2019 Ohio Tax Conference Highlights

PDF/Printer Friendly Version The annual Ohio Tax Conference has always provided attendees excellent insight into Ohio state and local tax developments and issues facing taxpayers. This year was no exception. We highlight several developments below. New Tax Commissioner This year’s Conference included the introduction of Ohio’s new Tax Commissioner, Jeff McClain, during a breakout session moderated by former Tax Commissioner Tom Zaino, now Managing Member of Zaino Hall & Farrin. During the breakout sessions, Commissioner McClain discussed his intent to make the Department accessible to taxpayers, listening to their concerns and ideas. While it was too early in the DeWine Administration to

Centralized Municipal Tax System Deadline of March 1st Looms for Many Taxpayers

PDF/Printer Friendly Version The deadline for calendar year end taxpayers to elect into the centralized collection and administration of the municipal net profit tax is March 1, 2019. Taxpayers must opt into the system administered by the Ohio Tax Commissioner by the first day of the third month after the beginning of the taxpayer’s taxable year. The ability to elect to file on a centralized basis is available at or by filing Form MNP R. A taxpayer electing into the statewide system must also notify each municipal corporation in which the taxpayer conducted business during the previous taxable year. Notification of the election should be made by f

To Be Or Not To Be Subject to the Ohio Financial Institution Tax as a "Small Dollar Lender&quot

PDF/Printer Friendly Version The Ohio Financial Institution Tax ("FIT") is generally imposed on regulated financial institutions, their holding companies, and consolidated subsidiaries and certain other legal entities. Many taxpayers may not realize that the FIT can also be imposed on certain non-bank lending and financial services entities known as "small dollar lenders." The application of the "small dollar lender" definition is in dispute for certain industries, such as the small dollar lending industry. Further, changes in an entity's operations can create unforeseen complexities. Non-Bank Lending and Financial Services Entities Background Many non-bank lending and financial services

Ohio Gas Tax Hike May Get Moving

PDF/Printer Friendly Version Ohio Governor Mike DeWine recently created a study committee, the Ohio Governor's Advisory Committee on Transportation Infrastructure, to study the current conditions of Ohio's roadways and recommend options for maintaining and improving the state's transportation infrastructure before he issues his executive budget in March. Shortly after taking office last month, Governor DeWine said he was “shocked” to discover the extent of the state’s transportation funding problems, so he created the committee to examine the issue and recommend options for maintaining and enhancing the state’s transportation infrastructure. Yesterday, the Governor's Advisory Committee on T

Greenscapes' Constitutional Nexus Claims Against CAT Wither in Ohio Tenth District Court of Appe

PDF/Printer Friendly Version The Tenth District Court of Appeals of Ohio ("Tenth District") affirmed the Ohio Board of Tax Appeals ("Board") decision upholding an assessment of Commercial Activity Tax ("CAT") against Greenscapes Home and Garden Products, Inc. ("Greenscapes"). Greenscapes Home and Garden Products, Inc. v. Testa, 2019-Ohio-384 (February 7, 2019). The decision relies heavily on the fact that Greenscapes knew its products would be delivered to Ohio, that the situsing methodology for the CAT is consistent with other states, and that by selling to a national retailer Greenscapes had purposefully availed itself of the Ohio market. Greenscapes is a Georgia based seller of home and g

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