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The Ohio Department of Taxation Amends CAT Rule to Explain Cash Discounts Exclusion

PDF/Printer Friendly Version Effective June 20, 2019, the Department of Taxation has revised Commercial Activity Tax (CAT) Ohio Administrative Code 5703-29-14 (“Rule”), which addresses the definition of “cash discounts.” Cash discounts are an allowable exclusion from the definition of gross receipts as provided in Ohio Revised Code 5751.01(F)(2)(bb) (formerly 5751.01(F)(4)(a)). The Department updated the Rule to further explain the Department’s interpretation of when cash discounts are an allowable exclusion. The Rule still provides that cash discounts are allowable exclusions for (i) timely payments (i.e., 2%/10 days) and (ii) volume purchases (which include incentive-based rebates and di

Consolidated Returns: Who Can Join The Party?

PDF/Printer Friendly Version Recently, the Ohio Board of Tax Appeals issued its Decision and Order in Time Warner Cable Inc. & Subs., et al., v. City of Cincinnati, et al., BTA Case No. 2017-1448 (May 31, 2019), holding that a taxpayer was entitled to include all members of the taxpayer’s federal consolidated group in its City of Cincinnati consolidated net profit tax return. This decision related to a tax year prior to the effective date of Sub. H.B. 5, which established uniformity among municipal income tax definitions. On its amended 2013 net profit tax return, the taxpayer filed a consolidated return and included all members of its federal consolidated group, including entities that did

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