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H. B. No. 284 As IntroducedAs Introduced
128th General Assembly | Regular Session | 2009-2010 |
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A BILL
To amend section 5747.02 of the Revised Code to
increase the marginal income tax rate applicable
to income in excess of $200,000 to its pre-2005
rate.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 5747.02 of the Revised Code be
amended to read as follows:
Sec. 5747.02. (A) For the purpose of providing revenue for
the
support of schools and local government functions, to provide
relief to property taxpayers, to provide revenue for the general
revenue fund, and to meet the expenses of administering the tax
levied by this chapter, there is hereby levied on every
individual, trust,
and
estate residing in or earning or
receiving
income in
this state, on every individual, trust, and
estate
earning
or receiving
lottery winnings, prizes, or awards
pursuant
to
Chapter 3770. of
the Revised Code, and on every
individual,
trust, and estate
otherwise
having nexus with or in
this state
under the Constitution
of the
United States, an annual
tax
measured in the
case of individuals
by
Ohio adjusted gross income
less
an exemption for the
taxpayer, the
taxpayer's spouse, and
each
dependent as provided in section
5747.025 of the Revised
Code;
measured in the case of trusts by modified
Ohio taxable
income
under
division
(D) of this section; and measured in the
case of
estates
by
Ohio
taxable
income. The tax imposed by this
section on the
balance
thus obtained is
hereby levied as follows:
(1) For taxable years beginning in 2004:
OHIO ADJUSTED GROSS INCOME LESS
EXEMPTIONS (INDIVIDUALS) |
|
OR |
|
MODIFIED
OHIO |
|
TAXABLE INCOME (TRUSTS) |
|
OR |
|
OHIO TAXABLE INCOME (ESTATES) |
TAX |
$5,000 or less |
|
.743% |
More than $5,000 but not more than $10,000 |
|
$37.15 plus 1.486% of the amount in excess of $5,000 |
More than $10,000 but not more than $15,000 |
|
$111.45 plus 2.972% of the amount in excess of $10,000 |
More than $15,000 but not more than $20,000 |
|
$260.05 plus 3.715% of the amount in excess of $15,000 |
More than $20,000 but not more than $40,000 |
|
$445.80 plus 4.457% of the amount in excess of $20,000 |
More than $40,000 but not more than $80,000 |
|
$1,337.20 plus 5.201% of the amount in excess of $40,000 |
More than $80,000 but not more than $100,000 |
|
$3,417.60 plus 5.943% of the amount in excess of $80,000 |
More than $100,000 but not more than $200,000 |
|
$4,606.20 plus 6.9% of the amount in excess of $100,000 |
More than $200,000 |
|
$11,506.20 plus 7.5% of the amount in excess of $200,000 |
(2) For taxable years beginning in 2005:
OHIO ADJUSTED GROSS INCOME LESS
EXEMPTIONS (INDIVIDUALS) |
|
OR |
|
MODIFIED
OHIO |
|
TAXABLE INCOME (TRUSTS) |
|
OR |
|
OHIO TAXABLE INCOME (ESTATES) |
TAX |
$5,000 or less |
|
.712% |
More than $5,000 but not more than $10,000 |
|
$35.60 plus 1.424% of the amount in excess of $5,000 |
More than $10,000 but not more than $15,000 |
|
$106.80 plus 2.847% of the amount in excess of $10,000 |
More than $15,000 but not more than $20,000 |
|
$249.15 plus 3.559% of the amount in excess of $15,000 |
More than $20,000 but not more than $40,000 |
|
$427.10 plus 4.27% of the amount in excess of $20,000 |
More than $40,000 but not more than $80,000 |
|
$1,281.10 plus 4.983% of the amount in excess of $40,000 |
More than $80,000 but not more than $100,000 |
|
$3,274.30 plus 5.693% of the amount in excess of $80,000 |
More than $100,000 but not more than $200,000 |
|
$4,412.90 plus 6.61% of the amount in excess of $100,000 |
More than $200,000 |
|
$11,022.90 plus 7.185% of the amount in excess of $200,000 |
(3) For taxable years beginning in 2006:
OHIO ADJUSTED GROSS INCOME LESS
EXEMPTIONS (INDIVIDUALS) |
|
OR |
|
MODIFIED
OHIO |
|
TAXABLE INCOME (TRUSTS) |
|
OR |
|
OHIO TAXABLE INCOME (ESTATES) |
TAX |
$5,000 or less |
|
.681% |
More than $5,000 but not more than $10,000 |
|
$34.05 plus 1.361% of the amount in excess of $5,000 |
