(a) Effective with taxable years beginning on or after January 1, 2018 a taxpayer may elect to be subject to Ohio R.C. 718.80 to 718.95 in lieu of the provisions set forth in this chapter. All terms defined in Ohio R.C. 718.01, shall control in the interpretation of this section 884.23. For purposes of section 884.23 "Tax Administrator" does not include the Tax Commissioner and "Tax Commissioner" means the Tax Commissioner appointed under Ohio R.C. 121.03. Notwithstanding any other provision of this chapter, 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 Commissioner shall administer the tax pursuant to Ohio R.C. 718.80 to 718.95 and any applicable provision of Ohio 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 Commissioner.
(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 of termination 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 Ohio 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 Ohio R.C. 718.80 to 718.95 is confidential, and no person shall disclose such information, except for official purposes, in accordance with a proper judicial order, or as provided in Ohio R.C. 4123.271 or 5703.21. 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 shall file an annual return. Such return, along with the amount of tax shown to be due on the return less the amount paid for the taxable year under Ohio R.C. 718.88, shall be submitted to the Tax Commissioner, on a form and in the manner prescribed by the Commissioner, on or before the fifteenth day of the fourth month following the end of the taxpayer's taxable year.
(e) All taxpayers that have made the election allowed under Ohio R.C. 718.80 shall file any tax return or extension for filing a tax return, and shall make payment of amounts shown to be due on such returns, 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 Ohio R.C. 718.80 fails to pay any tax as required under Ohio R.C. 718.80 to 718.95, or any portion of that tax, on or before the date prescribed for its payment, interest shall be assessed, collected, and paid, in the same manner as the tax, upon such unpaid amount at the rate per annum prescribed by Ohio R.C. 5703.47 from the date prescribed for its payment until it is paid or until the date an assessment is issued under Ohio R.C. 718.90, whichever occurs first.
(g) (1) A credit, granted by resolution or ordinance of a municipal corporation pursuant to Ohio R.C. 718.15 or 718.151, shall be available to a taxpayer that has made the election allowed under Ohio R.C. 718.80, against the municipal corporation's tax on income.
(2) A. Each taxpayer that claims a credit shall 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 shall be provided in the form prescribed by the Tax Commissioner.
C. Nothing in this section shall be construed to authorize the Tax Commissioner to enter into an agreement with a 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 Ohio R.C. 718.15 or 718.151, or to modify the terms or conditions of any such existing agreement.
(Ord. 18-02. Passed 2-19-18)