Ohio Revised Code
Chapter 5733 | Corporation Franchise Tax
Section 5733.28 | Failing to File Complying Report or Pay Tax.

Effective: September 6, 2002
Latest Legislation: Senate Bill 200 - 124th General Assembly
(A) In addition to any other penalty imposed by this chapter or Chapter 5703. of the Revised Code, the following penalties shall apply:
(1) If a taxpayer required to file any report, including an informational notice or report, under this chapter fails to make and file the report within the time prescribed, including any extensions of time granted by the tax commissioner, a penalty may be imposed not exceeding the greater of fifty dollars per month or fraction of a month, not to exceed five hundred dollars, or five per cent per month or fraction of a month, not to exceed fifty per cent, of the tax required to be shown on the report, for each month or fraction of a month elapsing between the due date, including extensions of the due date, and the date on which filed.
(2) Except as provided in division (C) of section 5733.021 of the Revised Code, if a taxpayer fails to pay the amount of tax required to be paid under this chapter, by the dates prescribed in this chapter for payment, a penalty may be imposed not exceeding fifteen per cent of the delinquent payment.
(3) If a taxpayer files what purports to be a report required by this chapter that does not contain information upon which the substantial correctness of the report may be judged or contains information that on its face indicates that the report is substantially incorrect, and the filing of the report in that manner is due to a position that is frivolous or a desire that is apparent from the report to delay or impede the administration of the tax levied by this chapter, a penalty of up to five hundred dollars may be imposed.
(4) If a taxpayer makes a fraudulent attempt to evade the reporting or payment of the tax required to be shown on any report required under this chapter, a penalty may be imposed not exceeding the greater of one thousand dollars or one hundred per cent of the tax required to be shown on the report.
(5) If any person makes a false or fraudulent claim for a refund under this chapter, a penalty may be imposed not exceeding the greater of one thousand dollars or one hundred per cent of the claim. The penalty imposed under division (A)(5) of this section, any refund issued on the claim, and interest on any refund from the date of the refund, may be assessed under section 5733.11 of the Revised Code as tax, penalty, or interest imposed under this chapter without regard to whether the person making the claim is otherwise subject to the provisions of this chapter, and without regard to any time limitation for the assessment imposed by division (A) of section 5733.11 of the Revised Code.
(B) For purposes of this section, the tax required to be shown on the report shall be reduced by the amount of any part of the tax paid on or before the date, including extensions of the date, prescribed for filing the report.
(C) Each penalty imposed under this section shall be in addition to any other penalty provided in this section. All or part of any penalty imposed under this section shall be abated by the commissioner if the taxpayer shows that the failure to comply with the provisions of this chapter is due to reasonable cause and not willful neglect.

Structure Ohio Revised Code

Ohio Revised Code

Title 57 | Taxation

Chapter 5733 | Corporation Franchise Tax

Section 5733.01 | Tax Charged Against Corporations.

Section 5733.02 | Annual Taxpayer Report and Remittance - Report on Dissolution or Withdrawal.

Section 5733.021 | Declaration of Estimated Tax Report.

Section 5733.022 | Tax Payment by Electronic Funds Transfer.

Section 5733.03 | Annual Report.

Section 5733.031 | Taxable Year; Method of Accounting; Amended Report; Additional Payment or Application for Refund.

Section 5733.04 | Corporation Franchise Tax Definitions.

Section 5733.041 | Net Income Defined for Tax Years 1984 to 1993.

Section 5733.042 | Computing Net Income of Member of Affiliated Group.

Section 5733.05 | Determination of Value of Issued and Outstanding Stock and Intangible Property - Determination of Net Income of Corporation.

Section 5733.051 | Allocating and Apportioning of Net Income of Corporation.

Section 5733.052 | Combining Net Incomes of Corporations.

Section 5733.053 | Transferee Corporation Subject to Transferor's Tax Liability.

Section 5733.054 | Deduction or Addition Where Portion of Certain Gains or Losses Is Allocated or Apportioned to Ohio.

Section 5733.055 | Deducting Expenses and Costs Paid to Related Member.

Section 5733.056 | Determining Value of Issued and Outstanding Shares of Stock.

Section 5733.057 | Ownership Interest in Pass-Through Entity.

Section 5733.058 | Adjusting for Equity Investment in an Exempted Investment.

Section 5733.059 | Allocating Sales of Electric Transmission and Distribution Services.

Section 5733.0510 | Reducing Net Income for Qualifying Assets.

Section 5733.0511 | Net Income for Qualifying Telephone Company Taxpayer.

Section 5733.06 | Computing Tax.

Section 5733.061 | Credit Allowed for Investment in Property Used in Refining or Manufacturing.

