Effective: July 18, 2019
Latest Legislation: House Bill 166 - 133rd General Assembly
Every seller required to register with the tax commissioner pursuant to section 5741.17 of the Revised Code who is engaged in the business of selling or facilitating the sale of tangible personal property in this state for storage, use, or other consumption in this state, to which section 5741.02 of the Revised Code applies, or which is subject to a tax levied pursuant to section 5741.021, 5741.022, or 5741.023 of the Revised Code, shall, and any other seller who is authorized by rule of the tax commissioner to do so may, collect from the consumer the full and exact amount of the tax payable on each such storage, use, or consumption, in the manner and at the times provided as follows:
(A) If the price is, at or prior to the delivery of possession of the thing sold to the consumer, paid in currency passed from hand to hand by the consumer or the consumer's agent, to the seller or the seller's agent, the seller or the seller's agent shall collect the tax with and at the same time as the price.
(B) If the price is otherwise paid or to be paid, the seller or the seller's agent shall, at or prior to the delivery of possession of the thing sold to the consumer, charge the tax imposed by or pursuant to section 5741.02, 5741.021, 5741.022, or 5741.023 of the Revised Code to the account of the consumer, which amount shall be collected by the seller from the consumer in addition to the price. Such transaction shall be reported on the return for the period in which the transaction occurred, and the amount of tax applicable to the transaction shall be remitted with the return or, if the consumer is subject to section 5741.121 of the Revised Code, in the manner prescribed by that section. The amount of the tax shall become a legal charge in favor of the seller and against the consumer.
(C) It shall be the obligation of each consumer, as required by section 5741.12 of the Revised Code, to report and pay the taxes levied by sections 5741.021, 5741.022, and 5741.023 of the Revised Code, if applicable, on any storage, use, or other consumption of tangible personal property purchased in this state from a vendor required to be licensed pursuant to section 5739.17 of the Revised Code.
Structure Ohio Revised Code
Chapter 5741 | Use Tax; Storage Tax
Section 5741.01 | Definitions.
Section 5741.02 | Levy of Tax - Rate - Exemptions.
Section 5741.021 | Additional County Use Tax.
Section 5741.022 | Transit Authority Levy.
Section 5741.023 | County Use Tax for Specific Purposes.
Section 5741.03 | Use of Revenue.
Section 5741.031 | Deposit and Use of Funds.
Section 5741.04 | Collection, Reporting and Remission of Tax by Seller.
Section 5741.05 | Seller to Determine Jurisdiction for Which to Collect Tax.
Section 5741.06 | Powers and Duties of Tax Commissioner - Prepayment of Tax.
Section 5741.07 | Rights of Marketplace Facilitator Treated as Seller.
Section 5741.071 | Waiver for Facilitator Not to Be Treated as a Seller.
Section 5741.08 | Notification of Change in County or Transit Authority Boundaries.
Section 5741.101 | Refund May Be Applied in Satisfaction of Debt Due State.
Section 5741.11 | Liability of Seller for Failure to Collect and Remit Tax.
Section 5741.12 | Return Required by Seller or User - Payment of Tax.
Section 5741.121 | Tax Payments by Electronic Funds Transfer.
Section 5741.122 | Returns of Taxpayers Using Electronic Funds Transfer.
Section 5741.13 | Assessment for Failure to Make Return or Pay Tax.
Section 5741.14 | Procedures Relating to Assessments.
Section 5741.15 | Inspection of Records by Tax Commissioner.
Section 5741.16 | Four-Year Limitation for Assessment Against Seller or Consumer - Exceptions.
Section 5741.17 | Registration of Sellers With Tax Commissioner.
Section 5741.19 | Prohibition Against Refusal to Pay Tax.
Section 5741.21 | Seller to Collect Tax - Prohibition Against Rebates.
Section 5741.22 | Failure to File Return.
Section 5741.23 | Right of County or Transit Authority to Levy Additional Tax Not Preempted.