The online versions of legislation provided on this website are not official. Enrolled bills are the final version passed by the Ohio General Assembly and presented to the Governor for signature. The official version of acts signed by the Governor are available from the Secretary of State's Office in the Continental Plaza, 180 East Broad St., Columbus.
|
Am. Sub. H. B. No. 311 As Enrolled
(130th General Assembly)
(Amended Substitute House Bill Number 311)
AN ACT
To amend sections 323.152 and 4503.065 of the Revised
Code and Section 803.80 of Am. Sub. H.B. 59 of the
130th General Assembly to clarify the effective
date of an income tax deduction, to extend the
availability of a corporation franchise tax
credit, to clarify that a person eligible for the
homestead exemption without income limits
continues to receive that exemption if the
person's homestead changes, and to declare an
emergency.
Be it enacted by the General Assembly of the State of Ohio:
SECTION 1. That sections 323.152 and 4503.065 of the Revised
Code be amended to read as follows:
Sec. 323.152. In addition to the reduction in taxes required
under section 319.302 of the Revised Code, taxes shall be reduced
as provided in divisions (A) and (B) of this section.
(A)(1) Division (A) of this section applies to any of the
following persons:
(a) A person who is permanently and totally disabled;
(b) A person who is sixty-five years of age or older;
(c) A person who is the surviving spouse of a deceased person
who was permanently and totally disabled or sixty-five years of
age or older and who applied and qualified for a reduction in
taxes under this division in the year of death, provided the
surviving spouse is at least fifty-nine but not sixty-five or more
years of age on the date the deceased spouse dies.
(2) Real property taxes on a homestead owned and occupied, or
a homestead in a housing cooperative occupied, by a person to whom
division (A) of this section applies shall be reduced for each
year for which an application for the reduction has been approved.
The reduction shall equal one of the following amounts, as
applicable to the person:
(a) If the person received a reduction under division (A) of
this section for tax year 2006, the greater of the reduction for
that tax year or the amount computed under division (A)(3) of this
section;
(b) If the person received, for any homestead, a reduction
under division (A) of this section for tax year 2013 or under
section 4503.065 of the Revised Code for tax year 2014 or the
person is the surviving spouse of such a person and the surviving
spouse is at least fifty-nine years of age on the date the
deceased spouse dies, the amount computed under division (A)(3) of
this section. For purposes of divisions (A)(2)(b) and (c) of this
section, a person receives a reduction under division (A) of this
section or under section 4503.065 of the Revised Code for tax year
2013 or 2014, respectively, if the person files a late application
for that respective tax year that is approved by the county
auditor under section 323.153 or 4503.066 of the Revised Code.
(c) If the person is not described in division (A)(2)(a) or
(b) of this section and the person's total income does not exceed
thirty thousand dollars, as adjusted under division (A)(4) of this
section, the amount computed under division (A)(3) of this
section.
(3) The amount of the reduction under division (A)(3) of this
section equals the product of the following:
(a) Twenty-five thousand dollars of the true value of the
property in money;
(b) The assessment percentage established by the tax
commissioner under division (B) of section 5715.01 of the Revised
Code, not to exceed thirty-five per cent;
(c) The effective tax rate used to calculate the taxes
charged against the property for the current year, where
"effective tax rate" is defined as in section 323.08 of the
Revised Code;
(d) The quantity equal to one minus the sum of the percentage
reductions in taxes received by the property for the current tax
year under section 319.302 of the Revised Code and division (B) of
section 323.152 of the Revised Code.
(4) Each calendar year, the tax commissioner shall adjust the
total income threshold described in division (A)(2)(c) of this
section by completing the following calculations in September of
each year:
(a) Determine the percentage increase in the gross domestic
product deflator determined by the bureau of economic analysis of
the United States department of commerce from the first day of
January of the preceding calendar year to the last day of December
of the preceding calendar year;
(b) Multiply that percentage increase by the total income
threshold for the current tax year;
(c) Add the resulting product to the total income threshold
for the current tax year;
(d) Round the resulting sum to the nearest multiple of one
hundred dollars.
The commissioner shall certify the amount resulting from the
adjustment to each county auditor not later than the first day of
December each year. The certified amount applies to the following
tax year for persons described in division (A)(2)(c) of this
section. The commissioner shall not make the adjustment in any
calendar year in which the amount resulting from the adjustment
would be less than the total income threshold for the current tax
year.
(B) To provide a partial exemption, real property taxes on
any homestead, and manufactured home taxes on any manufactured or
mobile home on which a manufactured home tax is assessed pursuant
to division (D)(2) of section 4503.06 of the Revised Code, shall
be reduced for each year for which an application for the
reduction has been approved. The amount of the reduction shall
equal two and one-half per cent of the amount of taxes to be
levied by qualifying levies on the homestead or the manufactured
or mobile home after applying section 319.301 of the Revised Code.
