 718.22 of the Revised Code IS, AFTER SUCH PERIOD OR SUCH DATE, DELIVERED BY UNITED STATES MAIL TO THE AGENCY, OFFICER, OR OFFICE WITH WHICH SUCH REPORT, CLAIM, STATEMENT, OR OTHER DOCUMENT IS REQUIRED TO BE FILED, OR TO WHICH SUCH PAYMENT IS REQUIRED TO BE MADE, THE DATE OF THE POSTMARK STAMPED ON THE COVER IN WHICH SUCH REPORT, CLAIM, STATEMENT, OR OTHER DOCUMENT, OR PAYMENT IS MAILED SHALL BE DEEMED THE DATE OF DELIVERY OR THE DATE OF PAYMENT.

"THE DATE OF THE POSTMARK" MEANS, IN THE EVENT THERE IS MORE THAN ONE DATE ON THE COVER, THE EARLIEST DATE IMPRINTED ON THE COVER BY THE POST OFFICE.

Sec. 718.28.AN APPLICATION TO REFUND TO AN ELECTRIC COMPANY OR COMBINED COMPANY THE AMOUNT OF TAXES OVERPAID, PAID ILLEGALLY OR ERRONEOUSLY, OR PAID ON ANY ILLEGAL, ERRONEOUS, OR EXCESSIVE ASSESSMENT, WITH INTEREST ON THAT AMOUNT AS PROVIDED BY SECTION 718.24 OF THE REVISED CODE, SHALL BE FILED WITH THE TAX COMMISSIONER WITHIN THREE YEARS AFTER THE DATE OF THE ILLEGAL, ERRONEOUS, OR EXCESSIVE PAYMENT OF THE TAX, OR WITHIN ANY ADDITIONAL PERIOD ALLOWED BY DIVISION (A) OF SECTION 718.23 OF THE REVISED CODE. THE APPLICATION SHALL BE FILED IN THE FORM PRESCRIBED BY THE TAX COMMISSIONER.

UPON THE FILING OF A REFUND APPLICATION, THE TAX COMMISSIONER SHALL DETERMINE THE AMOUNT OF REFUND DUE AND CERTIFY THE AMOUNT OF THE REFUND TO THE DIRECTOR OF BUDGET AND MANAGEMENT AND TREASURER OF STATE FOR PAYMENT FROM THE MUNICIPAL INCOME TAX FUND CREATED UNDER SECTION 718.21 OF THE REVISED CODE. THE REFUND SHALL BE APPORTIONED AMONG THE MUNICIPAL CORPORATIONS IN THE PROPORTIONS IN WHICH THE TAX WAS APPORTIONED UNDER DIVISION (B) OF SECTION 718.21 OF THE REVISED CODE, AND THE PROPORTIONATE SHARES DEDUCTED FROM THE RESPECTIVE AMOUNTS SUBSEQUENTLY DUE EACH MUNICIPAL CORPORATION FROM THE MUNICIPAL INCOME TAX FUND UNDER DIVISION (D) OF SECTION 718.21 OF THE REVISED CODE.

Sec. 718.29.ANY MUNICIPAL CORPORATION IN WHICH AN ELECTRIC LIGHT COMPANY CONDUCTS BUSINESS MAY REQUEST A REVIEW AND REDETERMINATION OF THE TAX COMMISSIONER'S APPORTIONMENT OF THE COMPANY'S NET INCOME BY FILING A PETITION WITH THE TAX COMMISSIONER NOT LATER THAN THIRTY DAYS AFTER THE TAX COMMISSIONER ISSUES THE CERTIFICATE OF APPORTIONMENT PURSUANT TO DIVISION (B) OF SECTION 718.21 of the Revised Code. THE PETITION SHALL BE FILED EITHER PERSONALLY OR BY CERTIFIED MAIL. THE PETITION SHALL INDICATE THE OBJECTIONS OF THE MUNICIPAL CORPORATION.

