Effective: February 1, 1993
Latest Legislation: House Bill 904 - 119th General Assembly
In addition to all other remedies for the collection of any taxes or fees legally due, the attorney general may issue a warrant directed to the sheriff of any county commanding the sheriff to levy upon and sell the nonexempt goods and chattels of a delinquent distributor found within his jurisdiction, for the payment of the amount of the delinquent taxes or fees, together with the added penalties, interest, and the cost of executing the warrant. The sheriff shall return the warrant to the attorney general and pay him the money collected by virtue of the sale within the time specified in the warrant, which shall not be less than twenty or more than sixty days from the date of the warrant. The sheriff to whom the warrant is directed shall proceed upon the warrant in the manner prescribed by law in respect to executions issued against goods and chattels upon judgments by a court of record, and is entitled to the same fees for his services. The claim arising by reason of delinquent tobacco product taxes are a preferred claim against all of the assets of the distributor, real and personal.
Structure Ohio Revised Code
Section 5743.01 | Cigarette Tax Definitions.
Section 5743.02 | Excise Tax on Sale of Cigarettes.
Section 5743.021 | Regional Arts and Cultural District Cigarette Sales Tax.
Section 5743.024 | County Cigarette Sales Tax - Local Excise Tax Administrative Fund.
Section 5743.025 | Return for County Tax.
Section 5743.026 | Election on Convention Facility Authority Tax.
Section 5743.03 | Purchase and Use of Tax Stamps.
Section 5743.031 | Affixing of Tax Stamps - Purchase and Sale - Shipping Regulations.
Section 5743.04 | Powers and Duties of Tax Commissioner.
Section 5743.05 | Sale of Stamps; Delivery; Redemption of Stamps.
Section 5743.051 | Remitting Payment for Tax Stamps by Electronic Funds Transfer.
Section 5743.071 | Wholesale and Retail Dealers to Maintain Records.
Section 5743.072 | Monthly Report by Persons Shipping Cigarettes.
Section 5743.08 | Seizure and Sale of Cigarettes on Which No Tax Has Been Paid.
Section 5743.081 | Assessments for Failure to File Return.
Section 5743.082 | Jeopardy Assessments.
Section 5743.09 | Issuance of Warrant for Collection of Taxes - Preferred Claim.
Section 5743.10 | Cigarettes in Possession Must Be Stamped.
Section 5743.11 | Duty to Affix Stamp.
Section 5743.111 | Possessing Cigarettes Not Bearing Stamps.
Section 5743.112 | Trafficking in Cigarettes With Intent to Avoid Payment of Tax.
Section 5743.12 | Prohibition Against Making False Entries.
Section 5743.13 | Prohibition Against Forging, Altering or Counterfeiting Stamps.
Section 5743.14 | Prohibition Against Hindering Inspection.
Section 5743.15 | Cigarette License Required - Application - Cigarette Tax Enforcement Fund.
Section 5743.16 | Lists of Licensees - Supplemental Lists - Index.
Section 5743.17 | Revocation of License by Court.
Section 5743.18 | Revocation of License by Tax Commissioner.
Section 5743.19 | Trafficking in Cigarettes Without License.
Section 5743.20 | Separate Place of Business - Sale and Purchase Restricted to Licensed Dealers.
Section 5743.21 | Stamp Not to Affixed to Certain Packages - Seizure and Destruction of Packages.
Section 5743.31 | Cigarette Use and Storage Tax Definitions.
Section 5743.32 | Excise Tax on Use, Storage or Consumption of Cigarettes - Use of Revenue.
Section 5743.321 | Regional Arts and Cultural District Cigarette Use Tax.
Section 5743.323 | County Tax on Use, Consumption, or Storage for Consumption of Cigarettes.
Section 5743.324 | Resolution for Convention Facility Authority Tax.
Section 5743.33 | Returns - Remittance - Consent to Transport.
Section 5743.34 | Assessment on Failure to Pay Use Tax.
Section 5743.35 | Failure to Make Return or Pay Applicable Taxes.
Section 5743.41 | Failure to Post License or Comply With Law.
Section 5743.42 | Tobacco Containing Substances Deleterious to Health.
Section 5743.45 | Tax Commissioner May Delegate Investigation Powers.
Section 5743.46 | Department of Taxation to Cooperate With Law Enforcement Agencies.
Section 5743.52 | Filing Monthly Return With Payment.
Section 5743.53 | Refunds - Credits.
Section 5743.54 | Maintaining Records.
Section 5743.55 | Tax Evasion.
Section 5743.56 | Liability for Tax.
Section 5743.57 | Corporation's Liability for Tax.
Section 5743.58 | Levy Against and Sale of Property of Delinquent.
Section 5743.59 | Retail Dealer - Prohibited Acts.
Section 5743.60 | Distribution of Tobacco or Vapor Products With Intent to Avoid Payment of Tax.
Section 5743.62 | Excise Tax on Seller of Tobacco or Vapor Products to Consumer.
Section 5743.63 | Excise Tax on Storage, Use or Other Consumption of Tobacco or Vapor Products.
Section 5743.64 | Consent to Transport Tobacco or Vapor Products Within State Required.
Section 5743.65 | Failure of Seller or Consumer to File Return or Pay Tax.
Section 5743.71 | Consent for Consumer Shipment of Cigarettes Not Reasonably Available.