Ohio Revised Code
Chapter 5729 | Foreign Insurance Companies
Section 5729.102 | Application for Refund - Assessment of Deficiency.

Effective: March 30, 2006
Latest Legislation: House Bill 530 - 126th General Assembly
(A) An application to refund to a foreign insurance company any taxes imposed by section 3737.71 of the Revised Code or this chapter that are overpaid, paid illegally or erroneously, or paid on any illegal, erroneous, or excessive assessment, with interest thereon as provided by section 5729.101 of the Revised Code, shall be filed with the superintendent of insurance, on the form prescribed by the superintendent, within three years after the date of the illegal, erroneous, or excessive payment of the tax. No refund shall be allowed unless an application has been filed in accordance with this section. The time limit imposed under this division may be extended if both the foreign insurance company and the superintendent of insurance agree in writing to the extension.
(B) Except as otherwise provided in this division, the superintendent may make an assessment against a foreign insurance company for any deficiency for the period for which a report, tax return, or tax payment is due for any taxes imposed by section 3737.71 of the Revised Code or this chapter, based on any information in the superintendent's possession. No assessment shall be made against a foreign insurance company more than three years after the later of the final date the report, tax return, or tax payment subject to the assessment was required to be filed or paid, or the date the report or tax return was filed, provided that there shall be no bar if the foreign insurance company failed to file the required report or tax return or if the deficiency results from fraud or any felonious act. The time limit may be extended if both the foreign insurance company and the superintendent agree in writing to the extension. For the purposes of this division, an assessment is made on the date the notification of the assessment is sent by the department of insurance or the date of an invoice for the assessment from the treasurer of state, whichever is earlier.

Structure Ohio Revised Code

Ohio Revised Code

Title 57 | Taxation

Chapter 5729 | Foreign Insurance Companies

Section 5729.01 | Return Premiums.

Section 5729.02 | Annual Statements of Foreign Insurance Companies.

Section 5729.03 | Computation and Collection of Tax.

Section 5729.031 | Credit Against Imposed Tax.

Section 5729.032 | Refundable Credit Against Tax on Foreign Insurance Company.

Section 5729.04 | Gross Premiums of Mutual and Stock Insurance Companies.

Section 5729.05 | Payment of Tax - Due Date - Refund.

Section 5729.06 | Retaliatory Tax Rate.

Section 5729.07 | Eligible Employee Training Costs Tax Credit.

Section 5729.08 | Issuance of Tax Credits by Ohio Venture Capital Authority.

Section 5729.09 | Annual Report Required of Chief Officer.

Section 5729.10 | Revocation of License for Failure to Pay Tax or Make Report - Action to Recover Taxes - Report on Ceasing to Do Business.

Section 5729.101 | Late Returns - Computation and Accrual of Interest.

Section 5729.102 | Application for Refund - Assessment of Deficiency.

Section 5729.11 | Penalty for Nonpayment of Taxes.

Section 5729.12 | Inspection of Books by Superintendent of Insurance.

Section 5729.13 | Revocation of Right to Do Business.

Section 5729.14 | Right to Deny Admission to Companies Which Violate Laws.

Section 5729.15 | Expenses of Inspection to Be Paid by Company.

Section 5729.16 | Nonrefundable Credit for Foreign Insurance Company Holding a Qualified Equity Investment.

Section 5729.17 | Tax Credit for Insurer That Owns a Rehabilitation Tax Credit Certificate.

Section 5729.18 | Transformational Mixed Use Development Tax Credit.

Section 5729.98 | Order of Claims for Tax Credits and Offsets.