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January 25 & 26, 2022 : 31st Annual Ohio Business Tax Conference

Ohio Real Property Tax – Ohio severely restricts school districts’ rights to challenge property values

June 21, 2022

Recently-enacted HB 126 significantly alters the rights and procedures for local school districts (among other government entities) to contest property valuations for real property taxes. The changes described below will affect current and future valuation complaints and appeals. Accordingly, this is an opportune time for property owners to review their approach to property taxes and… Read More

Ohio Income Tax – Ohio Jumps on Trend to Codify SALT Deduction Cap Workaround

June 16, 2022

Last year, this post explained that investors in Ohio pass-through entities (PTEs) may be able to avoid the $10,000 state and local tax (SALT) deduction cap using Ohio’s composite return election. Now a little over a year later, Ohio has ended any uncertainty and joined the growing number of states passing SALT Cap Workaround laws… Read More

Ohio Sales and Use Tax: Sales of mixed service including custom software and automated services purchased by bank needs further examination of purchaser’s true object. 

May 5, 2022

The Ohio Supreme Court recently addressed whether certain “account processing services” purchased by Cincinnati Federal Savings & Loan Co. were subject to Ohio sales / use tax. The services involved the use of software to automate maintenance of the bank’s accounting and financial records on an ongoing and real-time basis. The Court found that the… Read More

Deadline to Save on Your Real Property Taxes Approaching – It’s time to check if your property tax valuation is inflated.

March 9, 2022

Property owners and certain tenants may challenge the taxable value of their property for the 2021 tax year by filing a real property tax valuation complaint before March 31, 2022 to reduce their property taxes. For the first time, Ohio law allows certain commercial and industrial tenants, in addition to property owners, to file the… Read More

OSBA Sales & Use Tax Subcommittee Highlights Recent Cases

March 2, 2022

Click here to view the Sales & Use Tax Subcommittee Report that Steve and Rich presented to the Ohio State Bar Association’s Taxation Law Committee on January 27, 2022. The OSBA Sales/Use Tax Subcommittee Report discusses recent developments concerning the scope of taxable services, as well as the federal preemption of taxation on internet services which… Read More

Once-in-a-Lifetime Tax Incentive: Employee Retention Credit extended to Q3 and Q4 2021, and expanded for start-ups and struggling businesses.

August 23, 2021

On August 4, 2021, the IRS released additional guidance concerning the Employee Retention Credit (ERC) for Q3 and Q4 2021. See IRS Notice 2021-49. A notable expansion to eligible businesses includes any business started after February 15, 2020. Further, any employer experiencing a significant decline in quarterly gross receipts for Q1 to Q3 2021 will… Read More

Ohio’s Budget Bill tax changes aim to increase Ohio investment and reduce burdens on recovering businesses

July 20, 2021

Ohio’s Biennial Budget Bill (Am. Sub. H.B. 110) was signed into law by Governor DeWine on June 30, 2021. The bipartisan bill boasts substantial measures to boost school and scholarship funding, create incentives for investing in Ohio, provide relief to businesses hit hard by COVID-19, and even allow college student-athletes to benefit from their own… Read More

Ohio Sales / Use Tax: Who controls your trash? Critical contractual distinction determines tax exemption for waste haulers, creating potential refund opportunities.

July 13, 2021

The Ohio Supreme Court recently ruled that a waste-hauler was entitled to Ohio’s transportation-for-hire exemption from sales / use tax on trucks used to haul trash to customer-designated locations. In N.A.T. Transportation, Inc. v. McClain, the Court determined the waste had not been abandoned, distinguishing from a previous case, since these customers controlled the destination… Read More

Out-of-State Remote Workers may Create Substantial Nexus as COVID-19 Protections Expire

July 8, 2021

In response to the COVID-19 pandemic, as work-from-home became the norm, many states provided safe harbors such that remote workers teleworking in the state would not create nexus for corporate income tax and sales / use tax purposes. Thus, businesses with teleworking employees were not burdened with additional state tax obligations during the pandemic. Now… Read More

Challenge to Ohio’s COVID-19 Remote Worker Withholding Statute Dismissed

June 9, 2021

In the fall 2020, Ohio passed a law giving employers flexibility to withhold income taxes as if employees were still working at the office, even if they were working remotely in a different municipality due to COVID-19. See H.B. 197. It essentially provided administrative relief to employers because they are not required to withhold tax… Read More

Ohio commercial activity tax – NASCAR hits Roadblock as broadcast and media revenue sitused to Ohio based upon viewership data

