Ohio § 5711.29

§ 5711.29.

If any corporation uses the rights and powers granted by its charter to prevent the

assessment of the shares of its resident shareholders on the basis of income yield,

as provided in sections 5711.01 to 5711.36 of the Revised Code , by permitting its gains and profits to accumulate instead of being distributed,

or by paying exorbitant salaries to its officers and employees, the tax commissioner,

upon finding such to be the fact, shall assess the amount representing the aggregate

assessments of the shares of such resident shareholders in the names of such resident

shareholders and certify such assessments, together with the penalty provided in such

sections, to the proper county auditor who shall place the same on the classified

tax list and duplicate in the names of such shareholders, as investments assessed

on the basis of income yield for the year for which such assessments are made;  and

taxes shall be collected thereon the same as on other like assessments.  The commissioner shall give notice of such assessment to the corporation in the

manner provided in section 5703.37 of the Revised Code , and such assessment shall be subject to a petition for reassessment and an appeal

as provided in sections 5711.31 and 5717.02 of the Revised Code . If any such corporation is a holding or investment company, or if the gains or profits

are permitted to accumulate beyond the reasonable needs of the business, such fact

shall be prima-facie evidence of a purpose to prevent the assessment of the shares

of its resident stockholders on such basis. If any trust, under the terms of which the trustee is required or authorized to withhold

and accumulate all or any part of the income, is created or used for the purpose of

preventing the assessment of the equitable interests of the resident beneficiaries

on the basis of income yield, as provided in sections 5711.01 to 5711.36 of the Revised Code , the commissioner, upon finding such to be the fact, shall assess the amount representing

the aggregate assessment of such equitable shares in the manner provided in this section.  If the creator of such trust reserved a power of revocation, or if the trustee has

discretion to pay and distribute the income of the trust property to or for the benefit

of such resident beneficiary, such fact shall be prima-facie evidence of a purpose

to prevent the assessment of the equitable shares of the resident beneficiaries upon

such basis. The assessment imposed by this action shall not be made against any resident shareholder

of such corporation or beneficiary of such trust who in filing the shareholder's or

beneficiary's return lists as the income yield of the shares or beneficial interest

the entire distributive share or beneficial interest, whether distributed or not,

of the net income of such corporation or trust for such year, in which event any subsequent

distribution made by such corporation or trust out of the earnings or profits of such

year shall, if distributed to any shareholder or beneficiary who has so included in

the income yield of the shareholder's or beneficiary's shares the distributive share

thereof, be deducted from the income yield of such shares for the year in which the

same is made.