Ohio Revised Code
Chapter 5739 | Sales Tax
Section 5739.027 | Tax on Watercraft or Outboard Motor Purchased by Nonresident.

Effective: July 8, 1992
Latest Legislation: House Bill 485 - 119th General Assembly
(A) Notwithstanding sections 5739.02, 5739.021, 5739.023, 5739.026, 5741.02, 5741.021, 5741.022, and 5741.023 of the Revised Code, the tax due on the sale to a consumer who is a nonresident of this state of a watercraft or outboard motor required to be titled pursuant to Chapter 1548. of the Revised Code, or on the sale of a watercraft documented or to be documented with the United States coast guard, shall be the lesser of the combined tax rate in effect at the location of the vendor or the sales, use, or similar excise tax that the consumer would owe in the state of the consumer's intended titling, registration, or use of the watercraft or outboard motor, if all of the following apply:
(1) The consumer immediately will remove the watercraft or outboard motor from this state for use outside this state;
(2) The consumer will title or register the watercraft or outboard motor in another state, if such titling or registration is required;
(3) The consumer will pay all applicable sales, use, or similar excise taxes due in the state of titling, registration, or use;
(4) The state of titling, registration, or use grants a credit against its sales, use, or similar excise tax for tax paid to this state;
(5) The consumer executes the affidavit specified in division (C) of this section.
The vendor shall collect the tax and remit it to the state in the manner specified by the tax commissioner.
(B) If all of the conditions specified in division (A) of this section exist, except that the state of titling, registration, or use does not grant a credit for sales or use tax paid to this state, or that the consumer's ownership or use of the watercraft or outboard motor is exempt or otherwise not taxable in such other state, the consumer may take title to and possession of the watercraft or outboard motor without payment of any sales or use tax to this state.
(C) Every nonresident consumer who purchases a watercraft or outboard motor, as described in division (A) of this section, for immediate removal from this state shall execute an affidavit in triplicate, in such form as the tax commissioner specifies, affirming such facts and specifying the consumer's tax liability in the intended state of titling, registration, or use. The affidavit shall be given to the vendor. The vendor shall retain a copy of the affidavit and file another copy with the clerk of the court of common pleas if the vendor is procuring an Ohio title on behalf of the consumer. The original copy of the affidavit shall be filed with the tax commissioner in the manner prescribed by the tax commissioner.
(D) If the vendor procures a title on behalf of the nonresident consumer from the clerk of the court of common pleas of the county where the vendor is located on the sale of a watercraft or outboard motor, the vendor shall file the affidavit specified in division (C) of this section with the clerk. The clerk shall issue the title without requiring payment of a sales or use tax.
(E) If the watercraft or outboard motor is purchased by a corporation described in division (B)(6) of section 5739.01 of the Revised Code, for purposes of this section the state of residence of the consumer shall be the state of residence of the principal shareholder.
(F) For purposes of this section, the consideration received for watercraft trailers not required to be titled pursuant to Chapter 4505. of the Revised Code and other accessories, which are transferred to a nonresident consumer with the watercraft or outboard motor, is part of the price of the watercraft or outboard motor, provided that such consideration is included in the price of the watercraft or outboard motor as reported by the vendor. Tangible personal property sold separately to the nonresident consumer shall be taxed as otherwise provided in this chapter and Chapter 5741. of the Revised Code.
(G) A vendor who in good faith accepts an affidavit provided by a nonresident consumer pursuant to division (C) of this section may rely upon the representations made in the affidavit.
(H) All provisions of this chapter and of Chapter 5741. of the Revised Code that are not inconsistent with this section apply to transactions described in this section.
(I) Any vendor who makes sales described in this section shall file with the tax commissioner any supplemental report or return the tax commissioner considers necessary for the efficient administration and enforcement of this section.

Structure Ohio Revised Code

Ohio Revised Code

Title 57 | Taxation

Chapter 5739 | Sales Tax

Section 5739.01 | Sales Tax Definitions.

Section 5739.011 | Exemptions for Manufacturing.

Section 5739.012 | Taxation of Bundled Transactions.

Section 5739.02 | Levy of Sales Tax - Purpose - Rate - Exemptions.

Section 5739.021 | Additional Sales Tax Levied by County.

Section 5739.022 | Repealing Emergency Permissive Tax.

Section 5739.023 | Transit Authority Tax Levy.

