Ohio § 5711.26

§ 5711.26.

Except for taxable property concerning the assessment of which an appeal has been

filed under section 5717.02 of the Revised Code , the tax commissioner may, within the time limitation in section 5711.25 of the Revised Code , and shall, upon application filed within such time limitation in accordance with

the requirements of this section, finally assess the taxable property required to

be returned by any taxpayer, financial institution, dealer in intangibles, or domestic

insurance company as to which a preliminary or amended assessment has been made by

or certified to a county auditor or certified to the treasurer of state or as to which

the preliminary assessment is evidenced by a return filed with a county auditor for

any prior year;  and the commissioner may finally assess the taxable property of a

taxpayer, financial institution, dealer in intangibles, or domestic insurance company

who has failed to make a return to a county auditor or to the department of taxation

in any such year.  Application for final assessment shall be filed with the tax commissioner in person

or by certified mail.  If the application is filed by certified mail, the date of the United States postmark

placed on the sender's receipt by the postal employee to whom the application is presented

shall be treated as the date of filing.  The application shall have attached thereto and incorporated therein by reference

a true copy of the most recent preliminary or amended assessment, whether evidenced

by certificate or return, to which correction is sought through the issuance of a

final assessment certificate.  The application shall also have attached thereto and incorporated therein by reference

evidence establishing that the taxes, and any penalties and interest thereon, due

on such preliminary or amended assessment have been paid.  By filing such application within the time prescribed by section 5711.25 of the Revised Code , the taxpayer has waived such time limitation and consented to the issuance of his

assessment certificate after the expiration of such time limitation. For the purpose of issuing a final assessment the commissioner may utilize all facts

or information he possesses, and shall certify in the manner prescribed by law a final

assessment certificate in such form as the case may require, giving notice thereof

by mail to the taxpayer, financial institution, dealer in intangibles, or domestic

insurance company.  Such final assessment certificate shall set forth, as to each year covered, the

amount of the final assessment as to each class of property and the amount of the

corresponding preliminary or last amended assessment.  If no preliminary or amended assessment was made, the amount listed in the taxpayer's

return for each such class of property shall be shown.  If the amount of any final assessment of any such class for any year exceeds the

amount of the preliminary or amended assessment of such class for such year, the difference

shall be designated a “deficiency,” and if no preliminary or amended assessment has

been made, each item in the final assessment certificate shall be so designated.  If the final assessment of any such class for any such year is less in amount than

the preliminary or amended assessment thereof for such year, the difference shall

be designated an “excess.”  The commissioner shall add to each such deficiency assessment the penalty provided

by law, computed on the amount of such deficiency. A copy of the final assessment certificate shall be transmitted to the treasurer of

state or the proper county auditor, who shall make any corrections to his records

and tax lists and duplicates required in accordance therewith and proceed as prescribed

by section 5711.32 or 5725.22 of the Revised Code . An appeal may be taken from any assessment authorized by this section to the board

of tax appeals as provided by section 5717.02 of the Revised Code .  When such an appeal is filed and the notice of appeal filed with the commissioner

has attached thereto and incorporated therein by reference a true copy of any assessment

authorized by this section as required by section 5717.02 of the Revised Code , the commissioner shall notify the treasurer of state or the auditor and treasurer

of each county having any part of such assessment entered on the tax list or duplicate. Upon the final determination of an appeal which may be taken from an assessment authorized

by this section, the commissioner shall notify the treasurer of state or the proper

county auditor of such final determination.  The notification may be in the form of a corrected assessment certificate.  Upon receipt of the notification, the treasurer of state or the county auditor shall

make any corrections to his records and tax lists and duplicates required in accordance

therewith and proceed as prescribed by section 5711.32 or 5725.22 of the Revised Code . The assessment certificates mentioned in this section, and the copies thereof, shall

not be open to public inspection.