2006 Ohio Revised Code - 5709.44. Foreign trade zone exemption.

§ 5709.44. Foreign trade zone exemption.
 

(A)  As used in this section: 

(1) "Tangible personal property" means the personal property of a merchant that is required to be returned on the average basis as provided in section 5711.15 of the Revised Code, and the average value of all articles purchased, received, or otherwise held by a manufacturer for the purpose of being used in manufacturing, combining, rectifying, or refining, and the average value of all articles that were at any time manufactured or changed in any way by the taxpayer, either by combining, rectifying, or refining, or adding thereto; 

(2) "Foreign trade zone" means a general purpose foreign trade zone or a special purpose subzone for which, pursuant to the "Act of June 18, 1934," 48 Stat. 998, 19 U.S.C.A. 81a, as amended, a permit for foreign trade zone status was granted before January 1, 1992, including expansions of and additions to such a zone that are adjacent to the zone as it existed on January 1, 1992, but excluding special purpose subzones for which a permit is granted on or after such date. 

(B)  Tangible personal property, including such property when used solely for display or demonstration purposes, shall be considered to be in the stream of foreign commerce and shall be exempt from personal property taxation while held in a foreign trade zone. 
 

HISTORY: 137 v H 890 (Eff 8-1-78); 140 v H 291 (Eff 7-1-83); 143 v H 96 (Eff 1-1-90); 145 v S 5. Eff 3-16-93.
 

The provisions of § 557.09.09 of 151 v H 66 read as follows: 

SECTION 557.09.09. Notwithstanding any provision of Chapter 5751. of the Revised Code as enacted by this act, for purposes of Chapter 5751. of the Revised Code, "gross receipts" excludes amounts received from the sale of tangible personal property that is delivered into or shipped from a qualified foreign trade zone area that includes a qualified intermodal facility. 

As used in this section: 

(A) "Qualified foreign trade zone area" means a warehouse or other place of delivery or shipment that is: 

(1) Located within one mile of the nearest boundary of an international airport; and 

(2) Located, in whole or in part, within a foreign trade zone as defined in division (A) (2) of section 5709.44 of the Revised Code. 

(B) "Qualified intermodal facility" means a transshipment station that is capable of receiving and shipping freight through rail transportation, highway transportation, and air transportation. A transshipment station is "capable of receiving and shipping freight" after the commencement of the construction of each of the rail, highway, and air transportation components of the facility.