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H. B. No. 365 As IntroducedAs Introduced
130th General Assembly | Regular Session | 2013-2014 |
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Representatives Stinziano, Duffey
Cosponsors:
Representatives Barborak, Becker, Blessing, Buchy, Budish, Cera, Curtin, Henne, Hood, O'Brien, Slesnick, Terhar, Thompson
A BILL
To enact section 5703.71 of the Revised Code to
require the Tax Commissioner to notify a taxpayer
that the taxpayer has overpaid certain business
taxes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 5703.71 of the Revised Code be
enacted to read as follows:
Sec. 5703.71. (A) As used in this section:
(1) "Business tax" means a tax imposed under Chapter 5726.,
5735., 5736., 5739., 5741., 5743., or 5751. of the Revised Code or
an employer's duty to withhold and remit a tax imposed under
Chapter 5747. or 5748. of the Revised Code.
(2) "Tax period" means one of the following:
(a) For a taxpayer subject to the tax imposed under Chapter
5726. of the Revised Code, the taxpayer's taxable year for
purposes of that chapter;
(b) For a taxpayer subject to the tax imposed under Chapter
5735., 5736., 5739., 5741., 5743., or 5751. of the Revised Code, a
calendar year;
(c) For an employer with a duty to withhold and remit a tax
imposed under Chapter 5747. or 5748. of the Revised Code, a
calendar year.
(3) "Taxpayer" means a person subject to a business tax,
including an employer with a duty to withhold and remit a tax
imposed under Chapter 5747. or 5748. of the Revised Code.
(4) "Overpayment" means the extent, if any, to which the
amount of a business tax paid by a taxpayer for a tax period
exceeds the amount of that business tax due for that tax period,
provided that amount exceeds one dollar.
(B)(1) If a taxpayer has any overpayment of a business tax
for the taxpayer's tax period or the preceding tax period, the tax
commissioner shall notify the taxpayer of each of the following:
(a) The amount of the taxpayer's overpayment for the tax
period or the preceding tax period;
(b) That the taxpayer may file a request for a refund of that
overpayment;
(c) The procedure for requesting a refund of that
overpayment;
(d) The time within which the taxpayer must file a request
for a refund of that overpayment.
(2) The commissioner shall send the notification described in
division (B)(1) of this section to a taxpayer by ordinary mail not
later than ninety days after a taxpayer reports and remits the
taxpayer's business tax for the taxpayer's tax period or, if no
annual return or report is required, for every reporting and
payment period within that tax period.
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