The Ohio Board of Tax Appeals recently decided two cases that affect Ohio’s Commercial Activity Tax (CAT): SMK Industries v. Testa and Defender Security v. Testa. Both decisions reviewed the CAT’s rules for situsing sales. SMK Industries reiterated Ohio’s “ultimate destination” rule for sourcing sales of tangible personal property under R.C. 5751.033(E), while Defender Security... Read More
Rich Fry
The Franklin County Court recently denied a challenge to the provision in H.B. 49 that allows taxpayers to file a single municipal net profit return with the Ohio Tax Commissioner through the Ohio Business Gateway. The sole issue in the case was whether Ohio’s General Assembly had the constitutional authority to enact centralized collection of... Read More
As co-chairs of the Ohio State Bar Association Sales / Use Tax Subcommittee, click here or see below to view the report Steve and Rich presented at the September 28, 2017 Taxation Committee meeting. As you will notice, many of the Ohio sales / use tax cases recently decided by the Board of Tax Appeals were based upon a lack of proof by the... Read More
The MTC has introduced the online marketplace voluntary disclosure initiative beginning August 17, 2017. This program allows online sellers that use a third-party facilitator to store inventory and fulfill sales outside its home state, such as Amazon FBA. The taxpayer must apply for the program between August 17 and October 17, 2017. Twenty three states... Read More
Gross receipts from sales of tangible personal property are sitused to Ohio if the goods are received by the purchaser in Ohio. R.C. 5751.033(E). The statute provides that the property is sitused to the place where it “is ultimately received after all transportation has been completed”. In Greenscapes Home and Garden Products, Inc. v. Testa,... Read More
Ohio’s Biennial Budget Bill (Am. Sub. H.B. 49) was signed into law by Governor Kasich on June 30, 2017, undoubtedly with much effort and compromise from Ohio’s legislatures who bridged a massive budget deficit, estimated to be as much as $1 billion. Many of the headlines have focused on the Medicaid limitations –which remain up... Read More
Welcome to TaxTalk–a video series where Buckingham Partners Steven A. Dimengo and Richard B. Fry discuss hot topics, new developments and tax law you need to know. Buckingham Partner, Rich Fry discusses current issues concerning the proposed Ohio Budget Bill for FY2018-2019 (H.B. 49), which was recently passed by the Ohio House and is now... Read More
The Ohio Board of Tax Appeals (BTA) ruled in favor of Great Lakes Bar Control, Inc. (“Great Lakes”) that maintaining draft beer dispensing services are not subject to Ohio sales tax. Great Lakes Bar Control, Inc. v. Testa, BTA Case No. 2016-34 (Apr. 14, 2017). Great Lakes was represented by Buckingham attorneys Steve Dimengo, Matt... Read More
As co-chairs of the Ohio State Bar Association Sales / Use Tax Subcommittee, here is a link to the report Steve and Rich presented at the January 7, 2016 Taxation Committee meeting. Of particular interest is the recent Ohio Supreme Court case that held officers can contest procedurally defective corporate assessments. If you have any question regarding the subcommittee report or any sales / use... Read More
The third annual Northeast Ohio State and Local Tax Conference was held on November 12, 2015 in Independence, Ohio. Matt Chafin, Chief Legal Counsel for the Ohio Department of Taxation, led off the Conference with an Ohio Tax Update, providing valuable insight to the Department of Taxation’s posture and recent initiatives. Chafin is the highest-ranking... Read More