Ohio § 5745.05

§ 5745.05.

(A) Prior to the first day of March, June, September, and December, the tax commissioner

shall certify to the director of budget and management the amount to be paid to each

municipal corporation, as indicated on the declaration of estimated tax reports and

annual reports received under sections 5745.03 and 5745.04 of the Revised Code , less any amounts previously distributed and net of any audit adjustments made by

the tax commissioner.  Not later than the first day of March, June, September, and December, the director

of budget and management shall provide for payment of the amount certified to each

municipal corporation from the municipal income tax fund, plus a pro rata share of

any investment earnings accruing to the fund since the previous payment under this

section apportioned among municipal corporations entitled to such payments in proportion

to the amount certified by the tax commissioner, and minus any reduction required

by the commissioner under division (D) of section 718.83 of the Revised Code .  All investment earnings on money in the municipal income tax fund shall be credited

to that fund. (B) If the tax commissioner determines that the amount of tax paid by a taxpayer and

distributed to a municipal corporation under this section for a taxable year exceeds

the amount payable to that municipal corporation under this chapter after accounting

for amounts remitted with the annual report and as estimated taxes, the tax commissioner

shall permit the taxpayer to credit the excess against the taxpayer's payments to

the municipal corporation of estimated taxes remitted for an ensuing taxable year

under section 5745.04 of the Revised Code .  If, upon the written request of the taxpayer, the tax commissioner determines that

the excess to be so credited is likely to exceed the amount of estimated taxes payable

by the taxpayer to the municipal corporation during the ensuing twelve months, the

tax commissioner shall so notify the municipal corporation and the municipal corporation

shall issue a refund of the excess to the taxpayer within ninety days after receiving

such a notice.  Interest shall accrue on the amount to be refunded and is payable to the taxpayer

at the rate per annum prescribed by section 5703.47 of the Revised Code from the ninety-first day after the notice is received by the municipal corporation

until the day the refund is paid.  Immediately after notifying a municipal corporation under this division of an excess

to be refunded, the commissioner also shall notify the director of budget and management

of the amount of the excess, and the director shall transfer from the municipal income

tax administrative fund to the municipal income tax fund one and one-half per cent

of the amount of the excess.  The commissioner shall include the transferred amount in the computation of the

amount due the municipal corporation in the next certification to the director under

division (A) of this section.