(A) Effective with taxable years beginning on or after January 1, 2018 a taxpayer may elect to be subject to R.C. §§ 718.80 to 718.95 in lieu of the provisions set forth in this chapter. All terms defined in R.C. § 718.01, will control the interpretation of this section. For purposes of this section, TAX ADMINISTRATOR does not include the Tax Commissioner and TAX COMMISSIONER means the Tax Commissioner appointed under R.C. § 121.03. Notwithstanding any other provision of this chapter, upon the taxpayer's election both of the following will apply:
(1) The Tax Commissioner will serve as the sole administrator of each municipal income tax for which the taxpayer is liable for the term of the election; and
(2) The Tax Commissioner will administer the tax pursuant to R.C. § § 718.80 to 718.95 and any applicable provision of R.C. Chapter 5703.
(B) (1) A taxpayer will make the initial election on or before the first day of the third month after the beginning of the taxpayer's taxable year by notifying the Tax Commissioner and each municipal corporation in which the taxpayer conducted business during the previous taxable year, on a form prescribed by the Tax Commissioner.
(2) (a) The election, once made by the taxpayer, applies to the taxable year to which the election is made and to each subsequent taxable year until the taxpayer notifies the Tax Commissioner and each municipal corporation in which the taxpayer conducted business during the previous taxable year of its termination of the election.
(b) A notification of termination will be made on a form prescribed by the Tax Commissioner on or before the first day of the third month of any taxable year.
(c) Upon a timely and valid termination of the election, the taxpayer is no longer subject to R.C. §§ 718.80 to 718.95, and is instead subject to the provisions set forth in the remainder of this chapter.
(C) Any information gained as a result of returns, investigations, hearings, or verifications required or authorized by R.C. §§ 718.80 to 718.95 is confidential and no person will disclose such information, except for official purposes, in accordance with a proper judicial order, or as provided in R.C. § 4123.271 or R.C. § 5702.21. The Tax Commissioner may furnish the Internal Revenue Service with copies of returns filed. This section does not prohibit the publication of statistics in a form which does not disclose information with respect to particular taxpayers.
(D) For each taxable year, every taxpayer will file an annual return. Such return, alone with the amount of the tax shown to be due on the return less the amount paid for the taxable year under R.C. § 718.88 will be submitted to the Tax Commissioner, on a form and in the manner prescribed by the Tax Commissioner, on or before the 15th day of the fourth month following the end of the taxpayer's taxable year.
(E) All taxpayers that have made the election allowed under R.C. § 718.80 will file any tax return or extension for filing a tax return, and will make payment of amounts shown to be due on such return, electronically, either through the Ohio Business Gateway or in another manner as prescribed by the Tax Commissioner.
(F) If a taxpayer that has made the election allowed under R.C. § 718.80 fails to pay any tax as required under R.C. §§ 718.80 to 718.95 or any portion of that tax, on or before the date prescribed for its payment, interest will be assessed, collected, and paid, in the same manner as the tax, upon such unpaid amount at the rate per annum prescribed in R.C. § 5703.47 from the date prescribed for its payment until it is paid or until the date an assessment is issued under R.C. § 718.90, whichever occurs first.
(G) (1) A credit granted by resolution or ordinance of a municipal corporation pursuant to R.C. §§ 718.15 or 718.151, will be available to a taxpayer that has made the election allowed under R.C. § 718.80, against the municipal corporation's tax on income.
(2) (a) Each taxpayer that claims a credit will submit with the taxpayer's tax return documentation issued by the municipal corporation granting the credit that confirms the eligibility of the taxpayer for the credit, the amount of the credit for which the taxpayer is eligible, and the tax year to which the credit is to be applied.
(b) Such documentation will be provided in the form prescribed by the Tax Commissioner.
(c) Nothing in this section will be construed to authorize the Tax Commissioner to enter into an agreement with the taxpayer to grant a credit, to determine if a taxpayer meets the conditions of a tax credit agreement entered into by a municipal corporation and taxpayer under R.C. §§ 718.15 or 718.151 or to modify the terms or conditions of any such existing agreement.
(Ord. 02-2018, passed 3-19-18)