May 18, 2021

For Ohio commercial activity tax (CAT), gross receipts from certain intellectual property, such as trademarks, trade names, patents and copyrights, are sitused to the location where the purchaser uses or has the right to use the property. R.C. 5751.033(F). NASCAR’s revenue from the broadcast of its races “encompassed territory both inside and outside of Ohio.”… Read More

Significant Real Property Tax Savings Available for Property Owners Affected by COVID-19

April 28, 2021

Yesterday, Governor DeWine signed S.B. 57 into law, which allows property owners to reduce their 2020 property tax bills by filing a special “COVID-19 Complaint” with the county due by September 2, 2021. Complaints may be filed beginning August 3, 2021. Additionally, the statutory restriction for filing only one complaint in a 3-year valuation period… Read More

SALT Cap Workaround – Ohio provides PTE investors who elect workaround with income tax benefit.

April 13, 2021

Individuals are limited to deducting $10,000 ($5,000 for married filing separate) of state and local taxes (SALT) on their Federal income tax. Generally, income earned by pass-through entities (PTE) is taxed at the investor level, meaning business owners lose a valuable Federal income tax deduction for state taxes paid on income earned by businesses they… Read More

Ohio Domicile: Taxpayer could have prevailed with simple affidavit

March 25, 2021

In a recent Board of Tax Appeals Case, taxpayers contested the Department’s assessment of personal income taxes for 2014-16, asserting that they were not Ohio residents. See Anthony R. Joy & Robin E. Miller, (et. Al.), v. Jeffrey A. Mcclain, Ohio BTA Case No. 2020-239. However, the taxpayers made two critical mistakes that ultimately resulted in… Read More

Ohio Commercial Activity Tax: Proposed Rule Allows Retroactive Consolidated Filing Election

November 17, 2020

In our previous post, we explained the Ohio Department of Taxation proposed a regulation change to limit a taxpayer’s ability to make a retroactive consolidated filing election for Ohio Commercial Activity Tax purposes (CAT). The rule change is in response to a BTA decision where a taxpayer was permitted to make a retroactive consolidated filing… Read More

Ohio CAT – Ohio Supreme Court holds sale of intangible contract rights sitused outside Ohio

September 29, 2020

Ohio Commercial Activity Tax – Ohio Supreme Court applies market-based sourcing and grants taxpayer refund by situsing intangible revenue to purchaser’s physical locations.  Situsing gross receipts often becomes a contentious issue in Ohio Commercial Activity Tax (CAT) audits partially due to the lack of guidance applying Ohio’s market-based sourcing statute. The Ohio Supreme Court has… Read More

OSBA Sales & Use Tax Subcommittee Report Highlights Recent Cases

September 25, 2020

Click here to view the Sales & Use Tax Subcommittee Report that Steve and Rich presented to the Ohio State Bar Association’s Taxation Law Committee on September 24, 2020. The OSBA Sales/Use Tax Subcommittee Report discusses recent developments concerning the scope of taxable services, as well as the federal preemption of taxation on internet services which… Read More

Ohio Board of Tax Appeals denies Taxpayers Business Income Deduction due to Improperly Introduced Evidence

September 18, 2020

Retaining experienced counsel with knowledge of not only proper procedure but how to present a case is critical to prevailing at the Board of Tax Appeals (BTA). Recently, the BTA denied the taxpayer’s claim for a business income deduction in part because supporting evidence was attached to the notice of appeal, not properly presented at… Read More

Ohio clarifies SBA Economic Injury Disaster Loan (EIDL) grants are taxable gross receipts for CAT Purposes

September 10, 2020

In a previous post, we noted that forgiven Paycheck Protection Program (PPP) loan amounts are excluded from Ohio’s commercial activity tax (CAT) to provide taxpayer relief during the COVID-19 pandemic. H.B. 481. However, the Ohio Department of Taxation has indicated this relief does not extend to EIDL advance grants and other county-issued relief grants. Recently,… Read More

Ohio bills seek to repeal law giving cities flexibility for remote worker withholdings

September 4, 2020

In the wake of the Covid-19 pandemic, the Ohio General Assembly passed H.B. 197 to provide tax relief to Ohio citizens through deadline extensions and flexible tax policy. One provision gave employers flexibility to withhold income taxes as if employees were still working at the office, even if they were working remotely in a different… Read More

Sales Tax Collection: Broad Marketplace Facilitator Laws Could Capture Unwary Taxpayers

