Ohio § 5726.03

§ 5726.03.

(A)(1) Annually, on or before the fifteenth day of October, the reporting person for each

taxpayer shall make a report in writing to the tax commissioner, in such form as the

commissioner prescribes, and shall remit to the commissioner the amount of tax shown

to be due on the report.  The remittance shall be made payable to the treasurer of state. (2) An annual report shall be signed by the president, vice-president, secretary, treasurer,

general manager, superintendent, or managing agent in this state of the reporting

person. (3) An annual report shall contain the facts, figures, computations, and attachments

that result in the determination of the amount of tax due from a taxpayer under this

chapter. (B)(1) In the case of a financial institution described in division (H)(1) of section 5726.01 of the Revised Code , the annual report filed for a taxable year shall list, and include information related

to, each person includable in an FR Y-9 filed by the reporting person for that taxable

year. (2) In the case of a financial institution described in division (H)(2) or (3) of section

5726.01 of the Revised Code, the annual report for a taxable year shall list, and

include information related to, each person includable in a call report filed by the

reporting person for that taxable year. (C)(1) The reporting person for a taxpayer shall remit each tax payment and, if required

by the commissioner, file each annual or estimated tax report electronically.  The commissioner may require reporting persons to use the Ohio business gateway

as defined in section 718.01 of the Revised Code to file reports and remit the tax, or may provide another means for reporting persons

to file and remit the tax electronically. (2) The payment of taxes as provided in division (C) of this section shall not affect

a taxpayer's obligation to file an annual report required under division (A) of this

section. (3) The reporting person for a taxpayer that is required to remit tax payments electronically

under this section may apply to the tax commissioner, in the manner prescribed by

the commissioner, to be excused from that requirement.  The commissioner may excuse the taxpayer from the requirements of division (C) of

this section for good cause. (4) If the reporting person for a taxpayer that is required to remit tax payments or

file reports electronically under this section fails to do so, the commissioner may

impose a penalty not to exceed the following: (a) For either of the first two reports the person so fails, five per cent of the amount

of the payment that was required to be remitted; (b) For the third and any subsequent reports the person so fails, ten per cent of the

amount of the payment that was required to be remitted. The penalty imposed under this section is in addition to any other penalty or charge

imposed under this chapter and shall be considered as revenue arising from the tax

levied under this chapter.  A penalty may be collected by assessment in the manner prescribed by section 5726.20 of the Revised Code .  The tax commissioner may abate all or a portion of such a penalty and may adopt

rules governing such abatements.