891.26 FILING NET PROFIT RETURN THROUGH STATE DEPARTMENT OF TAXATION.

   (a)   A taxpayer may elect to be subject to Sections 891.26 through 891.42 in lieu of the provision set forth in the remainder of this section. Notwithstanding any other provision of this section, upon the taxpayer's election both of the following shall apply:

      (1)   The 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.

      (2)   The Tax Commissioner shall 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 shall 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 Commission.

      (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 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 shall 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 Sections 891.26 to 891.42, and is instead subjected to the provisions set forth in the remainder of this section.

   (c)   (1)   A.   On or before the thirty-first day of January each year each municipal corporation imposing a tax on income shall certify to the Tax Commissioner the rate of the tax in effect on the first day of January of that year.

         B.   If , after the thirty-first day of January of any year, the electors of a municipal corporation approve an increase in the rate of the municipal corporation's tax on income that takes effect within that year, the municipal corporation shall certify to the Tax Commissioner the new rate of tax not less than sixty days before the effective date of the increase, after which the effective date the Tax Commissioner shall apply the increased rate.

      (2)   A municipal corporation within ninety days of receiving a taxpayer's notification of election under division (b) of this section shall submit to the Tax Commissioner on a form prescribed by the Tax Commissioner, the following information regarding the taxpayer:

         A.   The amount of any net operating loss that the taxpayer is entitled to carry forward to a future year;

         B.   The amount of any net operating loss carry forward utilized by the taxpayer in prior years;

         C.   Any credit granted by the municipal corporation to which the taxpayer is entitled, the amount of such credits, whether the credits may be carried forward the duration of the carryforward;

         D.   Any overpayments of tax that the taxpayer has elected to carry forward to a subsequent tax year;

         E.   Any other information the municipal corporation deems relevant in order to effectuate the Tax Commissioner's efficient administration of the tax on the municipal corporation's behalf.

      (3)   If any municipal corporation fails to timely comply with divisions (c)(1) and (c)(2) of this section the Tax Commissioner shall notify the Director of Budget and Management, who, upon receiving such notification, shall withhold from each payment made to the municipal corporation under R.C. § 718.83 fifty percent of the amount of the payment otherwise due to the municipal corporation under that section. The Director shall compute the withholding on the basis of the tax rate most recently certified to the Tax Commissioner until the municipal corporation complies with divisions (c)(1) and (c)(2) of this section.

   (d)   The Tax Commissioner shall enforce and administer Sections 891.26 to 891.42. In addition to any other powers conferred upon the Tax Commissioner by the law, the Tax Commissioner may:

      (1)   Prescribe all forms necessary to administer those sections;

      (2)   Adopt such rules as the Tax Commissioner finds necessary to carry out those sections;

      (3)   Appoint and employ such personnel as are necessary to carry out the duties imposed upon the Tax Commissioner by those sections.

   (e)   No Tax Administrator shall utilize Sections 891.26 to 891.42 in the administrator's administration of a municipal income tax, and those sections shall not be applied to any taxpayer that has not made the election under this section.

   (f)   Nothing in this section shall be construed to make any section of this chapter , other

than Sections 891.01 and 891.26 to 891.42 applicable to the Tax Commissioner's administration of a municipal income tax or to any taxpayer that has made the election under this division.

   (g)   The Tax Commissioner shall not be considered a tax administrator, as the term is defined in Section 891.03.

(Ord. 19-17. Passed 9-3-19.)