2006 Ohio Revised Code - 5749.06. Filing quarterly return; exceptions if payment in jeopardy; extensions; interest charges.

§ 5749.06. Filing quarterly return; exceptions if payment in jeopardy; extensions; interest charges.
 

Each severer liable for the tax imposed by section 5749.02 of the Revised Code shall make and file returns with the tax commissioner in the prescribed form and as of the prescribed times, computing and reflecting therein the tax as required by this chapter. 
 

The returns shall be filed for every quarterly period, which periods shall end on the thirty-first of March, the thirtieth day of June, the thirtieth day of September, and the thirty-first day of December of each year, as required by this section, unless a different return period is prescribed for a taxpayer by the tax commissioner. 
 

A separate return shall be filed for each calendar quarterly period, or other period, or any part thereof, during which the severer holds a license as provided by section 5749.04 of the Revised Code, or is required to hold such license, and such return shall be filed within forty-five days after the last day of each such calendar month, or other period, or any part thereof, for which such return is required and shall include remittance payable to the treasurer of state of the amount of tax due. All such returns shall contain such information as the commissioner may require to fairly administer the tax. 
 

All returns shall be signed by the severer, shall contain the full and complete information requested, and shall be made under penalty of perjury. 
 

If the commissioner believes that quarterly payments of tax would result in a delay which might jeopardize the collection of such tax payments, the commissioner may order that such payments be made weekly, or more frequently if necessary, such payments to be made not later than seven days following the close of the period for which the jeopardy payment is required. Such an order shall be delivered to the taxpayer personally or by certified mail and shall remain in effect until the commissioner notifies the taxpayer to the contrary. 
 

Upon good cause the commissioner may extend the period for filing any notice or return required to be filed under this section, and may remit all or a part of penalties that may become due under this chapter. 
 

Any tax not paid by the day the tax is due shall bear interest computed at the rate per annum prescribed by section 5703.47 of the Revised Code on that amount of tax due from the day that such amount was originally required to be paid to the day of actual payment or to the day an assessment was issued under section 5749.07 or 5749.10 of the Revised Code, whichever occurs first. 
 

The severer shall make all payments payable to the treasurer of state. All amounts that the tax commissioner receives under this section shall be deemed to be revenue from taxes imposed under this chapter. The tax commissioner shall immediately forward to the treasurer of state all amounts received under this section. 
 

HISTORY: 134 v H 475 (Eff 12-20-71); 139 v S 530 (Eff 6-25-82); 147 v H 215 (Eff 6-30-97); 149 v H 94. Eff 1-1-2003.
 

The effective date is set by section 218 of HB 94.