UPON RECEIVING SUCH A PETITION, THE TAX COMMISSIONER SHALL ASSIGN A TIME AND PLACE FOR A HEARING ON THE PETITION AND SHALL NOTIFY THE PETITIONER OF THE TIME AND PLACE OF THE HEARING BY ORDINARY MAIL. THE TAX COMMISSIONER MAY CONTINUE THE HEARING FROM TIME TO TIME AS NECESSARY. THE TAX COMMISSIONER SHALL MAKE ANY CORRECTION TO THE CERTIFICATE OF APPORTIONMENT THAT THE COMMISSIONER FINDS PROPER, AND, IF THE CERTIFICATE IS CORRECTED, THE TAX COMMISSIONER SHALL ISSUE A CORRECTED CERTIFICATE OF APPORTIONMENT BY CERTIFIED MAIL TO THE PETITIONER, TO EACH OTHER MUNICIPAL CORPORATION AFFECTED BY THE CORRECTION OF THE APPORTIONMENT, AND TO THE COMPANY. THE TAX COMMISSIONER'S DECISION ON THE MATTER IS FINAL, SUBJECT TO APPEAL AS PROVIDED IN SECTION 5717.02 of the Revised Code.

Sec. 718.30. IF ANY OF THE FACTS, FIGURES, COMPUTATIONS, OR ATTACHMENTS REQUIRED IN THE REPORT OF AN ELECTRIC LIGHT COMPANY TO DETERMINE THE TAX DUE A MUNICIPAL CORPORATION MUST BE ALTERED AS THE RESULT OF AN ADJUSTMENT TO THE COMPANY'S FEDERAL INCOME TAX RETURN OR CORPORATION FRANCHISE TAX REPORT FILED PURSUANT TO SECTION 5733.02 of the Revised Code, WHETHER THE ADJUSTMENT IS INITIATED BY THE COMPANY, THE INTERNAL REVENUE SERVICE, OR THE TAX COMMISSIONER, AND SUCH ALTERATION AFFECTS THE COMPANY'S TAX LIABILITY TO A MUNICIPAL CORPORATION, THE COMPANY SHALL FILE AN AMENDED REPORT WITH THE TAX COMMISSIONER IN SUCH FORM AS THE COMMISSIONER REQUIRES. THE AMENDED REPORT SHALL BE FILED NOT LATER THAN ONE YEAR AFTER THE ADJUSTMENT HAS BEEN AGREED TO OR FINALLY DETERMINED.

(A) IN THE CASE OF AN UNDERPAYMENT, THE AMENDED REPORT SHALL BE ACCOMPANIED BY PAYMENT OF AN ADDITIONAL TAX AND INTEREST DUE AND IS A REPORT SUBJECT TO ASSESSMENT UNDER SECTION 718.23 of the Revised Code FOR THE PURPOSE OF ASSESSING ANY ADDITIONAL TAX DUE UNDER THIS DIVISION, TOGETHER WITH ANY APPLICABLE PENALTY AND INTEREST. IT SHALL NOT REOPEN THOSE FACTS, FIGURES, COMPUTATIONS, OR ATTACHMENTS FROM A PREVIOUSLY FILED REPORT NO LONGER SUBJECT TO ASSESSMENT THAT ARE NOT AFFECTED, EITHER DIRECTLY OR INDIRECTLY, BY THE ADJUSTMENT TO THE COMPANY'S FEDERAL INCOME TAX RETURN OR CORPORATION FRANCHISE TAX REPORT.

