Effective: April 12, 2021
Latest Legislation: Senate Bill 276 - 133rd General Assembly
For purposes of Title LVII of the Revised Code:
(A) In order to determine a limited liability company's nonprofit status, an entity is operating with a nonprofit purpose under section 1705.02 of the Revised Code or carrying on any nonprofit activity under section 1706.05 of the Revised Code if that entity is organized other than for the pecuniary gain or profit of, and its net earnings or any part of its net earnings are not distributable to, its members, its directors, its officers, or other private persons, except that the payment of reasonable compensation for services rendered, payments and distributions in furtherance of its nonprofit purpose, and the distribution of assets on dissolution permitted by section 1702.49 of the Revised Code are not pecuniary gain or profit or distribution of net earnings. In no event shall payments and distributions in furtherance of an entity's nonprofit purpose deprive the entity of its nonprofit status as long as all of the members of that entity are operating with a nonprofit purpose.
(B) A single member limited liability company that operates with a nonprofit purpose, as described in division (A) of this section, shall be treated as part of the same legal entity as its nonprofit member, and all assets and liabilities of that single member limited liability company shall be considered to be that of the nonprofit member. Filings or applications for exemptions or other tax purposes may be made either by the single member limited liability company or its nonprofit member.
Last updated September 13, 2021 at 12:14 PM
Structure Ohio Revised Code
Section 5701.01 | Person Defined.
Section 5701.02 | Real Property Definitions.
Section 5701.03 | Personal Property and Business Fixture Defined.
Section 5701.04 | Money Defined.
Section 5701.05 | Deposits Defined.
Section 5701.06 | Investments Defined.
Section 5701.07 | Credits, Current Accounts, Prepaid Items Defined.
Section 5701.08 | Used in Business, Business Defined.
Section 5701.09 | Other Taxable Intangibles, Other Intangible Property Defined.
Section 5701.10 | Income Yield Defined.
Section 5701.11 | References to Internal Revenue Code - Election of Taxable Year.
Section 5701.13 | Home for the Aged Defined.
Section 5701.14 | Entity Operating With Nonprofit Purpose Defined - Single Member Llc.