Ohio § 5747.08

§ 5747.08.

An annual return with respect to the tax imposed by section 5747.02 of the Revised Code and each tax imposed under Chapter 5748. of the Revised Code shall be made by every

taxpayer for any taxable year for which the taxpayer is liable for the tax imposed

by that section or under that chapter, unless the total credits allowed under division (E) of section 5747.05 and divisions (F) and (G) of section 5747.055 of the Revised Code for the year are equal to or exceed the tax imposed by section 5747.02 of the Revised Code , in which case no return shall be required unless the taxpayer is liable for a tax

imposed pursuant to Chapter 5748. of the Revised Code. (A) If an individual is deceased, any return or notice required of that individual under

this chapter shall be made and filed by that decedent's executor, administrator, or

other person charged with the property of that decedent. (B) If an individual is unable to make a return or notice required by this chapter, the

return or notice required of that individual shall be made and filed by the individual's

duly authorized agent, guardian, conservator, fiduciary, or other person charged with

the care of the person or property of that individual. (C) Returns or notices required of an estate or a trust shall be made and filed by the

fiduciary of the estate or trust. (D)(1)(a) Except as otherwise provided in division (D)(1)(b) of this section, any pass-through

entity may file a single return on behalf of one or more of the entity's investors

other than an investor that is a person subject to the tax imposed under section 5733.06 of the Revised Code .  The single return shall set forth the name, address, and social security number

or other identifying number of each of those pass-through entity investors and shall

indicate the distributive share of each of those pass-through entity investor's income

taxable in this state in accordance with sections 5747.20 to 5747.231 of the Revised Code .  Such pass-through entity investors for whom the pass-through entity elects to file

a single return are not entitled to the exemption or credit provided for by sections 5747.02 and 5747.022 of the Revised Code ;  shall calculate the tax before business credits at the highest rate of tax set

forth in section 5747.02 of the Revised Code for the taxable year for which the return is filed;  and are entitled to only their

distributive share of the business credits as defined in division (D)(2) of this section.  A single check drawn by the pass-through entity shall accompany the return in full

payment of the tax due, as shown on the single return, for such investors, other than

investors who are persons subject to the tax imposed under section 5733.06 of the Revised Code . (b)(i) A pass-through entity shall not include in such a single return any investor that

is a trust to the extent that any direct or indirect current, future, or contingent

beneficiary of the trust is a person subject to the tax imposed under section 5733.06 of the Revised Code . (ii) A pass-through entity shall not include in such a single return any investor that

is itself a pass-through entity to the extent that any direct or indirect investor

in the second pass-through entity is a person subject to the tax imposed under section 5733.06 of the Revised Code . (c) Except as provided by division (L) of this section, nothing in division (D) of this

section precludes the tax commissioner from requiring such investors to file the return

and make the payment of taxes and related interest, penalty, and interest penalty

required by this section or section 5747.02 , 5747.09 , or 5747.15 of the Revised Code .  Nothing in division (D) of this section precludes such an investor from filing the

annual return under this section, utilizing the refundable credit equal to the investor's

proportionate share of the tax paid by the pass-through entity on behalf of the investor

under division (I) of this section, and making the payment of taxes imposed under section 5747.02 of the Revised Code .  Nothing in division (D) of this section shall be construed to provide to such an

investor or pass-through entity any additional deduction or credit, other than the

credit provided by division (I) of this section, solely on account of the entity's

filing a return in accordance with this section.  Such a pass-through entity also shall make the filing and payment of estimated taxes

on behalf of the pass-through entity investors other than an investor that is a person