More than $10,000 but not more than $15,000 |
|
$102.10 plus 2.722% of the amount in excess of $10,000 |
More than $15,000 but not more than $20,000 |
|
$238.20 plus 3.403% of the amount in excess of $15,000 |
More than $20,000 but not more than $40,000 |
|
$408.35 plus 4.083% of the amount in excess of $20,000 |
More than $40,000 but not more than $80,000 |
|
$1,224.95 plus 4.764% of the amount in excess of $40,000 |
More than $80,000 but not more than $100,000 |
|
$3,130.55 plus 5.444% of the amount in excess of $80,000 |
More than $100,000 but not more than $200,000 |
|
$4,219.35 plus 6.32% of the amount in excess of $100,000 |
More than $200,000 |
|
$10,539.35 plus 6.87% of the amount in excess of $200,000 |
(4) For taxable years beginning in 2007:
OHIO ADJUSTED GROSS INCOME LESS
EXEMPTIONS (INDIVIDUALS) |
|
OR |
|
MODIFIED
OHIO |
|
TAXABLE INCOME (TRUSTS) |
|
OR |
|
OHIO TAXABLE INCOME (ESTATES) |
TAX |
$5,000 or less |
|
.649% |
More than $5,000 but not more than $10,000 |
|
$32.45 plus 1.299% of the amount in excess of $5,000 |
More than $10,000 but not more than $15,000 |
|
$97.40 plus 2.598% of the amount in excess of $10,000 |
More than $15,000 but not more than $20,000 |
|
$227.30 plus 3.247% of the amount in excess of $15,000 |
More than $20,000 but not more than $40,000 |
|
$389.65 plus 3.895% of the amount in excess of $20,000 |
More than $40,000 but not more than $80,000 |
|
$1,168.65 plus 4.546% of the amount in excess of $40,000 |
More than $80,000 but not more than $100,000 |
|
$2,987.05 plus 5.194% of the amount in excess of $80,000 |
More than $100,000 but not more than $200,000 |
|
$4,025.85 plus 6.031% of the amount in excess of $100,000 |
More than $200,000 |
|
$10,056.85 plus 6.555% of the amount in excess of $200,000 |
(5) For taxable years beginning in 2008:
OHIO ADJUSTED GROSS INCOME LESS
EXEMPTIONS (INDIVIDUALS) |
|
OR |
|
MODIFIED
OHIO |
|
TAXABLE INCOME (TRUSTS) |
|
OR |
|
OHIO TAXABLE INCOME (ESTATES) |
TAX |
$5,000 or less |
|
.618% |
More than $5,000 but not more than $10,000 |
|
$30.90 plus 1.236% of the amount in excess of $5,000 |
More than $10,000 but not more than $15,000 |
|
$92.70 plus 2.473% of the amount in excess of $10,000 |
More than $15,000 but not more than $20,000 |
|
$216.35 plus 3.091% of the amount in excess of $15,000 |
More than $20,000 but not more than $40,000 |
|
$370.90 plus 3.708% of the amount in excess of $20,000 |
More than $40,000 but not more than $80,000 |
|
$1,112.50 plus 4.327% of the amount in excess of $40,000 |
More than $80,000 but not more than $100,000 |
|
$2,843.30 plus 4.945% of the amount in excess of $80,000 |
More than $100,000 but not more than $200,000 |
|
$3,832.30 plus 5.741% of the amount in excess of $100,000 |
More than $200,000 |
|
$9,573.30 plus 6.24% of the amount in excess of $200,000 |
(6) For taxable years beginning in 2009 or thereafter:
OHIO ADJUSTED GROSS INCOME LESS
EXEMPTIONS (INDIVIDUALS) |
|
OR |
|
MODIFIED
OHIO |
|
TAXABLE INCOME (TRUSTS) |
|
OR |
|
OHIO TAXABLE INCOME (ESTATES) |
TAX |
$5,000 or less |
|
.587% |
More than $5,000 but not more than $10,000 |
|
$29.35 plus 1.174% of the amount in excess of $5,000 |
More than $10,000 but not more than $15,000 |
|
$88.05 plus 2.348% of the amount in excess of $10,000 |
More than $15,000 but not more than $20,000 |
|
$205.45 plus 2.935% of the amount in excess of $15,000 |
More than $20,000 but not more than $40,000 |
|
$352.20 plus 3.521% of the amount in excess of $20,000 |
More than $40,000 but not more than $80,000 |
|
$1,056.40 plus 4.109% of the amount in excess of $40,000 |
More than $80,000 but not more than $100,000 |
|
$2,700.00 plus 4.695% of the amount in excess of $80,000 |
More than $100,000 but not more than $200,000 |
|
$3,639.00 plus 5.451% of the amount in excess of $100,000 |
More than $200,000 |
|
$9,090.00 plus 5.925% 7.5% of the amount in excess of $200,000 |
In July of each year, beginning in 2010, the tax
commissioner
shall adjust the income amounts prescribed in this
division by
