Ohio § 5739.122

§ 5739.122.

(A) If the total amount of tax required to be paid by a vendor under section 5739.12 of the Revised Code for any calendar year equals or exceeds seventy-five thousand dollars, the vendor

shall remit each monthly tax payment in the second ensuing and each succeeding tax

year on an accelerated basis as prescribed by divisions (B) and (C) of this section. If a vendor's tax payment for each of two consecutive years is less than seventy-five

thousand dollars, the vendor is relieved of the requirement to remit taxes in the

manner prescribed by this section for the year that next follows the second of the

consecutive years in which the tax payment is less than that amount, and is relieved

of that requirement for each succeeding year, unless the tax payment in a subsequent

year equals or exceeds seventy-five thousand dollars. The tax commissioner shall notify each vendor required to make accelerated tax payments

of the vendor's obligation to do so and shall maintain an updated list of those vendors.  Failure by the tax commissioner to notify a vendor subject to this section to remit

taxes on an accelerated basis does not relieve the vendor of its obligation to remit

taxes as provided under division (B) of this section. (B) Vendors required by division (A) of this section to make accelerated tax payments

shall electronically remit such payments to the tax commissioner in a manner approved

by the commissioner, as follows: (1) On or before the twenty-third day of each month, a vendor shall remit an amount equal

to seventy-five per cent of the anticipated tax liability for that month. (2) On or before the twenty-third day of each month, a vendor shall report the taxes

collected for the previous month and shall remit that amount, less any amounts paid

for that month as required by division (B)(1) of this section. The payment of taxes on an accelerated basis under this section does not affect a

vendor's obligation to file returns and pay the tax shown on the returns to be due

as required under section 5739.12 of the Revised Code . (C) A vendor required by this section to remit taxes on an accelerated basis may apply

to the tax commissioner, in the manner prescribed by the commissioner, to be excused

from that requirement.  The commissioner may excuse the vendor from remittance on an accelerated basis for

good cause shown for the period of time requested by the vendor or for a portion of

that period. (D)(1)(a) If a vendor that is required to remit payments under division (B) of this section

fails to make a payment required under division (B)(1) of this section, or makes a

payment under division (B)(1) of this section that is less than seventy-five per cent

of the actual liability for that month, the commissioner may impose an additional

charge not to exceed five per cent of that unpaid amount. (b) Division (D)(1)(a) of this section does not apply if the vendor's payment under division

(B)(1) of this section is equal to or greater than seventy-five per cent of the vendor's

reported liability for the same month in the immediately preceding calendar year. (2) Any additional charge imposed under division (D)(1) of this section is in addition

to any other penalty or charge imposed under this chapter, and shall be considered

as revenue arising from taxes imposed under this chapter.  An additional charge may be collected by assessment in the manner prescribed by section 5739.13 of the Revised Code .  The tax commissioner may waive all or a portion of such a charge and may adopt rules

governing such waiver.