2006 Ohio Revised Code - 718.11. Board of appeal.

§ 718.11. Board of appeal.
 

The legislative authority of each municipal corporation that imposes a tax on income shall maintain a board to hear appeals as provided in this section. The legislative authority of any municipal corporation that does not impose a tax on income on the effective date of this amendment, but that imposes such a tax after that date, shall establish such a board by ordinance not later than one hundred eighty days after the tax takes effect. 
 

Whenever a tax administrator issues a decision regarding a municipal income tax obligation that is subject to appeal as provided in this section or in an ordinance or regulation of the municipal corporation, the tax administrator shall notify the taxpayer in writing at the same time of the taxpayer's right to appeal the decision and of the manner in which the taxpayer may appeal the decision. 
 

Any person who is aggrieved by a decision by the tax administrator and who has filed with the municipal corporation the required returns or other documents pertaining to the municipal income tax obligation at issue in the decision may appeal the decision to the board created pursuant to this section by filing a request with the board. The request shall be in writing, shall state why the decision should be deemed incorrect or unlawful, and shall be filed within thirty days after the tax administrator issues the decision complained of. 
 

The board shall schedule a hearing within forty-five days after receiving the request, unless the taxpayer waives a hearing. If the taxpayer does not waive the hearing, the taxpayer may appear before the board and may be represented by an attorney at law, certified public accountant, or other representative. 
 

The board may affirm, reverse, or modify the tax administrator's decision or any part of that decision. The board shall issue a final decision on the appeal within ninety days after the board's final hearing on the appeal, and send a copy of its final decision by ordinary mail to all of the parties to the appeal within fifteen days after issuing the decision. The taxpayer or the tax administrator may appeal the board's decision as provided in section 5717.011 [5717.01.1] of the Revised Code. 
 

Each board of appeal created pursuant to this section shall adopt rules governing its procedures and shall keep a record of its transactions. Such records are not public records available for inspection under section 149.43 of the Revised Code. Hearings requested by a taxpayer before a board of appeal created pursuant to this section are not meetings of a public body subject to section 121.22 of the Revised Code. 
 

HISTORY: 148 v H 477. Eff 7-26-2000; 150 v H 95, § 1, eff. 6-26-03.
 

The provisions of § 156, H.B. 95 (150 v  - ), read as follows: 

SECTION 156. (B) The amendment by this act of sections 718.11, 5717.011, and 5717.03 of the Revised Code apply to matters relating to taxable years beginning on or after January 1, 2004. 

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

The provisions of § 3 of HB 477 (148 v  - ) read as follows: 

SECTION 3. The schedule of deadlines prescribed by section 718.11 of the Revised Code, as enacted by this act, does not apply to any appeal filed before the effective date of this act with a board of appeal existing on that date. 

 

Effect of Amendments

H.B. 95, Acts 2003, effective June 26, 2003, deleted the former introductory paragraph; in the present introductory paragraph, deleted "Not later than one hundred eighty days after the effective date of this section" from the beginning and "on that effective date" following "tax on income", and substituted "maintain" for "establish by ordinance" and "amendment" for "section"; inserted "in writing" in the present second paragraph; and, in the present fourth paragraph, inserted "final" twice, substituted "a copy" for "notice" and "all of the parties to the appeal" for "the petitioner", and added the last sentence.