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  • Zaino Hall & Farrin LLC

Ohio Board of Tax Appeals Rules Columbus Ordinance Did Not Require Employer to Withhold Tax on SERP


On May 12, 2015, the Ohio Board of Tax Appeals (BTA) ruled that the City of Columbus could not require an employer to withhold Columbus tax on former executives’ income from an executive compensation plan because Columbus’ ordinance required withholding at the time of payment, and not when the income was deemed taxable for FICA purposes. The BTA’s holding may warrant a review by employers and taxpayers of other city tax ordinances (both within Columbus and elsewhere) for possible refund opportunities.

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