This section applies to any taxpayer, not an individual, engaged in a business or profession in the Municipality and electing to be subject to Sections 718.80 through 718.95 of the Ohio Revised Code, applicable for tax years beginning on or after January 1, 2018, pursuant to the language enacted by the Ohio Legislature during the 132nd General Assembly in the form of Am. Sub House Bill 49, which required municipal corporations to conform to and adopt the provisions of Ohio Revised Code Chapter 718 in order to retain the authority to impose, enforce, administer and collect a municipal income tax.
(A) (1) An eligible taxpayer, as defined in division (D) of this section, may elect to be subject to Sections 718.80 to 718.95 of the Revised Code in lieu of the provisions of this Chapter by making the initial election with the State of Ohio Tax Commissioner. A taxpayer shall make the initial on or before the first day of the third month after the beginning of the taxpayer's taxable year by notifying the State of Ohio Tax Commissioner and each municipal corporation in which the taxpayer conducted business during the previous tax year, on a form prescribed by the State of Ohio Tax Commissioner.
(A) (2) (a) The election, once made by the taxpayer, applies to the taxable year in which the election is made and to each subsequent taxable year until the taxpayer notifies the State of Ohio Tax Commissioner and each municipal corporation in which the taxpayer conducted business during the previous taxable year of its termination of the election.
(A) (2) (b) A notification of termination shall be made, on a form prescribed by the State of Ohio Commissioner, on or before the first day of the third month of any taxable year.
(A) (2) (c) Upon a timely and valid termination of the election, the taxpayer is no longer subject to sections 718.80 to 718.95 of the Revised Code, and is instead subject to the provisions set forth in the remainder of Revised Code chapter 718 in addition to the remainder of this Ordinance.
(B) Upon the taxpayer's election, both of the following shall apply:
(B) (1) The State of Ohio Tax Commissioner shall serve as the sole administrator of each municipal income tax for which the taxpayer is liable for the term of the election;
(B) (2) The State of Ohio Tax Commissioner shall administer the tax pursuant to sections 718.80 to 718.95 of the Revised Code and any applicable provision of Chapter 5703 of the Revised Code.
(C) Municipal code Section 182.097
is effective for taxable years beginning on or after January 1, 2018.
(D) "Taxpayer" has the same meaning as in section 718.01 of the Revised Code, except that "taxpayer" does not include natural persons or entities subject to the tax imposed under Chapter 5745 of the Revised Code. "Taxpayer" may include receivers, assignees, or trustees in bankruptcy when such persons are required to assume the role of a taxpayer.
(E) The City of Milford reserves the right to exclude from this election to be subject the Ohio Revised Code Sections 718.80 to 718.95 any business or profession which has a business incentive agreement with the Municipality. If a business or profession has a business incentive agreement with the Municipality and decides to elect to be subject to the Ohio Revised Code Sections 718.80 to 718.95, then the business or profession is required to submit the same information given to the State to the Milford Income Tax Department for business incentive agreement compliance.
(Ord. 18-1379. Passed 6-19-18.)
(Ord. 18-1379. Passed 6-19-18.)