2006 Ohio Revised Code - 5741.12. Return required by seller or user; payment of tax.

§ 5741.12. Return required by seller or user; payment of tax.
 

(A)  Each seller required by section 5741.17 of the Revised Code to register with the tax commissioner, and any seller authorized by the commissioner to collect the tax imposed by or pursuant to section 5741.02, 5741.021 [5741.02.1], 5741.022 [5741.02.2], or 5741.023 [5741.02.3] of the Revised Code is subject to the same requirements and entitled to the same deductions and discount for prompt payments as are vendors under section 5739.12 of the Revised Code, and the same monetary allowances as are vendors under section 5739.06 of the Revised Code. The powers and duties of the commissioner and the treasurer of state with respect to returns and tax remittances under this section shall be identical with those prescribed in section 5739.12 of the Revised Code. 

(B)  Every person storing, using, or consuming tangible personal property or receiving the benefit of a service, the storage, use, consumption, or receipt of which is subject to the tax imposed by or pursuant to section 5741.02, 5741.021 [5741.02.1], 5741.022 [5741.02.2], or 5741.023 [5741.02.3] of the Revised Code, when such tax was not paid to a seller, shall, on or before the twenty-third day of each month, file with the tax commissioner a return for the preceding month in such form as is prescribed by the commissioner, showing such information as the commissioner deems necessary, and shall pay the tax shown on the return to be due. Remittance shall be made payable to the treasurer of state. The commissioner may require consumers to file returns and pay the tax at other than monthly intervals, if the commissioner determines that such filing is necessary for the efficient administration of the tax. If the commissioner determines that a consumer's tax liability is not such as to merit monthly filing, the commissioner may authorize the consumer to file returns and pay tax at less frequent intervals. 
 

Any consumer required to file a return and pay the tax under this section whose payment for any year indicated in section 5741.121 [5741.12.1] of the Revised Code equals or exceeds the amount shown in that section shall make each payment required by this section in the second ensuing and each succeeding year by means of electronic funds transfer as prescribed by, and on or before the dates specified in, section 5741.121 [5741.12.1] of the Revised Code, except as otherwise prescribed by that section. 

(C)  Every person storing, using, or consuming a motor vehicle, watercraft, or outboard motor, the ownership of which must be evidenced by certificate of title, shall file the return required by this section and pay the tax due at or prior to the time of filing an application for certificate of title. 
 

HISTORY: GC § 5546-29; 116 v PtII, 101, § 5; 117 v 373(388); Bureau of Code Revision, 10-1-53; 127 v 131 (Eff 9-7-57); 129 v 1164(1180) (Eff 1-1-62); 130 v 1357 (Eff 1-23-63); 132 v H 919 (Eff 12-12-67); 135 v S 544 (Eff 6-29-74); 138 v S 16 (Eff 10-29-79); 139 v H 694, § 207 (Eff 8-1-82); 141 v H 583 (Eff 2-20-86); 144 v S 279 (Eff 4-1-92); 144 v H 740 (Eff 3-19-93); 149 v H 94 (Eff 1-1-2002); 149 v S 143. Eff 7-1-2003; 150 v H 40, § 1, eff. 3-7-03; 150 v H 40, § 3, eff. 7-1-03.
 

The effective date is set by section 5 of H.B. 40 (150 v  - ). 

See provisions of § 134.14 of H.B. 95 following RC § 5739.04. 

 

Effect of Amendments

Sections 1 and 3, H.B. 40, Acts 2003, effective March 7, 2003, and July 1, 2003, respectively, made identical amendments. Each inserted "and on or before the dates specified in" in the second paragraph of (B).