Effective: March 27, 2020
Latest Legislation: House Bill 197 - 133rd General Assembly
(A) One hundred per cent of all money deposited into the state treasury under sections 5739.01 to 5739.31 of the Revised Code that is not required to be distributed as provided in section 5739.102 of the Revised Code or division (B) of this section shall be credited to the general revenue fund.
(B)(1) In any case where any county or transit authority has levied a tax or taxes pursuant to section 5739.021, 5739.023, or 5739.026 of the Revised Code, the tax commissioner shall, within forty-five days after the end of each month, determine and certify to the director of budget and management the amount of the proceeds of such tax or taxes received during that month from billings and assessments, or associated with tax returns or reports filed during that month, to be returned to the county or transit authority levying the tax or taxes. The amount to be returned to each county and transit authority shall be a fraction of the aggregate amount of money collected with respect to each area in which one or more of such taxes are concurrently in effect with the tax levied by section 5739.02 of the Revised Code. The numerator of the fraction is the rate of the tax levied by the county or transit authority and the denominator of the fraction is the aggregate rate of such taxes applicable to such area. The amount to be returned to each county or transit authority shall be reduced by the amount of any refunds of county or transit authority tax paid pursuant to section 5739.07 of the Revised Code during the same month, or transfers made pursuant to division (B)(2) of section 5703.052 of the Revised Code.
(2) On a periodic basis, using the best information available, the tax commissioner shall distribute any amount of a county or transit authority tax that cannot be distributed under division (B)(1) of this section. Through audit or other means, the commissioner shall attempt to obtain the information necessary to make the distribution as provided under that division and, on receipt of that information, shall make adjustments to distributions previously made under this division.
(3) Eight and thirty-three one-hundredths of one per cent of the revenue collected from the tax due under division (A) of section 5739.029 of the Revised Code shall be distributed to the county where the sale of the motor vehicle is sitused under section 5739.033 of the Revised Code. The amount to be so distributed to the county shall be apportioned on the basis of the rates of taxes the county levies pursuant to sections 5739.021 and 5739.026 of the Revised Code, as applicable, and shall be credited to the funds of the county as provided in divisions (A) and (B) of section 5739.211 of the Revised Code.
(C) The aggregate amount to be returned to any county or transit authority shall be reduced by one per cent, which shall be certified directly to the credit of the local sales tax administrative fund, which is hereby created in the state treasury. For the purpose of determining the amount to be returned to a county and transit authority in which the rate of tax imposed by the transit authority has been reduced under section 5739.028 of the Revised Code, the tax commissioner shall use the respective rates of tax imposed by the county or transit authority that results from the change in the rates authorized under that section.
(D) The director of budget and management shall transfer, from the same funds and in the same proportions specified in division (A) of this section, to the permissive tax distribution fund created by division (B)(1) of section 4301.423 of the Revised Code and to the local sales tax administrative fund, the amounts certified by the tax commissioner. The tax commissioner shall then, on or before the twentieth day of the month in which such certification is made, provide for payment of such respective amounts to the county treasurer and to the fiscal officer of the transit authority levying the tax or taxes. The amount transferred to the local sales tax administrative fund is for use by the tax commissioner in defraying costs incurred in administering such taxes levied by a county or transit authority.
Structure Ohio Revised Code
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 5739.029 | 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 5739.11 | 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 5739.131 | 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.