Ohio Revised Code
Chapter 5711 | Listing Personal Property
Section 5711.26 | Commissioner May Make Certain Final Assessments.

Effective: July 1, 1985
Latest Legislation: House Bill 201 - 116th General Assembly
Except for taxable property concerning the assessment of which an appeal has been filed under section 5717.02 of the Revised Code, the tax commissioner may, within the time limitation in section 5711.25 of the Revised Code, and shall, upon application filed within such time limitation in accordance with the requirements of this section, finally assess the taxable property required to be returned by any taxpayer, financial institution, dealer in intangibles, or domestic insurance company as to which a preliminary or amended assessment has been made by or certified to a county auditor or certified to the treasurer of state or as to which the preliminary assessment is evidenced by a return filed with a county auditor for any prior year; and the commissioner may finally assess the taxable property of a taxpayer, financial institution, dealer in intangibles, or domestic insurance company who has failed to make a return to a county auditor or to the department of taxation in any such year. Application for final assessment shall be filed with the tax commissioner in person or by certified mail. If the application is filed by certified mail, the date of the United States postmark placed on the sender's receipt by the postal employee to whom the application is presented shall be treated as the date of filing. The application shall have attached thereto and incorporated therein by reference a true copy of the most recent preliminary or amended assessment, whether evidenced by certificate or return, to which correction is sought through the issuance of a final assessment certificate. The application shall also have attached thereto and incorporated therein by reference evidence establishing that the taxes, and any penalties and interest thereon, due on such preliminary or amended assessment have been paid. By filing such application within the time prescribed by section 5711.25 of the Revised Code, the taxpayer has waived such time limitation and consented to the issuance of his assessment certificate after the expiration of such time limitation.
For the purpose of issuing a final assessment the commissioner may utilize all facts or information he possesses, and shall certify in the manner prescribed by law a final assessment certificate in such form as the case may require, giving notice thereof by mail to the taxpayer, financial institution, dealer in intangibles, or domestic insurance company. Such final assessment certificate shall set forth, as to each year covered, the amount of the final assessment as to each class of property and the amount of the corresponding preliminary or last amended assessment. If no preliminary or amended assessment was made, the amount listed in the taxpayer's return for each such class of property shall be shown. If the amount of any final assessment of any such class for any year exceeds the amount of the preliminary or amended assessment of such class for such year, the difference shall be designated a "deficiency," and if no preliminary or amended assessment has been made, each item in the final assessment certificate shall be so designated. If the final assessment of any such class for any such year is less in amount than the preliminary or amended assessment thereof for such year, the difference shall be designated an "excess." The commissioner shall add to each such deficiency assessment the penalty provided by law, computed on the amount of such deficiency.
A copy of the final assessment certificate shall be transmitted to the treasurer of state or the proper county auditor, who shall make any corrections to his records and tax lists and duplicates required in accordance therewith and proceed as prescribed by section 5711.32 or 5725.22 of the Revised Code.
An appeal may be taken from any assessment authorized by this section to the board of tax appeals as provided by section 5717.02 of the Revised Code. When such an appeal is filed and the notice of appeal filed with the commissioner has attached thereto and incorporated therein by reference a true copy of any assessment authorized by this section as required by section 5717.02 of the Revised Code, the commissioner shall notify the treasurer of state or the auditor and treasurer of each county having any part of such assessment entered on the tax list or duplicate.
Upon the final determination of an appeal which may be taken from an assessment authorized by this section, the commissioner shall notify the treasurer of state or the proper county auditor of such final determination. The notification may be in the form of a corrected assessment certificate. Upon receipt of the notification, the treasurer of state or the county auditor shall make any corrections to his records and tax lists and duplicates required in accordance therewith and proceed as prescribed by section 5711.32 or 5725.22 of the Revised Code.
The assessment certificates mentioned in this section, and the copies thereof, shall not be open to public inspection.

Structure Ohio Revised Code

Ohio Revised Code

Title 57 | Taxation

Chapter 5711 | Listing Personal Property

Section 5711.01 | Listing Personal Property Definitions.

Section 5711.02 | Annual Returns - Supplying of Blanks.

Section 5711.03 | Listing of Taxable Property.

Section 5711.04 | Time for Making Returns.

Section 5711.05 | Returns of Taxable Property - Fiduciary Returns.

Section 5711.06 | Listing of Transferred Investments.

Section 5711.07 | Proper Taxing District for Listing Property.

Section 5711.09 | Powers and Duties of Tax Commissioner - Contents of Return.

Section 5711.10 | Option to File Verified Federal Income Tax Return.

Section 5711.101 | Tax Commissioner May Require Financial Statement or Balance Sheet - Substitute Listing Date.

Section 5711.11 | Certain Returns Shall Be Made in Duplicate - County Auditor to Assess Property - Returns Are Confidential.

Section 5711.13 | Taxpayer Shall Make Combined Return - Assessment - Certification to Treasurer of State.

Section 5711.131 | County Supplemental Return.

Section 5711.14 | Consolidated Returns for Corporations - Joint Returns for Husband and Wife.

Section 5711.15 | Valuation of Merchandise Offered for Sale.

Section 5711.16 | Listing of Personal Property by Manufacturer - Average Value of Articles.

Section 5711.17 | Separate Listing of Property by Manufacturer.

Section 5711.18 | Valuation of Accounts and Personal Property - Procedure - Income Yield.

Section 5711.19 | Determination of Trust Income - Cash Distribution.

Section 5711.21 | Rules Governing Assessments.

Section 5711.22 | Listing and Rates of Personal Property Tax.

Section 5711.221 | Report of Investment Income.

Section 5711.23 | Reclassified Property Assessable.

Section 5711.24 | Power of Tax Commissioner to Assess Taxable Property - Assessment Certificate.

Section 5711.25 | Procedure in Dealing With Assessment Certificates - Final Certificates.

Section 5711.26 | Commissioner May Make Certain Final Assessments.

Section 5711.27 | Penalty Assessment for Failure to Make Return or List or Disclose All Taxable Property - Personal Liability of Fiduciary.

Section 5711.28 | Unreasonable Accumulation of Profits by Corporation - Accumulation of Trust Income - Assessment by Commissioner.

Section 5711.29 | Unreasonable Accumulation of Profits by Corporation - Accumulation of Trust Income - Assessment by Commissioner.

Section 5711.30 | Penalty Assessment for Declaring a Nominal Dividend or to Evade Taxes.

Section 5711.31 | Notice of Assessment - Petition for Reassessment - Final Determination.

Section 5711.32 | Correction of Records and Tax Lists.

Section 5711.33 | Tax Bills Issued for Deficiency Assessment.

Section 5711.34 | List of Investment Holders in Corporations to Be Filed With Tax Commissioner.

Section 5711.341 | List of Investors in Money Market Investment to Be Filed With Tax Commissioner.

Section 5711.35 | Resident Deputy County Treasurer.

Section 5711.36 | Filing and Preservation of Returns and Assessment Certificates.