(a) On or before the last day of each month, the Tax Commissioner shall certify to the Director of Budget and Management the amount to be paid to each municipal corporation, based on amounts reported on annual returns and declarations of estimated tax under Sections 891.31 and 891.36, less any amounts previously distributed and net of any audit adjustments made or refunds granted by the Tax Commissioner, for the calendar month preceding the month in which the certification is made. Not later that the fifth day of each month, the Director shall provide for payment of the amount certified to each municipal corporation from the municipal net profit tax fund, plus a pro rata share of any investment earnings accruing to the fund since the previous payment under this section, minus any reduction required by the Commissioner under division (d) of this section. Each municipal corporation's share of such earning shall equal the proportion that the municipal corporation's certified tax payment is of the total taxes certified to all municipal corporations in that quarter. All investment earning on money in the municipal net profit tax fund shall be credited to that fund.
(b) If the Tax Commissioner determines that the amount of tax paid by a taxpayer and distributed to a municipal corporation under this section for a taxable year exceeds that amount payable to that municipal corporation under Sections 891.26 to 891.42 after accounting for the amounts remitted with the annual return and as estimated taxes, the Tax Commissioner shall proceed according to divisions (A) and (B) of R.C. § 5703.77.
(c) If the amount of a municipal corporation's net distribution computed by the Commissioner under division (a) of this section is less than zero, the Commissioner may notify the municipal corporation of the deficiency. Within thirty days after receiving such a notice, the municipal corporation shall pay an amount equal to the deficiency to the Treasurer of State. The Treasurer of State shall credit any payment received under this division to the municipal net profit tax fund.
(d) If a municipal corporation fails to make a timely payment required under division (c) of this section, the Commissioner may recover the deficiency using any or all of the following options:
(1) Deduct the amount of the deficiency from the next distribution to that municipals corporation under division (a) of this section or, if the amount of the deficiency exceeds the amount of such distribution, withhold such distributions entirely until the withheld amount equals the amount of the municipal corporation's deficiency:
(2) Deduct the amount of the deficiency from the next payment to that municipal corporation under division (A) of R.C. § 5745.05 or, if the amount of the deficiency exceeds the amount of such distribution exceeds the amount of such distribution, withhold such distributions entirely until the withheld amount equals the amount of the municipal corporation's deficiency.
(3) Deduct the amount of the deficiency from the municipal corporation's share of the next payment made by the Commissioner under division (F) of R.C. § 321.24 or, if the amount of the deficiency exceeds the amount of the municipal corporation's share of the payments entirely until the withheld amount equals the amount of the municipal corporation's deficiency.
(e) The total amount of payments and distributions withheld from a municipal corporation under division (d) of this section, shall not exceed the unpaid portion of the municipal corporation's net distribution deficiency. All amounts withheld under division (d) of this section shall be credited to the municipal net profit tax fund.
(Ord. 19-17. Passed 9-3-19.)