Ohio § 5733.55

§ 5733.55.

(A) As used in this section: (1) “9-1-1 system” has the same meaning as in section 128.01 of the Revised Code . (2) “ Nonrecurring 9-1-1 charges ” means nonrecurring charges approved by the public utilities commission for the telephone

network portion of a 9-1-1 system pursuant to section 128.33 of the Revised Code . (3) “ Eligible nonrecurring 9-1-1 charges ” means all nonrecurring 9-1-1 charges for a 9-1-1 system except both of the following: (a) Charges for a system that was not established pursuant to a plan adopted under section 128.08 of the Revised Code ; (b) Charges for that part of a system established pursuant to such a plan that are excluded

from the credit by division (C)(2) of section 128.33 of the Revised Code . (4) “Telephone company” has the same meaning as in section 5727.01 of the Revised Code . (B) Beginning in tax year 2005, a telephone company shall be allowed a nonrefundable

credit against the tax imposed by section 5733.06 of the Revised Code equal to the amount of its eligible nonrecurring 9-1-1 charges.  The credit shall be claimed for the company's taxable year that covers the period

in which the 9-1-1 service for which the credit is claimed becomes available for use.  The credit shall be claimed in the order required by section 5733.98 of the Revised Code .  If the credit exceeds the total taxes due under section 5733.06 of the Revised Code for the tax year, the tax commissioner shall credit the excess against taxes due

under that section for succeeding tax years until the full amount of the credit is

granted. (C) After the last day a return, with any extensions, may be filed by any telephone company

that is eligible to claim a credit under this section, the commissioner shall determine

whether the sum of the credits allowed for prior tax years commencing with tax year

2005 plus the sum of the credits claimed for the current tax year exceeds fifteen

million dollars.  If it does, the credits allowed under this section for the current tax year shall

be reduced by a uniform percentage such that the sum of the credits allowed for the

current tax year do not exceed fifteen million dollars claimed by all telephone companies

for all tax years.  Thereafter, no credit shall be granted under this section, except for the remaining

portions of any credits allowed under division (B) of this section. (D) A telephone company that is entitled to carry forward a credit against its public

utility excise tax liability under section 5727.39 of the Revised Code is entitled to carry forward any amount of that credit remaining after its last public

utility excise tax payment for the period of July 1, 2003, through June 30, 2004,

and claim that amount as a credit against its corporation franchise tax liability

under this section.  Nothing in this section authorizes a telephone company to claim a credit under this

section for any eligible nonrecurring 9-1-1 charges for which it has already claimed

a credit under this section or section 5727.39 of the Revised Code .