subject to the tax imposed under section 5733.06 of the Revised Code . (2) For the purposes of this section, “ business credits ” means the credits listed in section 5747.98 of the Revised Code excluding the following credits: (a) The retirement income credit under division (B) of section 5747.055 of the Revised Code ; (b) The senior citizen credit under division (F) of section 5747.055 of the Revised Code ; (c) The lump sum distribution credit under division (G) of section 5747.055 of the Revised Code ; (d) The dependent care credit under section 5747.054 of the Revised Code ; (e) The lump sum retirement income credit under division (C) of section 5747.055 of the Revised Code ; (f) The lump sum retirement income credit under division (D) of section 5747.055 of the Revised Code ; (g) The lump sum retirement income credit under division (E) of section 5747.055 of the Revised Code ; (h) The credit for displaced workers who pay for job training under section 5747.27 of the Revised Code ; (i) The twenty-dollar personal exemption credit under section 5747.022 of the Revised Code ; (j) The joint filing credit under division (E) of section 5747.05 of the Revised Code ; (k) The nonresident credit under division (A) of section 5747.05 of the Revised Code ; (l) The credit for a resident's out-of-state income under division (B) of section 5747.05 of the Revised Code ; (m) The earned income tax credit under section 5747.71 of the Revised Code ; (n) The lead abatement credit under section 5747.26 of the Revised Code ; (o) The credit for education expenses under section 5747.72 of the Revised Code ; (p) The credit for tuition paid to a nonchartered nonpublic school under section 5747.75 of the Revised Code . (3) The election provided for under division (D) of this section applies only to the

taxable year for which the election is made by the pass-through entity.  Unless the tax commissioner provides otherwise, this election, once made, is binding

and irrevocable for the taxable year for which the election is made.  Nothing in this division shall be construed to provide for any deduction or credit

that would not be allowable if a nonresident pass-through entity investor were to

file an annual return. (4) If a pass-through entity makes the election provided for under division (D) of this

section, the pass-through entity shall be liable for any additional taxes, interest,

interest penalty, or penalties imposed by this chapter if the tax commissioner finds

that the single return does not reflect the correct tax due by the pass-through entity

investors covered by that return.  Nothing in this division shall be construed to limit or alter the liability, if

any, imposed on pass-through entity investors for unpaid or underpaid taxes, interest,

interest penalty, or penalties as a result of the pass-through entity's making the

election provided for under division (D) of this section.  For the purposes of division (D) of this section, “ correct tax due ” means the tax that would have been paid by the pass-through entity had the single

return been filed in a manner reflecting the commissioner's findings.  Nothing in division (D) of this section shall be construed to make or hold a pass-through

entity liable for tax attributable to a pass-through entity investor's income from

a source other than the pass-through entity electing to file the single return. (E) If a husband and wife file a joint federal income tax return for a taxable year,

they shall file a joint return under this section for that taxable year, and their

liabilities are joint and several, but, if the federal income tax liability of either

spouse is determined on a separate federal income tax return, they shall file separate

returns under this section. If either spouse is not required to file a federal income tax return and either or

both are required to file a return pursuant to this chapter, they may elect to file

separate or joint returns, and, pursuant to that election, their liabilities are separate

or joint and several.  If a husband and wife file separate returns pursuant to this chapter, each must

claim the taxpayer's own exemption, but not both, as authorized under section 5747.02 of the Revised Code on the taxpayer's own return. (F) Each return or notice required to be filed under this section shall contain the signature

of the taxpayer or the taxpayer's duly authorized agent and of the person who prepared

the return for the taxpayer, and shall include the taxpayer's social security number.  Each return shall be verified by a declaration under the penalties of perjury.  The tax commissioner shall prescribe the form that the signature and declaration

shall take. (G) Each return or notice required to be filed under this section shall be made and filed

as required by section 5747.04 of the Revised Code , on or before the fifteenth day of April of each year, on forms that the tax commissioner

shall prescribe, together with remittance made payable to the treasurer of state in

the combined amount of the state and all school district income taxes shown to be

due on the form. Upon good cause shown, the commissioner may extend the period for filing any notice

or return required to be filed under this section and may adopt rules relating to

extensions.  If the extension results in an extension of time for the payment of any state or

school district income tax liability with respect to which the return is filed, the

taxpayer shall pay at the time the tax liability is paid an amount of interest computed

at the rate per annum prescribed by section 5703.47 of the Revised Code on that liability from the time that payment is due without extension to the time