For the purposes of this division, "qualifying levy" has the same
meaning as in section 319.302 of the Revised Code.
(C) The reductions granted by this section do not apply to
special assessments or respread of assessments levied against the
homestead, and if there is a transfer of ownership subsequent to
the filing of an application for a reduction in taxes, such
reductions are not forfeited for such year by virtue of such
transfer.
(D) The reductions in taxable value referred to in this
section shall be applied solely as a factor for the purpose of
computing the reduction of taxes under this section and shall not
affect the total value of property in any subdivision or taxing
district as listed and assessed for taxation on the tax lists and
duplicates, or any direct or indirect limitations on indebtedness
of a subdivision or taxing district. If after application of
sections 5705.31 and 5705.32 of the Revised Code, including the
allocation of all levies within the ten-mill limitation to debt
charges to the extent therein provided, there would be
insufficient funds for payment of debt charges not provided for by
levies in excess of the ten-mill limitation, the reduction of
taxes provided for in sections 323.151 to 323.159 of the Revised
Code shall be proportionately adjusted to the extent necessary to
provide such funds from levies within the ten-mill limitation.
(E) No reduction shall be made on the taxes due on the
homestead of any person convicted of violating division (D) or (E)
of section 323.153 of the Revised Code for a period of three years
following the conviction.
Sec. 4503.065. (A) This section applies to any of the
following persons:
(1) An individual who is permanently and totally disabled;
(2) An individual who is sixty-five years of age or older;
(3) An individual who is the surviving spouse of a deceased
person who was permanently and totally disabled or sixty-five
years of age or older and who applied and qualified for a
reduction in assessable value under this section in the year of
death, provided the surviving spouse is at least fifty-nine but
not sixty-five or more years of age on the date the deceased
spouse dies.
(B) The manufactured home tax on a manufactured or mobile
home that is paid pursuant to division (C) of section 4503.06 of
the Revised Code and that is owned and occupied as a home by an
individual whose domicile is in this state and to whom this
section applies, shall be reduced for any tax year for which an
application for such reduction has been approved, provided the
individual did not acquire ownership from a person, other than the
individual's spouse, related by consanguinity or affinity for the
purpose of qualifying for the reduction. An owner includes a
settlor of a revocable or irrevocable inter vivos trust holding
the title to a manufactured or mobile home occupied by the settlor
as of right under the trust.
(1) For manufactured and mobile homes for which the tax
imposed by section 4503.06 of the Revised Code is computed under
division (D)(2) of that section, the reduction shall equal one of
the following amounts, as applicable to the person:
(a) If the person received a reduction under this section for
tax year 2007, the greater of the reduction for that tax year or
the amount computed under division (B)(2) of this section;
(b) If the person received, for any homestead, a reduction
under this section for tax year 2014 or under division (A) of
section 323.152 of the Revised Code for tax year 2013 or the
person is the surviving spouse of such a person and the surviving
spouse is at least fifty-nine years of age on the date the
deceased spouse dies, the amount computed under division (B)(2) of
this section. For purposes of divisions (B)(1)(b) and (c) of this
section, a person receives a reduction under this section or
division (A) of section 323.152 of the Revised Code for tax year
2014 or 2013, respectively, if the person files a late application
for that respective tax year that is approved by the county
auditor under section 4503.066 or 323.153 of the Revised Code.
(c) If the person is not described in division (B)(1)(a) or
(b) of this section and the person's total income does not exceed
thirty thousand dollars, as adjusted under division (B)(5) of this
section, the amount computed under division (B)(2) of this
section.
(2) The amount of the reduction under division (B)(2) of this
section equals the product of the following:
(a) Twenty-five thousand dollars of the true value of the
property in money;
(b) The assessment percentage established by the tax
commissioner under division (B) of section 5715.01 of the Revised
Code, not to exceed thirty-five per cent;
(c) The effective tax rate used to calculate the taxes
charged against the property for the current year, where
"effective tax rate" is defined as in section 323.08 of the
Revised Code;
(d) The quantity equal to one minus the sum of the percentage
reductions in taxes received by the property for the current tax
year under section 319.302 of the Revised Code and division (B) of
section 323.152 of the Revised Code.
(3) For manufactured and mobile homes for which the tax
imposed by section 4503.06 of the Revised Code is computed under
division (D)(1) of that section, the reduction shall equal one of
the following amounts, as applicable to the person:
(a) If the person received a reduction under this section for
tax year 2007, the greater of the reduction for that tax year or
the amount computed under division (B)(4) of this section;
(b) If the person received, for any homestead, a reduction
under this section for tax year 2014 or under division (A) of
section 323.152 of the Revised Code for tax year 2013 or the
person is the surviving spouse of such a person and the surviving
spouse is at least fifty-nine years of age on the date the
deceased spouse dies, the amount computed under division (B)(4) of
this section. For purposes of divisions (B)(3)(b) and (c) of this
section, a person receives a reduction under this section or under
division (A) of section 323.152 of the Revised Code for tax year
2014 or 2013, respectively, if the person files a late application
for a refund of overpayments for that respective tax year that is
approved by the county auditor under section 4503.066 of the
Revised Code.