multiplying the percentage increase in the gross
domestic product
deflator computed that year under section
5747.025 of the Revised
Code by each of the income amounts
resulting from the adjustment
under this division in the preceding
year, adding the resulting
product to the corresponding income
amount resulting from the
adjustment in the preceding year, and
rounding the resulting sum
to the nearest multiple of fifty
dollars. The tax commissioner
also shall recompute each of the
tax dollar amounts to the extent
necessary to reflect the
adjustment of the income amounts. The
rates of taxation shall not
be adjusted.
The adjusted amounts apply to taxable years beginning in the
calendar year in which the adjustments are made. The tax
commissioner shall not make such adjustments in any year in which
the amount resulting from the adjustment would be less than the
amount resulting from the adjustment in the preceding year.
(B) If the director of budget and management makes a
certification to the tax commissioner under division (B)
of
section
131.44 of the Revised Code, the amount of tax as
determined under division (A)
of this section shall be reduced by
the percentage prescribed in that
certification for taxable years
beginning in the calendar year in which that
certification is
made.
(C) The levy of this tax on income does not prevent a
municipal
corporation, a joint economic development zone created
under section 715.691,
or a joint economic development district
created under
section 715.70 or 715.71 or sections 715.72 to
715.81 of the Revised Code from
levying a tax on income.
(D)
This division applies only
to taxable
years of a trust
beginning in 2002 or thereafter.
(1) The tax imposed by this section on a trust shall be
computed
by multiplying the
Ohio modified taxable income of the
trust
by the
rates prescribed by division (A) of this section.
(2) A nonresident trust may claim a credit against
the tax
computed under
division
(D) of this section equal to the
lesser
of (1) the tax
paid to
another state or the District of
Columbia
on
the nonresident trust's
modified nonbusiness
income,
other
than the portion of
the nonresident trust's nonbusiness
income
that is qualifying investment
income as defined in section
5747.012 of the Revised Code, or (2)
the effective tax rate, based
on
modified
Ohio taxable income,
multiplied by the nonresident
trust's modified nonbusiness
income
other than the portion of the
nonresident trust's nonbusiness income that is
qualifying
investment income. The credit applies before any other
applicable
credits.
(3) The credits enumerated in divisions (A)(1) to
(13) of
section 5747.98 of the Revised Code do not apply to a
trust
subject to division (D) of this section.
Any credits
enumerated
in other
divisions of section 5747.98 of the Revised
Code apply
to a trust
subject to division (D) of this
section. To the extent
that the trust
distributes income for the
taxable year for which
a credit is
available to the trust, the
credit shall be shared by
the trust
and its beneficiaries. The tax
commissioner and the
trust shall
be guided by applicable
regulations of the United
States treasury
regarding the sharing of
credits.
(E) For the purposes of this section, "trust" means any
trust
described in Subchapter J
of Chapter 1 of the Internal
Revenue
Code,
excluding
trusts that are not irrevocable as
defined in
division (I)(3)(b) of section 5747.01 of the Revised
Code and that
have no modified Ohio taxable income for the taxable
year,
charitable remainder trusts, qualified funeral trusts and preneed
funeral contract trusts established pursuant to
sections 4717.31
to 4717.38 of
the Revised Code that are not
qualified funeral
trusts, endowment
and perpetual care trusts,
qualified
settlement trusts
and funds,
designated settlement
trusts and
funds, and trusts
exempted from
taxation under section
501(a)
of
the Internal
Revenue Code.
Section 2. That existing section 5747.02 of the Revised Code
is hereby repealed.
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