2006 Ohio Revised Code - [5703.05.2] 5703.052.Tax refund fund.

[§ 5703.05.2] § 5703.052. Tax refund fund.
 

(A)  There is hereby created in the state treasury the tax refund fund, from which refunds shall be paid for taxes illegally or erroneously assessed or collected, or for any other reason overpaid, that are levied by Chapter 4301., 4305., 5728., 5729., 5733., 5735., 5739., 5741., 5743., 5747., 5748., 5749., or 5751., and sections 3737.71, 3905.35, 3905.36, 4303.33, 5707.03, 5725.18, 5727.28, 5727.38, 5727.81, and 5727.811 [5727.81.1] of the Revised Code. Refunds for fees illegally or erroneously assessed or collected, or for any other reason overpaid, that are levied by sections 3734.90 to 3734.9014 [3734.90.14] of the Revised Code also shall be paid from the fund. However, refunds for taxes levied under section 5739.101 [5739.10.1] of the Revised Code shall not be paid from the tax refund fund, but shall be paid as provided in section 5739.104 [5739.10.4] of the Revised Code. 

(B) (1)  Upon certification by the tax commissioner to the treasurer of state of a tax refund or fee refund, or by the superintendent of insurance of a domestic or foreign insurance tax refund, the treasurer of state shall place the amount certified to the credit of the fund. The certified amount transferred shall be derived from current receipts of the same tax or the fee from which the refund arose. If current receipts from the tax or fee from which the refund arose are inadequate to make the transfer of the amount so certified, the treasurer of state shall transfer such certified amount from current receipts of the sales tax levied by section 5739.02 of the Revised Code. 

(2) When the treasurer of state provides for the payment of a refund of a tax or fee from the current receipts of the sales tax, and the refund is for a tax or fee that is not levied by the state, the tax commissioner shall recover the amount of that refund from the next distribution of that tax or fee that otherwise would be made to the taxing jurisdiction. If the amount to be recovered would exceed twenty-five per cent of the next distribution of that tax or fee, the commissioner may spread the recovery over more than one future distribution, taking into account the amount to be recovered and the amount of the anticipated future distributions. In no event may the commissioner spread the recovery over a period to exceed twenty-four months. 
 

HISTORY: 131 v 1313 (Eff 11-9-65); 132 v H 1 (Eff 2-21-67); 133 v H 689 (Eff 8-18-69); 134 v H 475 (Eff 12-20-71); 134 v H 1203 (Eff 9-20-72); 137 v S 221 (Eff 11-23-77); 137 v H 415 (Eff 12-14-77); 138 v S 59 (Eff 6-30-79); 139 v H 694 (Eff 11-15-81); 139 v H 357 (Eff 10-1-82); 139 v S 530 (Eff 10-1-82); 140 v H 291 (Eff 7-1-83); 141 v H 201 (Eff 7-1-85); 143 v S 28 (Eff 6-13-89); 143 v H 111 (Eff 7-1-89); 143 v S 156 (Eff 12-31-89); 144 v H 904 (Eff 12-22-92); 145 v H 327 (Eff 6-30-93); 145 v S 165 (Eff 10-29-93); 146 v H 117 (Eff 6-30-95); 148 v H 283 (Eff 9-29-99); 148 v S 3 (Eff 10-5-99); 148 v S 287. Eff 12-21-2000; 150 v H 95, § 1, eff. 6-26-03; 151 v H 66, § 101.01, eff. 6-30-05.
 

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

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

The provisions of § 158, H.B. 95 (150 v  - ), read as follows: 

SECTION 158. (A) The amendment by this act of sections 165.09, 902.11, 4981.20, 5703.052, 5739.01, 5739.011, 5739.012, 5739.02, 5739.025, 5739.03, 5739.032, 5739.033 (in Section 1 of this act), 5739.12, 5739.121, 5739.122, 5739.17, 5739.21, 5741.01, 5741.02, and 5741.121 of the Revised Code apply on and after July 1, 2003. 

