Ohio § 718.17

§ 718.17.

(A) As used in this section: (1) “ Nonqualified deferred compensation plan ” means a compensation plan described in section 3121(v)(2)(C) of the Internal Revenue Code . (2)(a) Except as provided in division (A)(2)(b) of this section, “ qualifying loss ” means the excess, if any, of the total amount of compensation the payment of which

is deferred pursuant to a nonqualified deferred compensation plan over the total amount

of income the taxpayer has recognized for federal income tax purposes for all taxable

years on a cumulative basis as compensation with respect to the taxpayer's receipt

of money and property attributable to distributions in connection with the nonqualified

deferred compensation plan. (b) If, for one or more taxable years, the taxpayer has not paid to one or more municipal

corporations income tax imposed on the entire amount of compensation the payment of

which is deferred pursuant to a nonqualified deferred compensation plan, then the

“qualifying loss” is the product of the amount resulting from the calculation described

in division (A)(2)(a) of this section computed without regard to division (A)(2)(b)

of this section and a fraction the numerator of which is the portion of such compensation

on which the taxpayer has paid income tax to one or more municipal corporations and

the denominator of which is the total amount of compensation the payment of which

is deferred pursuant to a nonqualified deferred compensation plan. (c) With respect to a nonqualified deferred compensation plan, the taxpayer sustains

a qualifying loss only in the taxable year in which the taxpayer receives the final

distribution of money and property pursuant to that nonqualified deferred compensation

plan. (3) “ Qualifying tax rate ” means the applicable tax rate for the taxable year for which the taxpayer paid income

tax to a municipal corporation with respect to any portion of the total amount of

compensation the payment of which is deferred pursuant to a nonqualified deferred

compensation plan.  If different tax rates applied for different taxable years, then the “qualifying

tax rate” is a weighted average of those different tax rates.  The weighted average shall be based upon the tax paid to the municipal corporation

each year with respect to the nonqualified deferred compensation plan. (B)(1) Except as provided in division (D) of this section, a refundable credit shall be

allowed against the income tax imposed by a municipal corporation for each qualifying

loss sustained by a taxpayer during the taxable year.  The amount of the credit shall be equal to the product of the qualifying loss and

the qualifying tax rate. (2) A taxpayer shall claim the credit allowed under this section from each municipal

corporation to which the taxpayer paid municipal income tax with respect to the nonqualified

deferred compensation plan in one or more taxable years. (3) If a taxpayer has paid tax to more than one municipal corporation with respect to

the nonqualified deferred compensation plan, the amount of the credit that a taxpayer

may claim from each municipal corporation shall be calculated on the basis of each

municipal corporation's proportionate share of the total municipal corporation income

tax paid by the taxpayer to all municipal corporations with respect to the nonqualified

deferred compensation plan. (4) In no case shall the amount of the credit allowed under this section exceed the cumulative

income tax that a taxpayer has paid to a municipal corporation for all taxable years

with respect to the nonqualified deferred compensation plan. (C)(1) For purposes of this section, municipal corporation income tax that has been withheld

with respect to a nonqualified deferred compensation plan shall be considered to have

been paid by the taxpayer with respect to the nonqualified deferred compensation plan. (2) Any municipal income tax that has been refunded or otherwise credited for the benefit

of the taxpayer with respect to a nonqualified deferred compensation plan shall not

be considered to have been paid to the municipal corporation by the taxpayer. (D) The credit allowed under this section is allowed only to the extent the taxpayer's

qualifying loss is attributable to: (1) The insolvency or bankruptcy of the employer who had established the nonqualified

deferred compensation plan;  or (2) The employee's failure or inability to satisfy all of the employer's terms and conditions

necessary to receive the nonqualified deferred compensation.