Ohio § 5747.082

§ 5747.082.

(A) As used in this section: (1) “ Electronic technology ” means electronic technology acceptable to the tax commissioner under division (B)

of this section. (2) “ Original tax return ” means any report, return, or other tax document required to be filed under this

chapter for the purpose of reporting the taxes due under, and withholdings required

by, this chapter.  “Original tax return” does not include an amended return or any declaration or form

required by or filed in connection with section 5747.09 of the Revised Code . (3) “Related member” has the same meaning as in section 5733.042 of the Revised Code . (4) “ Tax return preparer ” means any person that operates a business that prepares, or directly or indirectly

employs another person to prepare, for a taxpayer an original tax return in exchange

for compensation or remuneration from the taxpayer or the taxpayer's related member.  With respect to the preparation of a return or application for refund under this

chapter, “tax return preparer” does not include an individual who performs only one

or more of the following activities: (a) Furnishes typing, reproducing, or other mechanical assistance; (b) Prepares an application for refund or a return on behalf of an employer by whom the

individual is regularly and continuously employed, or on behalf of an officer or employee

of that employer; (c) Prepares as a fiduciary an application for refund or a return; (d) Prepares an application for refund or a return for a taxpayer in response to a notice

of deficiency issued to the taxpayer or the taxpayer's related member, or in response

to a waiver of restriction after the commencement of an audit of the taxpayer or the

taxpayer's related member. (B) Divisions (C) and (D) of this section apply to the filing of original tax returns

that are due in a calendar year only if the tax commissioner, by the last day of the

calendar year immediately preceding the calendar year in which such returns are due,

has published on the department of taxation's official internet web site at least

one method of electronic technology acceptable to the commissioner for filing such

returns. (C) A tax return preparer that prepares more than eleven original tax returns during

any calendar year shall use electronic technology to file with the tax commissioner

all original tax returns prepared by the tax return preparer.  This division does not apply to a tax return preparer in any calendar year if, during

the previous calendar year, the tax return preparer prepared not more than ten original

tax returns. (D) If a tax return preparer required by this section to submit original tax returns

by electronic technology files an original tax return by some means other than by

electronic technology, the tax commissioner shall impose a penalty of fifty dollars

for each return in excess of eleven in any calendar year that is not filed by electronic

technology.  Upon good cause shown by the tax return preparer, the tax commissioner may waive

all or any portion of the penalty or may refund all or any portion of the penalty

the tax return preparer has paid.