The provisions of § 5 of SB 287 (148 v  - ), amending § 174 of HB 283 (148 v  - ), read as follows: 

SECTION 5. That Section 174 of Am. Sub. H.B. 283 of the 123rd General Assembly be amended to read as follows: 

"Sec. 174. Sections 122.15, 122.152, 129.55, 129.63, 129.73, 718.01, 1555.12, 5528.36, 5703.052, 5703.053, 5727.01, 5727.30, 5727.31, 5727.311, 5727.32, 5727.38, 5727.42, 5727.48, 5727.50, 5727.60, and 5733.16 of the Revised Code, as amended by Am. Sub. H.B. 283 of the 123rd General Assembly, first apply to the excise tax year beginning May 1, 2000. Sections 5727.24, 5727.25, 5727.26, 5727.27, 5727.28, and 5727.29 of the Revised Code, as enacted by Am. Sub. H.B. 283 of the 123rd General Assembly, first apply to gross receipts derived from taxable activities that occur after April 30, 2000. Natural gas companies and combined electric and gas companies must file an annual statement pursuant to section 5727.31 of the Revised Code on or before August 1, 2000, and the Tax Commissioner shall issue an assessment pursuant to section 5727.38 of the Revised Code on or before the first Monday in November for the period ending April 30, 2000. Such companies shall have made and shall make payments of the excise tax on gross receipts imposed by section 5727.30 of the Revised Code on or before October 15, 1999, March 1, 2000, and June 1, 2000, in accordance with section 5727.31 of the Revised Code. Division (D) of section 5727.42 of the Revised Code does not apply to the portion of any assessment issued by the Tax Commissioner for the period ending April 30, 2000, that reflects the excise tax owed on those gross receipts from operating as a natural gas company that would have been subject to the tax under section 5727.24 of the Revised Code, as enacted by Am. Sub. H.B. 283 of the 123rd General Assembly." [The amendment of this section by § 66 of HB 640 (148 v  - ), eff 6-15-2000, deleted references to RC §§ 5727.01, 5727.30, 5727.31, 5727.31.1, 5727.32, 5727.33, 5727.38, 5727.42, 5727.48, and 5727.60.] 

The provisions of § 174 of HB 283 (148 v  - ), as amended by § 66 of HB 640 (148 v  - ), read as follows: 

Sec. 174. Sections 122.15, 122.152, 129.55, 129.63, 129.73, 718.01, 1555.12, 5528.36, 5703.052, 5703.053, 5727.48, 5727.50, and 5733.16 of the Revised Code, as amended by Am. Sub. H.B. 283 of the 123rd General Assembly, first apply to the excise tax year beginning May 1, 2000. Natural gas companies and combined companies must file an annual statement pursuant to section 5727.31 of the Revised Code on or before August 1, 2000, and the Tax Commissioner shall issue an assessment pursuant to section 5727.38 of the Revised Code on or before November 6, 2000, for the period ending April 30, 2000. Such companies shall have made and shall make payments of the excise tax on gross receipts imposed by section 5727.30 of the Revised Code on or before October 15, 1999, March 1, 2000, and June 1, 2000, in accordance with section 5727.31 of the Revised Code. For tax year 2000, the Tax Commissioner shall issue two separate assessments under section 5727.38 of the Revised Code with respect to each combined company. The first assessment shall reflect only the taxable gross receipts of a combined company from operating as a natural gas company subject to the tax levied by section 5727.24 of the Revised Code, as amended by this act. The second assessment shall reflect all the other taxable gross receipts of the combined company. A combined company's estimated payments that are due on or before October 15, 2000, March 1, 2001, and June 1, 2001 under division (B) of section 5727.31 of the Revised Code shall be based solely on this second assessment. Section 5727.42 of the Revised Code does not apply to the portion of any assessment issued by the Tax Commissioner for the period ending April 30, 2000, that reflects the excise tax owed on those gross receipts from operating as a natural gas company that would have been subject to the tax under section 5727.24 of the Revised Code, as amended by Am. Sub. H.B. 283 of the 123rd General Assembly. 

A natural gas company that had a tax liability of less than $325,000 for the tax assessed by the Tax Commissioner on or before November 1, 1999, is not required to make any tax payments under section 5727.42 of the Revised Code for the tax assessed by the Tax Commissioner on or before November 6, 2000, and that company shall remit the tax imposed by section 5727.24 of the Revised Code for the period of May 1, 2000, to December 31, 2000, under division (B) of section 5727.25 of the Revised Code. 

 

Effect of Amendments

151 v H 66, effective June 30, 2005, corrected internal references in (A).