2006 Ohio Revised Code - 5727.30. Utilities subject to excise tax; lien.

§ 5727.30. Utilities subject to excise tax; lien.
 

(A)  Except as provided in divisions (B), (C), and (D) of this section, each public utility, except railroad companies, shall be subject to an annual excise tax, as provided by sections 5727.31 to 5727.62 of the Revised Code, for the privilege of owning property in this state or doing business in this state during the twelve-month period next succeeding the period upon which the tax is based. The tax shall be imposed against each such public utility that, on the first day of such twelve-month period, owns property in this state or is doing business in this state, and the lien for the tax, including any penalties and interest accruing thereon, shall attach on such day to the property of the public utility in this state. 

(B)  An electric company's or a rural electric company's gross receipts received after April 30, 2001, are not subject to the annual excise tax imposed by this section. 

(C)  A natural gas company's gross receipts received after April 30, 2000, are not subject to the annual excise tax imposed by this section. 

(D)  A telephone company's gross receipts derived from amounts billed to customers after June 30, 2004, are not subject to the annual excise tax imposed by this section. Notwithstanding any other provision of law, gross receipts derived from amounts billed by a telephone company to customers prior to July 1, 2004, shall be included in the telephone company's annual statement filed on or before August 1, 2004, which shall be the last statement or report filed under section 5727.31 of the Revised Code by a telephone company. A telephone company shall not deduct from its gross receipts included in that last statement any receipts it was unable to collect from its customers for the period of July 1, 2003, to June 30, 2004. 
 

HISTORY: 140 v H 794 (Eff 7-6-84); 143 v S 156 (Eff 12-31-89); 144 v H 904 (Eff 12-22-92); 148 v H 283 (Eff 9-29-99); 148 v S 3 (Eff 10-5-99); 148 v H 640. Eff 6-15-2000; 150 v H 95, § 1, eff. 6-26-03.
 

The effective date is set by section 183 of H.B. 95 (150 v  - ). 

The provisions of §§ 11, 12 of SB 3 (148 v  - ), as amended by § 58 of HB 640 (148 v  - ), read as follows: 

Sec. 11. (A) As used in this section: 

(1) "Electric company," "combined company," and "rural electric company" have the same meanings as in section 5727.01 of the Revised Code. 

(2) "Gross receipts" means gross receipts determined in accordance with section 5727.33 of the Revised Code for the period of May 1, 2000, to April 30, 2001, and any receipts received by an electric company, combined company, or rural electric company after April 30, 2001, from the distribution of electricity prior to May 1, 2001, that was not subject to the excise tax imposed by section 5727.81 of the Revised Code. "Gross receipts" excludes gross receipts subject to the tax imposed by section 5727.24 of the Revised Code. 

(B) Each electric company, combined company, and rural electric company shall pay the public utility excise tax imposed by section 5727.30 of the Revised Code on the company's gross receipts. Receipts received after August 1, 2001, are not subject to the tax on gross receipts under this section if an electric company, combined company, or rural electric company takes reasonable collection measures to collect the gross receipts. Notwithstanding section 5727.31 of the Revised Code, each electric company, combined company, and rural electric company shall make tax payments toward that liability. The first payment must be made on or before October 15, 2000, and shall equal one-third of the estimated liability shown in the report filed on or before August 1, 2000. The second payment must be made on or before March 1, 2001, and shall equal one-third of the tax assessed by the Tax Commissioner on or before the first Monday in November, 2000. The last payment must be made on or before June 1, 2001, and shall equal one-fourth of the tax assessed by the commissioner. The final report for the period of May 1, 2000, through April 30, 2001, shall be filed by an electric company, a combined company, or a rural electric company on or before August 1, 2001, in accordance with division (A) of section 5727.31 and section 5727.32 of the Revised Code. 

On or before the first Monday of November 2001, the Tax Commissioner shall assess an excise tax equal to four and three-quarters per cent of the gross receipts received by electric companies, combined companies, and rural electric companies. Except as provided in section 5727.03 of the Revised Code, as amended by Am. Sub. S.B. 3 of the 123rd General Assembly, after payment of this assessment, electric companies, rural electric companies, and combined companies, to the extent of their activities as an electric company, are not subject to the excise tax imposed by section 5727.30 of the Revised Code. 

Sec. 12. Electric companies and combined companies, as defined in section 5727.01 of the Revised Code, shall first be subject to the corporation franchise tax under Chapter 5733. of the Revised Code for tax year 2002, as "tax year" is defined in section 5733.04 of the Revised Code. For tax year 2002, an electric company or a combined company shall pay two-thirds of its total corporation franchise tax liability under Chapter 5733. of the Revised Code. The amendments in Am. Sub. S.B. 3 of the 123rd General Assembly to sections 4909.15, 5733.04, 5733.05, 5733.051, 5733.06, 5733.09, 5733.98, and 5747.98 of the Revised Code, and the enactment in Am. Sub. S.B. 3 of the 123rd General Assembly of sections 5733.059, 5733.0510, and 5733.39 of the Revised Code, first apply for tax year 2002." 

See provisions, § 174 of HB 283 (148 v  - ), as amended by § 5 of SB 287 (148 v  - ), following RC § 5703.05.2. 

See provisions, § 174 of HB 283 (148 v  - ), as amended by § 66 of HB 640 (148 v  - ), following RC § 5703.05.2. 

See provisions, § 176 of HB 283 (148 v  - ), following RC § 5727.24.