Ohio § 5739.029

§ 5739.029.

(A) Notwithstanding sections 5739.02 , 5739.021 , 5739.023 , 5739.026 , 5741.02 , 5741.021 , 5741.022 , and 5741.023 of the Revised Code , and except as otherwise provided in division (B) of this section, the tax due under

this chapter on the sale of a motor vehicle required to be titled under Chapter 4505.

of the Revised Code by a motor vehicle dealer to a consumer that is a nonresident

of this state shall be the lesser of the amount of tax that would be due under this

chapter and Chapter 5741. of the Revised Code if the total combined rate were six

per cent, or the amount of tax that would be due to the state in which the consumer

titles or registers the motor vehicle or to which the consumer removes the vehicle

for use. (B) No tax is due under this section, any other section of this chapter, or Chapter 5741.

of the Revised Code under any of the following circumstances: (1)(a) The consumer intends to immediately remove the motor vehicle from this state for

use outside this state; (b) Upon removal of the motor vehicle from this state, the consumer intends to title

or register the vehicle in another state if such titling or registration is required; (c) The consumer signs a statement as required under division (C) of this section certifying

the consumer's intentions under divisions (B)(1)(a) and (b) of this section;  and (d) The state in which the consumer titles or registers the motor vehicle or to which

the consumer removes the vehicle for use provides an exemption under circumstances

substantially similar to those described in division (B)(1) of this section. (2) The state in which the consumer titles or registers the motor vehicle or to which

the consumer removes the vehicle for use does not provide a credit against its sales

or use tax or similar excise tax for sales or use tax paid to this state. (3) The state in which the consumer titles or registers the motor vehicle or to which

the consumer removes the vehicle for use does not impose a sales or use tax or similar

excise tax on the ownership or use of motor vehicles. (C) Any nonresident consumer that purchases a motor vehicle from a motor vehicle dealer

in this state under the circumstances described in divisions (B)(1)(a) and (b) of

this section shall sign a statement certifying the intentions described in those divisions.  The statement shall be in the form specified by the tax commissioner and either

signed in duplicate if signed in a nonelectronic format or signed once if signed electronically.  The statement shall be given to the motor vehicle dealer. A motor vehicle dealer that accepts in good faith a statement presented under this

division by a nonresident consumer may rely upon the representations made in the statement. (D) A motor vehicle dealer making a sale subject to the tax under division (A) of this

section shall collect the tax due unless the sale is subject to the exception under

division (B) of this section or unless the sale is not otherwise subject to taxes

levied under sections 5739.02 , 5739.021 , 5739.023 , 5739.026 , 5741.02 , 5741.021 , 5741.022 , and 5741.023 of the Revised Code .  In the case of a sale under the circumstances described in division (B)(1) of this

section, the dealer shall either retain one copy of the statement and file the other

copy with the clerk of the court of common pleas or, if the statement was electronically

signed, submit the statement electronically to the clerk.  If tax is due under division (A) of this section, the dealer shall remit the tax

collected to the clerk at the time the dealer obtains the Ohio certificate of title

in the name of the consumer as required under section 4505.06 of the Revised Code .  The clerk shall forward the statement to the tax commissioner in the manner prescribed

by the commissioner. Unless a sale is excepted from taxation under division (B) of this section, upon receipt

of an application for certificate of title a clerk of the court of common pleas shall

collect the sales tax due under division (A) of this section.  The clerk shall remit the tax collected to the tax commissioner in the manner prescribed

by the commissioner. (E) If a motor vehicle is purchased by a corporation described in division (B)(6) of section 5739.01 of the Revised Code , the state of residence of the consumer for the purposes of this section is the state

of residence of the corporation's principal shareholder. (F) Any provision of this chapter or of Chapter 5741. of the Revised Code that is not

inconsistent with this section applies to sales described in division (A) of this

section. (G) As used in this section: (1) For the purposes of this section only, the sale or purchase of a motor vehicle does

not include a lease or rental of a motor vehicle subject to division (A)(2) or (3) of section 5739.02 or division (A)(2) or (3) of section 5741.02 of the Revised Code ; (2) “ State ,” except in reference to “ this state ,” means any state, district, commonwealth, or territory of the United States and

any province of Canada.