August 31, 2020

Most states have recently passed laws requiring marketplace facilitator to collect tax on e-commerce sales by remote sellers made through the marketplace’s platform. Ohio, for example, broadly defines a marketplace facilitator as any entity that operates a marketplace and facilitates payment processes for goods or services. R.C. 5741.01(W). This definitions covers the usual suspects, such… Read More

Marketplace facilitators making interstate sales collect Ohio sales tax based upon the consumer’s destination

August 19, 2020

Sourcing sales is critical to determine the appropriate jurisdiction and tax rate for Ohio sales tax collection purposes. Recently, the Ohio Department of Taxation revised Information Release ST 2009-03 to reflect that sales facilitated by “marketplace facilitators” are sourced to the destination of the sale – i.e., the location where the consumer receives the tangible… Read More

PPP loan forgiveness will not result in increased Ohio commercial activity taxes

July 30, 2020

To provide some taxpayer relief in the wake of COVID-19, Ohio is excluding forgiven PPP loan amounts from Ohio’s commercial activity tax (CAT). While generally debt forgiveness is treated as taxable gross receipts for CAT purposes under R.C. 5751.01(F), forgiven PPP loans will be specifically excluded under recently passed H.B. 481. The Ohio General Assembly… Read More

Supreme Court Upholds Cleveland Municipal Income Tax on Nonresident’s Stock Option Income

July 6, 2020

A former Ohio resident could not avoid Cleveland municipal income tax even after retiring and moving to Florida. The Ohio Supreme Court held income generated from employee stock options received as compensation while employed in Cleveland were properly taxed by the City, even though the employee had retired and moved out-of-state before she exercised the… Read More

Ohio sales tax no longer to be imposed on internet access services due to federal restrictions.

June 24, 2020

Beginning July 1, 2020, federal law will permanently prohibit state sales tax on internet access services under the Internet Tax Freedom Act (ITFA). Although Ohio was amongst seven states previously exempt from the federal prohibition, these states cannot tax internet access charges starting July 1, 2020. Ohio will continue to impose sales tax on automatic… Read More

Namaste, Ohio sales tax is not owed on membership fees for instructor-led fitness classes

June 17, 2020

Ohio generally taxes gym, athletic club, and health spa memberships that allow members to use the facility for physical exercise. R.C. 5739.01(B)(3)(n) & (r). However, with the growing popularity of group fitness classes, the issue arose whether fees for unlimited access to instructor-led classes are taxable. The Ohio Department of Taxation recently answered this question… Read More

Law360: Security Co. Disputes ADT Fee Sourcing In Ohio High Court

May 1, 2020

Originally published on Law360 on April 28, 2020.  | PDF Download available by clicking here.  Watch the oral argument here. A security company that sells residential alarm service contracts to ADT told the Ohio Supreme Court on Tuesday that the contract fees shouldn’t be sourced to Ohio for tax purposes because ADT receives the contract benefits… Read More

Ohio Commercial Activity Tax – Ohio Board of Tax Appeals relies on federal income tax treatment of vehicle financing transactions for reversal of CAT assessment.

March 4, 2020

A common question in many Ohio commercial activity tax (CAT) audits is whether federal tax treatment may be relied upon. Although the statute says it should (R.C. 5751.01(K)), the Tax Commissioner is often reluctant to accept the federal treatment for CAT purposes – a gross receipts-based tax, not an income tax. The Ohio Board of… Read More

Ohio Drafts Rule Limiting Retroactive Consolidated Filing Elections

January 27, 2020

The Ohio Department of Taxation has proposed a regulation change that would prevent taxpayers from making a retroactive consolidated filing election for Ohio Commercial Activity Tax purposes (CAT). The rule change appears to be an attempt to limit the application of a recent BTA decision where a taxpayer was permitted to make a retroactive consolidated… Read More

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Ohio sales / use tax: Statute expanding oil & gas exemption applies retroactively to purchases of hydraulic fracturing equipment

December 31, 2019

The Tenth District Ohio Court of Appeals recently applied a statutory amendment clarifying the oil & gas exemption for Ohio sales & use tax retroactively. Interestingly, while this appeal was pending at the Board of Tax Appeals, the legislature amended the statute to clarify the scope of the exemption for fracking equipment. Although legislation is… Read More

Ohio sales / use tax: High-speed communication cable lines are now nontaxable real property improvements creating significant refund opportunity for taxpayers

October 28, 2019

The Ohio Board of Tax Appeals recently overturned precedent and held that the installation of industry-standard communication lines constituted nontaxable real property improvements rather than taxable business fixtures. Nationwide Mutual Insurance Co. v. McClain, Ohio BTA Case No. 2018-313 (October 22, 2019). Despite a previous ruling that the same type of cabling was a business… Read More

Taxpayer permitted to correct fatal mistake by retroactively making consolidated election for Ohio commercial activity tax and excluding intercompany receipts from tax.

