Effective: September 29, 2017
Latest Legislation: House Bill 49 - 132nd General Assembly
(A) Any public utility subject to an excise tax imposed by section 5727.30 of the Revised Code whose tax equals or exceeds fifty thousand dollars shall make each payment required under division (B) of section 5727.31 of the Revised Code for the second ensuing and each succeeding year by electronic funds transfer as prescribed by division (C) of this section.
If the tax in each of two consecutive years is less than fifty thousand dollars, the public utility is relieved of the requirement to remit taxes by electronic funds transfer for the year that next follows the second of the consecutive years in which the tax certified is less than fifty thousand dollars, and is relieved of that requirement for each succeeding year unless the tax in a subsequent year equals or exceeds fifty thousand dollars.
(B) The tax commissioner shall notify each public utility required by this section or section 5727.25 of the Revised Code to remit taxes by electronic funds transfer of the public utility's obligation to do so and shall maintain an updated list of those public utilities. Failure by the tax commissioner to notify a public utility subject to this section to remit taxes by electronic funds transfer does not relieve the public utility of its obligation to remit taxes by electronic funds transfer.
(C) Public utilities required by this section or section 5727.25 of the Revised Code to remit periodic payments by electronic funds transfer shall remit such payments to the treasurer of state in the manner prescribed by rules adopted by the treasurer of state under section 113.061 of the Revised Code. The payment of public utility excise taxes by electronic funds transfer does not affect a public utility's obligation to file the annual statement and periodic reports in the manner and at the times prescribed by section 5727.31 of the Revised Code.
A public utility required by this section or section 5727.25 of the Revised Code to remit taxes by electronic funds transfer may apply to the tax commissioner in the manner prescribed by the commissioner to be excused from that requirement. The commissioner may excuse the public utility from remittance by electronic funds transfer for good cause shown for the period of time requested by the public utility or for a portion of that period. The commissioner shall notify the public utility of the commissioner's decision as soon as is practicable.
(D) If a public utility required by this section or section 5727.25 of the Revised Code to remit taxes by electronic funds transfer remits those taxes by some means other than by electronic funds transfer as prescribed by this section and the rules adopted by the treasurer of state, and the tax commissioner determines that the failure to remit taxes as required was not due to reasonable cause or was due to willful neglect, the commissioner may impose an additional charge on the public utility equal to five per cent of the amount of the taxes required to be paid by electronic funds transfer, but not to exceed five thousand dollars. Any additional charge imposed under this section is in addition to any other penalty or charge imposed under this chapter, and shall be considered as revenue arising from excise taxes imposed by this chapter.
No additional charge shall be assessed under this division against a public utility that has been notified of its obligation to remit taxes under this section and that remits its first two tax payments after such notification by some means other than electronic funds transfer. The additional charge may be assessed upon the remittance of any subsequent tax payment that the public utility remits by some means other than electronic funds transfer.
Structure Ohio Revised Code
Chapter 5727 | Public Utilities
Section 5727.01 | Public Utilities Definitions.
Section 5727.02 | Persons Excepted.
Section 5727.03 | Combined Company to File Separate Report for Each Listed Activity of Company.
Section 5727.031 | Report by Entity Incidentally Supplying Electricity.
Section 5727.04 | Public Utility or Interexchange Telecommunications Company Not Exempt.
Section 5727.05 | Exemption of Nonprofit and Municipal Corporations.
Section 5727.08 | Annual Report.
Section 5727.10 | Assessment - Hearing - Correction.
Section 5727.11 | Method of Valuation.
Section 5727.111 | Assessing at Percentages of True Value.
Section 5727.12 | Valuation and Assessment of Railroad Properties.
Section 5727.14 | Apportionment of Value of Property of Interstate Railroad.
Section 5727.15 | Apportionment of Value of Taxable Property of Public Utilities.
Section 5727.23 | Preliminary or Amended Assessment - Petition for Reassessment.
Section 5727.24 | Tax on Gross Receipts of Natural Gas Company or Combined Electric and Gas Company.
Section 5727.241 | Credit Against Tax on Natural Gas or Combined Company.
Section 5727.27 | Company to Keep Records - Inspection of Records.
Section 5727.29 | Refundable Credit Calculation.
Section 5727.30 | Public Utilities Subject to Annual Excise Tax.
Section 5727.31 | Annual Statement of Public Utility - Reports.
Section 5727.311 | Tax Payments by Electronic Funds Transfer.
Section 5727.32 | Contents of Statement and Reports.
Section 5727.33 | Ascertaining and Determining Gross Receipts of Certain Companies.
Section 5727.331 | Tax Reduction to Be Reflected in Rates.
Section 5727.38 | Excise Tax on Gross Receipts of Certain Public Utilities.
Section 5727.42 | Collection of Excise Taxes; Refunds; Failure to Pay Taxes.
Section 5727.45 | Crediting of Taxes and Penalties to Funds.
Section 5727.47 | Notice of Assessment - Petition for Reassessment.
Section 5727.471 | Assessment for Underpayment or Overpayment of Taxes by Public Utility.
Section 5727.48 | Extension of Time.
Section 5727.49 | Monthly Report of Secretary of State - Information Provided by County Auditors.
Section 5727.50 | Valuation if No Report or Erroneous Information Reported.
Section 5727.51 | Taxes on Dissolution or Retirement Required to Be Paid.
Section 5727.53 | Action to Recover Taxes.
Section 5727.55 | Prohibition Against Doing Business After Cancellation of Articles or Certificate.
Section 5727.56 | Reinstatement of Public Utility - Conditions - Designation of Agent.
Section 5727.57 | Petition for Judgment for Taxes - Injunction - Procedure - Evidence.
Section 5727.58 | Quo Warranto Proceedings.
Section 5727.60 | Penalty for Failure to Make Report.
Section 5727.61 | Affidavit Denying Unlawful Political Contributions.
Section 5727.62 | Payment of Witness Fees.
Section 5727.71 | Duty of Officials of Railroads to Testify.
Section 5727.72 | Duty to Testify or Bring Books or Papers.
Section 5727.74 | Effect When Tax Charged Invalid.
Section 5727.80 | Kilowatt-Hour Tax Definitions.
Section 5727.81 | Excise Tax Levied on Electric Distribution Company.
Section 5727.811 | Excise Tax Levied on Natural Gas Distribution Company.
Section 5727.82 | Monthly Return and Payment of Tax.
Section 5727.83 | Payment by Electronic Funds Transfer.
Section 5727.84 | Crediting Money in Kilowatt-Hour Tax Receipts Fund.
Section 5727.85 | Payments From School District Property Tax Replacement Fund.
Section 5727.86 | Payments From Local Government Property Tax Replacement Fund.
Section 5727.88 | Administration of Provisions.
Section 5727.89 | Failure to File Return or Pay Tax, Interest, or Additional Charge.
Section 5727.90 | Statute of Limitations.
Section 5727.92 | Keeping and Preserving Records.
Section 5727.93 | Registration.
Section 5727.94 | Tax Statement Provided to Customers.