Ohio Revised Code
Chapter 5739 | Sales Tax
Section 5739.028 | Reducing Tax for Transit Purposes - Increasing Tax for Constructing or Renovating Sports Facility.

Effective: March 27, 2020
Latest Legislation: House Bill 197 - 133rd General Assembly
As used in this section "sports facility" and "constructing" have the same meanings as in division (A)(8) of section 5739.026 of the Revised Code.
This section applies only to taxes levied pursuant to sections 5739.023 and 5741.022 of the Revised Code by a regional transit authority created under section 306.31 of the Revised Code for a continuing period of time and at an aggregate rate, on July 19, 1995, greater than one-half of one per cent on every retail sale made in the territory of the transit authority.
The board of county commissioners of the most populous county in the territory of a regional transit authority levying a tax to which this section applies may adopt a resolution not later than one hundred eighty days after July 19, 1995, proposing to reduce the rate of such a tax and to increase by the same extent the rate of tax levied under sections 5739.026 and 5741.023 of the Revised Code for the purpose of constructing or renovating a sports facility. The total reduction in the rate of taxes levied by a transit authority and the increase in the rate of tax levied for the purpose of constructing or renovating a sports facility shall not exceed one-tenth of one per cent upon retail sales made in the territory of the transit authority; provided, the amount of taxes received by the county for the purpose of constructing or renovating a sports facility under this section shall not exceed four million five hundred thousand dollars in any calendar year. Any amounts received by a county in a calendar year in excess of four million five hundred thousand dollars pursuant to this section shall be paid to the transit authority by the county within forty-five days following receipt by the county.
The resolution shall specify that the rate of tax levied by the transit authority will be reduced and that a tax will be levied at the same rate for the purpose of constructing or renovating a sports facility; the rate by which the tax levied by the transit authority will be reduced and by which the tax levied for the purpose of constructing or renovating a sports facility will be increased; the date the rates levied for those purposes will be reduced and increased, respectively; and the number of years the rate levied by a transit authority will be reduced and the rate levied for constructing or renovating a sports facility will be increased. The date the rate levied by the transit authority will be reduced and the rate levied for the purpose of constructing or renovating a sports facility will be increased shall not be earlier than the first day of the month that begins at least sixty days after the day the election on the question is conducted unless the board of county commissioners levies a tax under one or more of sections 307.697, 4301.421, 5743.024, and 5743.323 of the Revised Code on July 19, 1995, in which case the date the rate levied by the transit authority will be reduced and the rate levied for the purpose of constructing or renovating a sports facility will be increased shall not be earlier than the first day following the latest day on which any of the taxes levied under one of those sections on July 19, 1995, may be levied as prescribed by the resolution levying that tax. The number of years the rate of the existing tax may be reduced and the rate of tax may be levied for constructing or renovating a sports facility may be any number of years as specified in the resolution, or for a continuing period of time if so specified in the resolution.
Before a resolution adopted under this section may take effect, the board of county commissioners shall submit the resolution to the approval of the electors of the county, and the resolution shall be approved by a majority of voters voting on the question. Upon adoption of the resolution, the board of county commissioners shall certify a copy of the resolution to the board of elections of the county and to the tax commissioner, and the board of elections shall submit the question at a special election held on the date specified by the board of county commissioners in the resolution, provided that the election occurs not less than seventy-five days after the resolution is certified to the board of elections and the election is not held in August of any year. The board of county commissioners shall certify the copy of the resolution to the board of elections in the manner prescribed under section 3505.071 of the Revised Code. The board of elections shall certify the results of the election to the board of county commissioners and to the tax commissioner. If the question is approved by a majority of electors voting on the question, the rate of tax imposed under sections 5739.023 and 5741.022 of the Revised Code shall be reduced, and the rate of tax levied for constructing or renovating a sports facility under sections 5739.026 and 5741.023 of the Revised Code shall be increased by the same amount, on the date specified in the resolution.
If revenue from a tax levied under sections 5739.023 and 5741.022 of the Revised Code and subject to reduction under this section is pledged to the payment of bonds, notes, or notes in anticipation of bonds, the board of county commissioners adopting a resolution under this section shall provide sufficient revenue from the tax for the repayment of debt charges on those bonds or notes, unless an adequate substitute for payment of those charges is provided by the transit authority.

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.