2006 Ohio Revised Code - [323.15.2] 323.152.Schedule of reduction in taxable value.

[§ 323.15.2] § 323.152. Schedule of reduction in taxable value.
 

In addition to the reduction in taxes required under section 319.302 [319.30.2] of the Revised Code, taxes shall be reduced as provided in divisions (A) and (B) of this section. 

(A) (1) Division (A) of this section applies to any of the following: 

(a) A person who is permanently and totally disabled; 

(b) A person who is sixty-five years of age or older; 

(c) A person who is the surviving spouse of a deceased person who was permanently and totally disabled or sixty-five years of age or older and who applied and qualified for a reduction in taxes under this division in the year of death, provided the surviving spouse is at least fifty-nine but not sixty-five or more years of age on the date the deceased spouse dies. 

(2) Real property taxes on a homestead owned and occupied, or a homestead in a housing cooperative occupied, by a person to whom division (A) of this section applies shall be reduced for each year for which the owner obtains a certificate of reduction from the county auditor under section 323.154 [323.15.4] of the Revised Code or for which the occupant obtains a certificate of reduction in accordance with section 323.159 [323.15.9] of the Revised Code. The reduction shall equal the amount obtained by multiplying the tax rate for the tax year for which the certificate is issued by the reduction in taxable value shown in the following schedule:         
 
              Total Income                  Reduce Taxable Value by the
                                            Lesser of:
$11,900 or less                                      $5,000 or seventy-five
                                                     percent
More than $11,900 but not more than $17,500          $3,000 or sixty per cent
More than $17,500 but not more than $23,000          $1,000 or twenty-five
                                                     per cent
More than $23,000                                    -0-
 

(3) Each calendar year, the tax commissioner shall adjust the foregoing schedule by completing the following calculations in September of each year: 

(a) Determine the percentage increase in the gross domestic product deflator determined by the bureau of economic analysis of the United States department of commerce from the first day of January of the preceding calendar year to the last day of December of the preceding calendar year; 

(b) Multiply that percentage increase by each of the total income amounts, and by each dollar amount by which taxable value is reduced, for the current tax year; 

(c) Add the resulting product to each of the total income amounts, and to each of the dollar amounts by which taxable value is reduced, for the current tax year; 

(d) (i) Except as provided in division (A)(3)(d)(ii) of this section, round the resulting sum to the nearest multiple of one hundred dollars; 

(ii) If rounding the resulting sum to the nearest multiple of one hundred dollars under division (A)(3)(d)(i) of this section does not increase the dollar amounts by which taxable value is reduced, the resulting sum instead shall be rounded to the nearest multiple of ten dollars. 

The commissioner shall certify the amounts resulting from the adjustment to each county auditor not later than the first day of December each year. The certified amounts apply to the following tax year. The commissioner shall not make the adjustment in any calendar year in which the amounts resulting from the adjustment would be less than the total income amounts, or less than the dollar amounts by which taxable value is reduced, for the current tax year. 

(B) To provide a partial exemption, real property taxes on any homestead, and manufactured home taxes on any manufactured or mobile home on which a manufactured home tax is assessed pursuant to division (D)(2) of section 4503.06 of the Revised Code, shall be reduced for each year for which the owner obtains a certificate of reduction from the county auditor under section 323.154 [323.15.4] of the Revised Code. The amount of the reduction shall equal two and one-half per cent of the amount of taxes to be levied on the homestead or the manufactured or mobile home after applying section 319.301 [319.30.1] of the Revised Code. 

(C) The reductions granted by this section do not apply to special assessments or respread of assessments levied against the homestead, and if there is a transfer of ownership subsequent to the filing of an application for a reduction in taxes, such reductions are not forfeited for such year by virtue of such transfer. 

(D) The reductions in taxable value referred to in this section shall be applied solely as a factor for the purpose of computing the reduction of taxes under this section and shall not affect the total value of property in any subdivision or taxing district as listed and assessed for taxation on the tax lists and duplicates, or any direct or indirect limitations on indebtedness of a subdivision or taxing district. If after application of sections 5705.31 and 5705.32 of the Revised Code, including the allocation of all levies within the ten-mill limitation to debt charges to the extent therein provided, there would be insufficient funds for payment of debt charges not provided for by levies in excess of the ten-mill limitation, the reduction of taxes provided for in sections 323.151 to 323.159 [323.15.1 to 323.15.9] of the Revised Code shall be proportionately adjusted to the extent necessary to provide such funds from levies within the ten-mill limitation. 

(E) No reduction shall be made on the taxes due on the homestead of any person convicted of violating division (C) or (D) of section 323.153 [323.15.3] of the Revised Code for a period of three years following the conviction. 
 

HISTORY: 134 v H 475 (Eff 12-20-71); 134 v S 535 (Eff 6-30-72); 135 v H 86 (Eff 6-29-73); 135 v S 247 (Eff 7-17-73); 135 v H 1064 (Eff 7-26-74); 136 v H 23 (Eff 5-1-75); 136 v S 24 (Eff 11-7-75); 138 v S 6 (Eff 6-7-79); 138 v H 204 (Eff 1-1-80); 138 v H 1238 (Eff 12-19-80); 141 v H 182 (Eff 3-13-87); 144 v H 66 (Eff 7-11-91); 146 v H 117 (Eff 6-30-95); 147 v S 142 (Eff 3-30-99); 148 v S 6 (Eff 8-12-99); 148 v H 595 (Eff 4-5-2001); 149 v S 200. Eff 9-6-2002; 150 v H 127, § 1, eff. 3-11-04; 151 v H 66, § 101.01, eff. 6-30-05.
 

The provisions of § 557.15 of 151 v H 66 read as follows: 

SECTION 557.15. The amendment by this act of sections 319.302 and 323.152 of the Revised Code first applies in tax year 2005. 

The effective date is set by § 612.21 of 151 v H 66. 

The provisions of § 10, H.B. 127 (150 v  - ), read as follows: 

Section 10. (A) The amendment by this act of section 323.152 of the Revised Code applies to tax year 2004 and thereafter. 

See provisions, § 3 of HB 672 (148 v  - ) following RC § 323.15.1. 

See provisions, § 3(A) of SB 6 (148 v  - ), following RC § 323.15.1. 

 

Effect of Amendments

151 v H 66, effective June 30, 2005, in (B), added "To provide a partial exemption" to the beginning, and substituted "two and one-half per cent of the amount of taxes to be levied" for "one-fourth of the amount by which the taxes charged and payable" and "after applying section 319.301" for "are reduced for such year under section 319.302". 

H.B. 127, Acts 2003, effective March 11, 2004, added (A)(3)(d)(ii), and inserted the exception at the beginning of (A)(3)(d)(i).