Ohio Revised Code
Chapter 5733 | Corporation Franchise Tax
Section 5733.98 | Order of Claiming Credits.

Effective: August 31, 2022
Latest Legislation: House Bill 30 - 134th General Assembly
(A) To provide a uniform procedure for calculating the amount of tax imposed by section 5733.06 of the Revised Code that is due under this chapter, a taxpayer shall claim any credits to which it is entitled in the following order, except as otherwise provided in section 5733.058 of the Revised Code:
For tax year 2005, the credit for taxes paid by a qualifying pass-through entity allowed under section 5733.0611 of the Revised Code;
The credit allowed for financial institutions under section 5733.45 of the Revised Code;
The credit for qualifying affiliated groups under section 5733.068 of the Revised Code;
The subsidiary corporation credit under section 5733.067 of the Revised Code;
The credit for recycling and litter prevention donations under section 5733.064 of the Revised Code;
The credit for employers that enter into agreements with child day-care centers under section 5733.36 of the Revised Code;
The credit for employers that reimburse employee child care expenses under section 5733.38 of the Revised Code;
The nonrefundable job retention credit under division (B) of section 5733.0610 of the Revised Code;
The second credit for purchases of new manufacturing machinery and equipment under section 5733.33 of the Revised Code;
The job training credit under section 5733.42 of the Revised Code;
The credit for qualified research expenses under section 5733.351 of the Revised Code;
The enterprise zone credit under section 5709.66 of the Revised Code;
The credit for the eligible costs associated with a voluntary action under section 5733.34 of the Revised Code;
The credit for employers that establish on-site child day-care centers under section 5733.37 of the Revised Code;
The credit for purchases of qualifying grape production property under section 5733.32 of the Revised Code;
The export sales credit under section 5733.069 of the Revised Code;
The enterprise zone credits under section 5709.65 of the Revised Code;
The credit for using Ohio coal under section 5733.39 of the Revised Code;
The credit for purchases of qualified low-income community investments under section 5733.58 of the Revised Code;
The credit for small telephone companies under section 5733.57 of the Revised Code;
The credit for eligible nonrecurring 9-1-1 charges under section 5733.55 of the Revised Code;
For tax year 2005, the credit for providing programs to aid the communicatively impaired under division (A) of section 5733.56 of the Revised Code;
The research and development credit under section 5733.352 of the Revised Code;
For tax years 2006 and subsequent tax years, the credit for taxes paid by a qualifying pass-through entity allowed under section 5733.0611 of the Revised Code;
The refundable credit for rehabilitating a historic building under section 5733.47 of the Revised Code;
The refundable jobs creation credit or job retention credit under division (A) of section 5733.0610 of the Revised Code;
The refundable credit for tax withheld under division (B)(2) of section 5747.062 of the Revised Code;
The refundable credit under section 5733.49 of the Revised Code for losses on loans made to the Ohio venture capital program under sections 150.01 to 150.10 of the Revised Code;
For tax years 2006, 2007, and 2008, the refundable credit allowable under division (B) of section 5733.56 of the Revised Code;
The refundable motion picture and broadway theatrical production credit under section 5733.59 of the Revised Code.
(B) For any credit except the refundable credits enumerated in this section, the amount of the credit for a tax year shall not exceed the tax due after allowing for any other credit that precedes it in the order required under this section. Any excess amount of a particular credit may be carried forward if authorized under the section creating that credit.
Last updated June 28, 2022 at 3:00 PM

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.