October 22, 2019

The Ohio Board of Tax Appeals recently allowed a taxpayer to retroactively elect to be taxed as a consolidated taxpayer for Ohio commercial activity tax, even after an audit had commenced. Nissan North America, Inc. v. McClain, Ohio BTA Case No. 2016-1076 (October 9, 2019). Even though Nissan failed to elect consolidated status when it… Read More

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Paving the Way to Tax Refunds | Buckingham Wins Big for Ohio Heavy Highway Contractors

October 7, 2019

Buckingham Tax Attorneys Steve Dimengo and Rich Fry recently obtained a favorable ruling from the 9th District Court of Appeals for their client in Karvo Paving Co. v. Testa, 2019-Ohio-3974. This victory enables highway and road paving contractors to purchase traffic maintenance property, such as barrier walls, temporary traffic signs, etc., exempt from Ohio sales /… Read More

OSBA Sales & Use Tax Subcommittee Report Highlights Recent Cases

September 19, 2019

Click here to view the Sales & Use Tax Subcommittee Report that Steve and Rich presented to the Ohio State Bar Association’s Taxation Law Committee on September 19, 2019. The report highlights the recent changes to Ohio law requiring out-of-state sellers and marketplace facilitators to collect tax on sales into the state, as well as recent… Read More

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Getting Counsel Involved Early can Save your Ohio Sales / Use Tax Refund

September 6, 2019

Recently, the Ohio Board of Tax Appeals (BTA) denied a taxpayer’s sales tax refund in part because it could not consider the taxpayer’s improperly submitted evidence. In Environmental Quality Management Inc. v. McClain, BTA No. 2018-1194 (August 8, 2019),  the taxpayer sought a refund for sales tax paid on software used by non-Ohio employees. The… Read More

Practical Law – Sales and Use Tax for Remote Sellers: Ohio

August 28, 2019

A Q&A guide to remote sellers’ exposure to sales and use tax in Ohio after the US Supreme Court’s decision in South Dakota v. Wayfair, Inc. in 2018. This Q&A addresses issues including nexus for remote sellers, taxability based on economic nexus and software nexus, economic nexus thresholds (including the threshold measurement period), the Streamlined… Read More

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Ohio Sales / Use Tax: Ohio joins the wave by enacting Wayfair economic nexus standards and expanding collection obligations to marketplace facilitators

July 31, 2019

Nexus for Ohio sales / use tax collection expands effective August 1, 2019 to include out-of-state sellers and marketplace facilitators that deliver at least $100,000 of sales or 200 transactions to Ohio. Ohio’s General Assembly recently enacted Am Sub. H.B. 166, the biennial budget bill, which adopted economic nexus provisions replacing the previous click-through, software,… Read More

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Multistate Sales Tax: States continue to roll out their own economic nexus laws in response to Wayfair

June 11, 2019

We are approaching one year since the U.S. Supreme Court overruled 50 years of precedent to eliminate the “physical presence” bright-line rule for substantial nexus in its South Dakota v. Wayfair decision. Most states have already responded to Wayfair by enacting “economic nexus” laws requiring remote sellers to collect sales tax. This includes larger states,… Read More

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Ohio’s Municipal Net Profits Tax Reform Constitutional – Centralized filing provides significant administrative benefits to companies doing business across multiple localities.

March 26, 2019

Ohio’s efforts to substantially simplify its municipal income tax regime – a much-needed reform – is permitted to move forward. Ohio instituted municipal income tax reform, which took effect with the 2018 tax year, permitted business to elect to file a centralized return with the Ohio Department of Taxation, among other uniformity measures. Ohio municipalities… Read More

Out-of-state businesses with little-to-no connection with Ohio owe commercial activity tax based upon their customers’ subsequent shipment of products to Ohio.