Section 5739.025 | Computation; Audits; Sale of a Fractional Ownership Program Aircraft.

Section 5739.026 | County Sales Tax for Specific Purposes.

Section 5739.027 | Tax on Watercraft or Outboard Motor Purchased by Nonresident.

Section 5739.028 | Reducing Tax for Transit Purposes - Increasing Tax for Constructing or Renovating Sports Facility.

Section 5739.029 | Nonresident Consumer Motor Vehicle Sales Tax.

Section 5739.0210 | Retail Sales Tax on Manufactured or Mobile Home.

Section 5739.03 | Consumer to Pay Tax - Report of Tax - Exemption Certificates.

Section 5739.031 | Direct Payment Permits.

Section 5739.032 | Permit Holder Tax Payments by Electronic Funds Transfer.

Section 5739.033 | Location of Sale.

Section 5739.034 | Telecommunications Services Definitions.

Section 5739.04 | Notification of Change in County or Transit Authority Boundaries.

Section 5739.05 | Powers and Duties of Tax Commissioner - Payment by Vendor on Predetermined Basis.

Section 5739.051 | Medicaid Health Insuring Corporation; Direct Payments; Returns.

Section 5739.06 | Monetary Allowance Granted Under Streamlined Sales and Use Tax Agreement.

Section 5739.061 | Vendor Compensation for Complying With Origin Based Sourcing Requirements.

Section 5739.07 | Vendor or Consumer Refunds.

Section 5739.071 | Partial Refund for Providers of Electronic Information Services.

Section 5739.072 | Refund May Be Applied in Satisfaction of Debt Due State.

Section 5739.08 | Municipal or Township Excise Lodging Taxes.

Section 5739.081 | Tax Return Information Provided to Convention and Visitors' Bureau.

Section 5739.09 | Administration and Allocation of Lodging Tax.

Section 5739.091 | Expansion of Definition of Hotel.

Section 5739.092 | Use of Funds Distributed to Convention and Visitors' Bureau.

Section 5739.10 | Excise Tax on Vendor's Receipts.

Section 5739.101 | Declaration of Resort Area.

Section 5739.102 | Remitting Tax - Resort Area Excise Tax Fund.

Section 5739.103 | Registration With Tax Commissioner.

Section 5739.104 | Refunds.

Section 5739.11 | Records Open to Inspection - Exemption Certificate.

Section 5739.12 | Monthly Return by Vendor - Reconciliation Return.

Section 5739.121 | Bad Debt Deduction.

Section 5739.122 | Vendor Tax Payments by Electronic Funds Transfer.

Section 5739.124 | Returns of Taxpayers Using Electronic Funds Transfer.

Section 5739.13 | Liability of Vendor and Consumer - Assessment - Petition for Reassessment - Penalties - Appeal - Judgment - Execution.

Section 5739.131 | Service of Process or Notice to Nonresident.

Section 5739.132 | Interest on Unpaid Tax, Fee, or Charge; Interest on Refund.

Section 5739.133 | Penalties for Failure to Remit - Preassessment Interest.

Section 5739.14 | Sale of Entire Business - Successor Liable for Taxes and Penalties Due.

Section 5739.15 | Jeopardy Assessment.

Section 5739.16 | Four-Year Limitation for Assessments - Exceptions.

Section 5739.17 | Vendor's License.

Section 5739.18 | System for Issuing Vendor's Licenses.

Section 5739.19 | Revocation of License.

Section 5739.21 | Crediting of Funds.

Section 5739.211 | Use and Allocation of County Sales Tax Funds.

Section 5739.213 | Payments From Tourism Development District.

Section 5739.26 | Tax Paid by Consumer - Prohibition Against False Certificates.

Section 5739.29 | Vendor to Collect Tax - Prohibition Against Rebate.

Section 5739.30 | Return or Report Must Be Filed - Prohibitions - Actions by Tax Commissioner.

Section 5739.31 | Vendor or Transient Vendor's License - Prohibitions Upon License Suspension.

Section 5739.32 | Withholding Tax Funds to Insure Compliance by Local Officials.

Section 5739.33 | Personal Liability for Tax.

Section 5739.34 | No Preememption.

Section 5739.35 | Delegation of Investigative Powers.

Section 5739.36 | Report of Tax Revenue by Industry Classification.

Section 5739.99 | Penalty.