(c) If the person is not described in division (B)(3)(a) or
(b) of this section and the person's total income does not exceed
thirty thousand dollars, as adjusted under division (B)(5) of this
section, the amount computed under division (B)(4) of this
section.
(4) The amount of the reduction under division (B)(4) of this
section equals the product of the following:
(a) Twenty-five thousand dollars of the cost to the owner, or
the market value at the time of purchase, whichever is greater, as
those terms are used in division (D)(1) of section 4503.06 of the
Revised Code;
(b) The percentage from the appropriate schedule in division
(D)(1)(b) of section 4503.06 of the Revised Code;
(c) The assessment percentage of forty per cent used in
division (D)(1)(b) of section 4503.06 of the Revised Code;
(d) The tax rate of the taxing district in which the home has
its situs.
(5) Each calendar year, the tax commissioner shall adjust the
income threshold described in divisions (B)(1)(c) and (B)(3)(c) of
this section by completing the following calculations in September
of each year:
(a) Determine the percentage increase in the gross domestic
product deflator determined by the bureau of economic analysis of
the United States department of commerce from the first day of
January of the preceding calendar year to the last day of December
of the preceding calendar year;
(b) Multiply that percentage increase by the total income
threshold for the ensuing tax year;
(c) Add the resulting product to the total income threshold
for the ensuing tax year;
(d) Round the resulting sum to the nearest multiple of one
hundred dollars.
The commissioner shall certify the amount resulting from the
adjustment to each county auditor not later than the first day of
December each year. The certified amount applies to the second
ensuing tax year. The commissioner shall not make the adjustment
in any calendar year in which the amount resulting from the
adjustment would be less than the total income threshold for the
ensuing tax year.
(C) If the owner or the spouse of the owner of a manufactured
or mobile home is eligible for a homestead exemption on the land
upon which the home is located, the reduction to which the owner
or spouse is entitled under this section shall not exceed the
difference between the reduction to which the owner or spouse is
entitled under division (B) of this section and the amount of the
reduction under the homestead exemption.
(D) No reduction shall be made with respect to the home of
any person convicted of violating division (C) or (D) of section
4503.066 of the Revised Code for a period of three years following
the conviction.
SECTION 2. That existing sections 323.152 and 4503.065 of the
Revised Code are hereby repealed.
SECTION 3. That Section 803.80 of Am. Sub. H.B. 59 of the
130th General Assembly be amended to read as follows:
Sec. 803.80. (A) The amendment by this act Am. Sub. H.B. 59
of the 130th General Assembly of divisions (A)(26) and (GG) of
section 5747.01, section 5747.022 by adding the last sentence
thereto, and of division (A) of section 5747.025 of the Revised
Code applies to taxable years beginning on or after January 1,
2014.
(B) The amendment by this act Am. Sub. H.B. 59 of the 130th
General Assembly of divisions (A)(26), (29), (31), and (GG) of
section 5747.01, the first sentence of section 5747.022, division
(C) of section 5747.025, and of sections 5747.02, 5747.05,
5747.08, 5747.21, 5747.22, and 5748.01 and the repeal of section
5747.211 of the Revised Code apply to taxable years beginning on
or after January 1, 2013.
SECTION 4. That existing Section 803.80 of Am. Sub. H.B. 59
of the 130th General Assembly is hereby repealed.
SECTION 5. (A) As used in this section, "certificate owner"
has the same meaning as in section 149.311 of the Revised Code and
"tax year" has the same meaning as in section 5733.04 of the
Revised Code.
(B) Notwithstanding division (B) of section 5733.01 of the
Revised Code, a certificate owner of a rehabilitation tax credit
certificate with an effective date on or before December 31, 2013,
that authorizes the certificate owner to claim a credit under
section 5733.47 of the Revised Code for tax year 2014 or a prior
tax year may claim the credit at any time before October 15, 2014,
with the forms and in the method prescribed in Chapter 5733. of
the Revised Code as applicable to tax years prior to tax year
2014.
SECTION 6. Sections 323.152 and 4503.065 of the Revised Code
are amended by this act and also by H.B. 72 of the 130th General
Assembly (effective January 30, 2014). The amendments of H.B. 72
are included in this act to confirm the intention to retain them,
but are not intended to be effective until January 30, 2014.
SECTION 7. This act is hereby declared to be an emergency
measure necessary for the immediate preservation of the public
peace, health, and safety. The reason for such necessity is to
ensure that a previously enacted tax deduction and credit be
available before the close of the current tax period. Therefore,
this act shall go into immediate effect.
|