2006 Ohio Revised Code - 5739.21. Crediting of funds.

§ 5739.21. Crediting of funds.
 

(A)  Four and two-tenths per cent of all money deposited into the state treasury under sections 5739.01 to 5739.31 of the Revised Code and not required to be distributed as provided in section 5739.102 [5739.10.2] of the Revised Code or division (B) of this section shall be credited to the local government fund for distribution in accordance with section 5747.50 of the Revised Code, six-tenths of one per cent shall be credited to the local government revenue assistance fund for distribution in accordance with section 5747.61 of the Revised Code, and ninety-five and two-tenths per cent shall be credited to the general revenue fund. 

(B) (1)  In any case where any county or transit authority has levied a tax or taxes pursuant to section 5739.021 [5739.02.1], 5739.023 [5739.02.3], or 5739.026 [5739.02.6] of the Revised Code, the tax commissioner shall, within forty-five days after the end of each month, determine and certify to the director of budget and management the amount of the proceeds of such tax or taxes received during that month from billings and assessments, or associated with tax returns or reports filed during that month, to be returned to the county or transit authority levying the tax or taxes. The amount to be returned to each county and transit authority shall be a fraction of the aggregate amount of money collected with respect to each area in which one or more of such taxes are concurrently in effect with the tax levied by section 5739.02 of the Revised Code. The numerator of the fraction is the rate of the tax levied by the county or transit authority and the denominator of the fraction is the aggregate rate of such taxes applicable to such area. The amount to be returned to each county or transit authority shall be reduced by the amount of any refunds of county or transit authority tax paid pursuant to section 5739.07 of the Revised Code during the same month, or transfers made pursuant to division (B)(2) of section 5703.052 [5703.05.2] of the Revised Code. 

(2) On a periodic basis, using the best information available, the tax commissioner shall distribute any amount of a county or transit authority tax that cannot be distributed under division (B)(1) of this section. Through audit or other means, the commissioner shall attempt to obtain the information necessary to make the distribution as provided under that division and, on receipt of that information, shall make adjustments to distributions previously made under this division. 

(C)  The aggregate amount to be returned to any county or transit authority shall be reduced by one per cent, which shall be certified directly to the credit of the local sales tax administrative fund, which is hereby created in the state treasury. For the purpose of determining the amount to be returned to a county and transit authority in which the rate of tax imposed by the transit authority has been reduced under section 5739.028 [5739.02.8] of the Revised Code, the tax commissioner shall use the respective rates of tax imposed by the county or transit authority that results from the change in the rates authorized under that section. 

(D)  The director of budget and management shall transfer, from the same funds and in the same proportions specified in division (A) of this section, to the permissive tax distribution fund created by division (B)(1) of section 4301.423 [4301.42.3] of the Revised Code and to the local sales tax administrative fund, the amounts certified by the tax commissioner. The tax commissioner shall then, on or before the twentieth day of the month in which such certification is made, provide for payment of such respective amounts to the county treasurer and to the fiscal officer of the transit authority levying the tax or taxes. The amount transferred to the local sales tax administrative fund is for use by the tax commissioner in defraying costs incurred in administering such taxes levied by a county or transit authority. 
 

HISTORY: GC § 5546-18; 115 v PtII, 306, § 18; 116 v PtII, 69; 116 v PtII, 326; 117 v 723; 117 v 855; 120 v 67; 121 v 410; 121 v 789; 122 v 453; 123 v 846; 124 v 768; Bureau of Code Revision, 10-1-53; 125 v 524; 125 v 527 (Eff 10-1-53); 126 v 1042; 127 v 1252; 127 v 757 (Eff 6-17-57); 132 v H 919 (Eff 12-12-67); 133 v H 531 (Eff 8-18-69); 133 v S 114 (Eff 11-17-69); 134 v H 475 (Eff 12-20-71); 134 v H 1068 (Eff 1-1-73); 135 v S 544 (Eff 6-29-74); 137 v S 221 (Eff 11-23-77); 139 v H 694 (Eff 11-15-81); 141 v H 201 (Eff 7-1-85); 141 v H 583 (Eff 2-20-86); 142 v H 171, § 1 (Eff 2-1-88); 142 v H 171, § 3.03 (Eff 7-1-89); 143 v H 111 (Eff 7-1-89); 144 v H 298 (Eff 7-26-91); 145 v H 327 (Eff 6-30-93); 146 v H 117 (Eff 6-30-95); 146 v S 188. Eff 7-19-95; 150 v H 40, § 1, eff. 7-1-03; 150 v H 95, § 1, eff. 6-26-03.
 

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