(B) IN THE CASE OF AN OVERPAYMENT, AN APPLICATION FOR REFUND MAY BE FILED UNDER SECTION 718.28 of the Revised Code WITHIN THE ONE-YEAR PERIOD PRESCRIBED FOR FILING THE AMENDED REPORT EVEN IF IT IS FILED BEYOND THE PERIOD PRESCRIBED BY THAT SECTION, IF IT OTHERWISE CONFORMS TO THE REQUIREMENTS OF SUCH SECTION. AN APPLICATION FILED UNDER THIS DIVISION SHALL CLAIM REFUND OF OVERPAYMENTS RESULTING FROM ALTERATIONS TO ONLY THOSE FACTS, FIGURES, COMPUTATIONS, OR ATTACHMENTS REQUIRED IN THE COMPANY'S REPORT THAT ARE AFFECTED, EITHER DIRECTLY OR INDIRECTLY, BY THE ADJUSTMENT TO THE COMPANY'S FEDERAL INCOME TAX RETURN OR CORPORATION FRANCHISE TAX REPORT UNLESS IT IS ALSO FILED WITHIN THE TIME PRESCRIBED BY SECTION 718.28 of the Revised Code. IT SHALL NOT REOPEN THOSE FACTS, FIGURES, COMPUTATIONS, OR ATTACHMENTS THAT ARE NOT AFFECTED, EITHER DIRECTLY OR INDIRECTLY, BY THE ADJUSTMENT TO THE COMPANY'S FEDERAL INCOME TAX RETURN OR CORPORATION FRANCHISE TAX REPORT.

Sec. 5703.21. (A) Except as provided in divisions (B), AND (C), (D), (E), (F), and (G) of this section, no agent of the department of taxation, except in the agent's report to the department or when called on to testify in any court or proceeding, shall divulge any information acquired by the agent as to the transactions, property, or business of any person while acting or claiming to act under orders of the department. Whoever violates this provision shall thereafter be disqualified from acting as an officer or employee or in any other capacity under appointment or employment of the department.

(B)(1) For purposes of an audit pursuant to section 117.15 of the Revised Code, or an audit of the department pursuant to Chapter 117. of the Revised Code, or an audit, pursuant to that chapter, the objective of which is to express an opinion on a financial report or statement prepared or issued pursuant to division (A)(7) or (9) of section 126.21 of the Revised Code, the officers and employees of the auditor of state charged with conducting the audit shall have access to and the right to examine any state tax returns and state tax return information in the possession of the department to the extent that the access and examination are necessary for purposes of the audit. Any information acquired as the result of that access and examination shall not be divulged for any purpose other than as required for the audit or unless the officers and employees are required to testify in a court or proceeding under compulsion of legal process. Whoever violates this provision shall thereafter be disqualified from acting as an officer or employee or in any other capacity under appointment or employment of the auditor of state.

(2) As provided by section 6103(d)(2) of the Internal Revenue Code, any federal tax returns or federal tax information that the department has acquired from the internal revenue service, through federal and state statutory authority, may be disclosed to the auditor of state solely for purposes of an audit of the department.

(C) Division (A) of this section does not prohibit divulging ANY OF THE FOLLOWING:

(1) DIVULGING information contained in applications, complaints, and related documents filed with the department under section 5715.27 of the Revised Code or in applications filed with the department under section 5715.39 of the Revised Code.;

(D) Division (A) of this section does not prohibit the (2) THE department of taxation FROM providing information to the division of child support within the department of job and family services, or a child support enforcement agency, pursuant to division (G)(2) of section 5101.31 of the Revised Code.;

(E) Division (A) of this section does not prohibit the (3) THE disclosure to the board of motor vehicle collision repair registration of any information in the possession of the department that is necessary for the board to verify the existence of an applicant's valid vendor's license and current state tax identification number under section 4775.07 of the Revised Code.;

(F) Division (A) of this section does not prohibit the (4) THE department from providing information to the administrator of workers' compensation pursuant to section 4123.591 of the Revised Code.;

(G) Division (A) of this section does not prohibit the (5) THE department of taxation from providing to the attorney general information the department obtains under division (J) of section 1346.01 of the Revised Code;

(6) THE DEPARTMENT OF TAXATION FROM PERMITTING PROPERLY AUTHORIZED OFFICERS, EMPLOYEES, OR AGENTS OF A MUNICIPAL CORPORATION FROM INSPECTING REPORTS OR INFORMATION PURSUANT TO SECTION 718.07 of the Revised Code.

(B) Each municipal corporation that levies a tax on income on January 1, 2002, shall certify to the Tax Commissioner, on or before December 31, 2001, the rate at which the tax is to be levied for the tax year beginning January 1, 2002.