Generally, Ohio sales and use tax is not imposed upon tangible personal property used or consumed directly in agricultural activities. R.C. 5739.02(B)(42)(n). Similar to the manufacturing exemption, the following items purchased by persons engaged in farming, agriculture, horticulture or floriculture are exempt from Ohio sales / use tax: Items to be incorporated into tangible personalRead More
Events & Webinars
Click here to view Steve’s September 21, 2012 report which will be presented to the Taxation Section of the Ohio State Bar Association as Chair of the Sales/Use Tax Subcommittee.
Leased employees often come under scrutiny during Ohio sales tax audits. While many arrangements are exempt from sales tax, businesses should be proactive in documenting the transaction to properly evidence the exemption. Click here to view the outline from the presentation by Steven A. Dimengo and Phyllis Shambaugh (Ohio Department of Taxation Legal Counsel, SalesRead More
Ohio has expanded its job creation credit to employers of “home-based employees.” Sub. H.B. 327 (effective Sept. 6, 2012). A “home-based employee” is an employee who works primarily from the employee’s Ohio residence exclusively for the benefit of a qualifying project and is paid at least 131% of federal minimum wage. To qualify for theRead More
As reported by the Columbus Dispatch, Gov. Kasich is strongly considering reforming Ohio taxes, again. Over the last decade, Ohio’s tax structure dramatically changed due to the advent of the commercial activity tax, while Ohio corporate franchise and personal property taxes were eliminated and the Ohio personal income tax rate reduced. Gov. Kasich now seeksRead More
The following changes to Ohio sales and use tax were enacted pursuant to H.B. 508 effective September 6, 2012: Sales Tax owed on the Acquisition of Interests in Certain Pass-Through Entities: The definition of a “taxable sales” will now include transfers of ownership interests in a pass-through entity if the entity is not engaged inRead More
The following changes to the CAT were enacted pursuant to H.B. 508 effective September 6, 2012, except as noted below: Annual Exclusion (effective January 1, 2013): Under previous law, quarterly taxpayers were required to use $250,000 of the annual exclusion each quarter, with the unused portion thereof carried forward for up to three subsequent periods.Read More
The Ohio Department of Taxation (the “Department”) has a new initiative to audit quick service (or fast food) restaurants (“QSR”) throughout the state premised on the Department’s perception that QSRs fail to properly record taxable dine in sales. Article XII, Section 3(C) of the Ohio Constitution prohibits a sales tax on food purchased for offRead More
This article appears in and is reproduced with the permission of the Journal of Multistate Taxation and Incentives, Vol. 22, No. 3, June 2012. Published by Warren, Gorham & Lamont, an imprint of Thomson Reuters. Copyright (c) 2012 Thomson Reuters/WG&L. All rights reserved. By: STEVEN A. DIMENGO AND RICHARD B. FRY III After years of seeing jobs and businesses leaveRead More
Ohio’s General Tax Amnesty program begins today and runs through June 15, 2012. The program allows deliquent taxpayers to self-report essentially all Ohio taxes (except consumer’s use tax) that were due on or before May 1, 2011, including sales tax, personal income tax, commercial activity tax, pass-through entity tax and employer withholding tax. Taxes forRead More