Section 5733.064 | Credit for Recycling and Litter Prevention Program Donations.

Section 5733.065 | Additional Tax on Corporations for Privilege of Manufacturing or Selling Litter Stream Products in State.

Section 5733.066 | Surcharge Added to Rates to Fund Recycling and Litter Prevention.

Section 5733.067 | Credit Concerning Subsidiaries; Amended Report; Additional Payment or Application for Refund.

Section 5733.068 | Credit Allowed to Member of Qualifying Affiliated Group.

Section 5733.069 | Credit Allowed for Increase in Export Sales.

Section 5733.0610 | Credit for Ohio Job Creation.

Section 5733.0611 | Credit Relating to Tax on Qualifying Pass-Through Entities.

Section 5733.07 | Powers and Duties of Tax Commissioner.

Section 5733.09 | Exempted Companies.

Section 5733.10 | Exemption of Municipal Corporations.

Section 5733.11 | Failing to File or Remit - Filing Incorrect Report.

Section 5733.12 | Crediting of Payments to Funds - Filing of Refund Application.

Section 5733.121 | Applying Refund in Partial Satisfaction of Debt.

Section 5733.13 | Extension of Time to File Report.

Section 5733.14 | Monthly Report by Secretary of State - Access to Records of County Auditors.

Section 5733.16 | Organization of Domestic and Foreign Corporations.

Section 5733.17 | Duty to Make Reports or Pay Taxes on Dissolution or Retirement.

Section 5733.20 | Cancellation of Articles of Incorporation or Certificate of Authority for Failure to Report or Pay Taxes.

Section 5733.21 | Prohibition Against Doing Business After Cancellation of Articles or Certificate.

Section 5733.22 | Reinstatement of Corporation.

Section 5733.23 | Petition for Judgment for Taxes - Injunction - Procedure - Evidence.

Section 5733.24 | Quo Warranto Proceedings.

Section 5733.26 | Interest on Unpaid Tax or Refund.

Section 5733.261 | Qualifying Refund Overpayment - Liability for Interest or Penalty.

Section 5733.27 | Affidavit Denying Unlawful Political Contributions.

Section 5733.28 | Failing to File Complying Report or Pay Tax.

Section 5733.29 | Underpayment of Estimated Tax.

Section 5733.31 | Credit for Purchasing New Manufacturing Machinery or Equipment - 18 Month Look Back.

Section 5733.311 | Credit for Purchasing New Manufacturing Machinery or Equipment - 7 Month Look Back.

Section 5733.32 | Credit for Grape Producing Business Purchasing Qualifying Property.

Section 5733.33 | Credit for Purchasing New Manufacturing Machinery or Equipment - Installation Before 12-31-2006.

Section 5733.34 | Credit for Economic Redevelopment of Voluntary Environmental Clean-Up Site.

Section 5733.351 | Credit for Qualified Research Expenses.

Section 5733.352 | Nonrefundable Credit Equal to Borrower's Qualified Research and Development Loan Payments.

Section 5733.36 | Credit for Providing Day-Care for Children of Employees.

Section 5733.37 | Credit for Establishing Day-Care Center for Children of Employees.

Section 5733.38 | Credit for Reimbursement of Employee Day-Care Expenses.

Section 5733.39 | Credit for Use of Ohio Coal in Coal-Fired Electric Generating Unit.

Section 5733.40 | Qualified Pass-Through Entity Definitions.

Section 5733.401 | Investment in Pass-Through Entities.

Section 5733.402 | Exemption for Pass-Through Entity Distributing Income and Gain to Investing Entity.

Section 5733.41 | Tax on Qualifying Pass-Through Entity Having at Least One Qualifying Investor That Is Not Individual.

Section 5733.42 | Credit for Eligible Employee Training Costs.

Section 5733.45 | Credit Concerning Qualifying Dealer in Intangibles.

Section 5733.47 | Refundable Franchise Tax Credit for Owner of Rc 149.311 Certificate.

Section 5733.49 | Issuance of Tax Credits by Ohio Venture Capital Authority.

Section 5733.55 | Nonrefundable Credit Equal to Amount of Eligible Nonrecurring 9-1-1 Charges.

Section 5733.56 | Nonrefundable Credit Equal to Cost Incurred by Company for Providing Telephone Service Program.

Section 5733.57 | Nonrefundable Credit Equal to Product Obtained by Multiplying Applicable Percentage by Applicable Amount.

Section 5733.58 | Nonrefundable Credit Financial Institution Holding a Qualified Equity Investment.

Section 5733.59 | Credit Against Tax for Any Corporation That Is the Certificate Owner of a Tax Credit Certificate.

Section 5733.98 | Order of Claiming Credits.

Section 5733.99 | Penalty.