of actual payment.  Except as provided in section 5747.132 of the Revised Code , in addition to all other interest charges and penalties, all taxes imposed under

this chapter or Chapter 5748. of the Revised Code and remaining unpaid after they

become due, except combined amounts due of one dollar or less, bear interest at the

rate per annum prescribed by section 5703.47 of the Revised Code until paid or until the day an assessment is issued under section 5747.13 of the Revised Code , whichever occurs first. If the commissioner considers it necessary in order to ensure the payment of the tax

imposed by section 5747.02 of the Revised Code or any tax imposed under Chapter 5748. of the Revised Code, the commissioner may

require returns and payments to be made otherwise than as provided in this section. To the extent that any provision in this division conflicts with any provision in section 5747.026 of the Revised Code , the provision in that section prevails. (H) The amounts withheld pursuant to section 5747.06 , 5747.062 , 5747.063 , 5747.064 , 5747.065 , or 5747.071 of the Revised Code shall be allowed to the ultimate recipient of the income as credits against payment

of the appropriate taxes imposed on the ultimate recipient by section 5747.02 and under Chapter 5748. of the Revised Code.  As used in this division, “ ultimate recipient ” means the person who is required to report income from which amounts are withheld

pursuant to section 5747.06 , 5747.062 , 5747.063 , 5747.064 , 5747.065 , or 5747.071 of the Revised Code on the annual return required to be filed under this section. (I) If a pass-through entity elects to file a single return under division (D) of this

section and if any investor is required to file the annual return and make the payment

of taxes required by this chapter on account of the investor's other income that is

not included in a single return filed by a pass-through entity or any other investor

elects to file the annual return, the investor is entitled to a refundable credit

equal to the investor's proportionate share of the lesser of the tax due or the tax

paid by the pass-through entity on behalf of the investor.  The investor shall claim the credit for the investor's taxable year in which or

with which ends the taxable year of the pass-through entity.  Nothing in this chapter shall be construed to allow any credit provided in this

chapter to be claimed more than once.  For the purpose of computing any interest, penalty, or interest penalty, the investor

shall be deemed to have paid the refundable credit provided by this division on the

day that the pass-through entity paid the estimated tax or the tax giving rise to

the credit. (J) The tax commissioner shall ensure that each return required to be filed under this

section includes a box that the taxpayer may check to authorize a paid tax preparer

who prepared the return to communicate with the department of taxation about matters

pertaining to the return.  The return or instructions accompanying the return shall indicate that by checking

the box the taxpayer authorizes the department of taxation to contact the preparer

concerning questions that arise during the processing of the return and authorizes

the preparer only to provide the department with information that is missing from

the return, to contact the department for information about the processing of the

return or the status of the taxpayer's refund or payments, and to respond to notices

about mathematical errors, offsets, or return preparation that the taxpayer has received

from the department and has shown to the preparer. (K) The tax commissioner shall permit individual taxpayers to instruct the department

of taxation to cause any refund of overpaid taxes to be deposited directly into a

checking account, savings account, or an individual retirement account or individual

retirement annuity, or preexisting college savings plan or program account offered

by the Ohio tuition trust authority under Chapter 3334. of the Revised Code, as designated

by the taxpayer, when the taxpayer files the annual return required by this section

electronically. (L) If, for the taxable year, a nonresident or trust that is the owner of an electing

pass-through entity, as defined in section 5747.38 of the Revised Code , does not have Ohio adjusted gross income or, in the case of a trust, modified Ohio

taxable income other than from one or more electing pass-through entities, the nonresident

or trust shall not be required to file an annual return under this section.  Nothing in this division precludes such an owner from filing the annual return under

this section, utilizing the refundable credit under section 5747.39 of the Revised Code equal to the owner's proportionate share of the tax levied under section 5747.38 of the Revised Code and paid by the electing pass-through entity, and making the payment of taxes imposed

under section 5747.02 of the Revised Code . (M) The tax commissioner may adopt rules to administer this section.