March 20, 2019

Ohio’s 10th District Court of Appeals affirmed the Board of Tax Appeals’ decision upholding commercial activity tax (CAT) assessments issued to a Georgia business with no activities in Ohio and minimal (if any) direction towards the state’s market. The Court held that application of the Ohio CAT’s market-based situsing principals to the taxpayer’s, Greenscapes Home… Read More

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Tax Talk | Top Takeaways from the 2019 Ohio Tax Conference

February 26, 2019

Tax Talk | Top Takeaways from the 2019 Ohio Tax Conference Watch this episode of Tax Talk where Steven A. Dimengo and Richard B. Fry wrap up this year’s tax conference by giving you their key takeaways and highlights from the event. At the top of the highlights was meeting the New Ohio Tax Commissioner… Read More

OSBA Sales & Use Tax Subcommittee Report Highlights Recent Cases

January 22, 2019

Click here to view the Sales & Use Tax Subcommittee Report that Steve and Rich presented to the Ohio State Bar Association’s Taxation Law Committee on January 15, 2019. The Report highlights recent cases interpreting the scope of the resale exemption, employment services, and building maintenance and janitorial services. In particular, the recent case concluding… Read More

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Ohio Sales & Use Tax: Employment services are not taxable when outsourced staff is controlled by the staffing agency’s on-site management.

January 18, 2019

The Ohio Supreme Court has held that services provided by a staffing agency (Seaton Corp) to a manufacturer were not taxable when the staffing agency provides on-site management. The controversy centered on whether Seaton Corp was providing “employment services” under 5739.01(B)(3)(k)—specifically whether the personnel were performing work under the “supervision or control” of the manufacturer…. Read More

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Ohio Sales & Use Tax: Resale exemption denied where lease amongst related parties lacked a substantive business purpose.

January 8, 2019

Businesses commonly use what is referred to as a “dry lease” to obtain use of a corporate aircraft for several reasons. One benefit of these arrangements is the lessor’s ability to claim the resale exemption on the aircraft’s purchase, with tax only being owed on lease payments received for use in a particular state. However,… Read More

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Dimengo and Fry to speak at Annual Ohio Tax Conference

January 2, 2019

Buckingham attorneys Steven Dimengo and Richard Fry share details about their upcoming speaking sessions at the MEC Annual Ohio Tax Conference in Columbus, OH, on January 29 & 30, 2019. Watch this video for session details and registration information on this year’s tax conference.

Ohio Sales / Use Tax: Supreme Court says “keep the taps flowing sans tax,” limiting the scope of taxable building maintenance and janitorial services

December 28, 2018

Ohio Sales / Use Tax: Supreme Court says “keep the taps flowing sans tax,” limiting the scope of taxable building maintenance and janitorial services. In Great Lakes Bar Control v. Testa, 2018-Ohio-5207, the Ohio Supreme Court ruled that maintaining and cleaning draft beer lines falls outside the scope of a taxable “building maintenance and janitorial… Read More

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Ohio’s burdensome municipal income tax structure hinges on the meaning of “levy.”

December 12, 2018

Much-needed simplification of Ohio’s overly burdensome municipal income tax structure hinges on the meaning of “levy.” The 10th District Court of Appeals has heard oral arguments to decide the fate of Ohio’s efforts to reform municipal income tax for businesses and enact a centralized filing system. Last year, Ohio enacted H.B. 49, which allows businesses… Read More

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Cincinnati Reds notch offseason victory | Ohio Supreme Court’s groundbreaking decision finds promotional items exempt from Ohio sales & use tax.

November 21, 2018

The Cincinnati Reds notch an offseason victory, as the Ohio Supreme Court rules that bobbleheads and other promotional items are resold as part of ticket purchase making them exempt from Ohio sales / use tax. The Court quoting longtime Reds radio announcer, Marty Brennaman, “this one belongs to the Reds.” In a groundbreaking decision reversing… Read More

Adapting to a post-Wayfair world | What your business must do to comply with its multistate tax obligations

November 6, 2018

  It has been over four months since the landmark decision in South Dakota v. Wayfair was handed down. Twenty states are now enforcing some type of economic nexus threshold for sales tax collection, most of which mirror the South Dakota statute upheld in Wayfair. The following are critical issues business owners and managers need… Read More

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Ohio Sales / Use Tax- Ohio Supreme Court Recognizes Expansive Scope of Manufacturing Exemption

July 20, 2018

The Ohio Supreme Court recently reversed an Ohio Board of Tax Appeals decision addressing when the manufacturing process begins in Lafarge N. Am., Inc. v. Testa. Lafarge used bull-dozers, loaders, and dump trucks to break up and transport slag from a slag mountain. The bull-dozers ripped slag from the slag mountain and then crushed it… Read More