Ohio Administrative Code
Title 5703 - Department of Taxation
Chapter 5703-29 - Commercial Activity Tax
Section 5703-29-04 - Excluded person - consolidated elected and combined taxpayer groups
Universal Citation: OH Admin Code 5703-29-04
Current through all regulations passed and filed through September 16, 2024
(A) As used in this rule, "exclusion amount" has the same meaning as in section 5751.01 of the Revised Code.
(B)
(1)
A consolidated
elected taxpayer group is formed by an election pursuant to section
5751.011 of the Revised Code. To
make the election, the group needs to register as such a taxpayer. For tax
periods beginning before January 1, 2024, even if the group's total taxable
receipts are below one hundred fifty thousand dollars, with or without taking
into account gross receipts excluded because they are from other members of the
group, the group still needs to pay the flat (minimum) tax.
(2)
For tax periods
beginning on or after January 1, 2024:
(a)
Notwithstanding
the binding eight-calendar quarters for which a consolidated election applies
under section 5751.011 of the Revised Code, if
a registered consolidated elected taxpayer's taxable gross receipts will not
exceed the exclusion amount in the calendar year, such taxpayer may cancel its
account.
(b)
If a group of persons who would be subject to the
commercial activity tax if the group registered as a combined taxpayer, but
whose aggregate taxable gross receipts would not exceed the exclusion amount in
the calendar year if the group were to make a valid consolidated election under
section 5751.011 of the Revised Code and
exclude intermember receipts, the group of persons does not need to register
for the commercial activity tax.
(C)
(1)
A combined taxpayer group exists pursuant to the
provisions of section
5751.012 of the Revised Code.
This group is not formed by an election. For tax periods beginning before
January 1, 2024, if the group's total taxable receipts are below one hundred
fifty thousand dollars in a calendar year, such group does not need to register
or pay the flat (minimum) tax. For tax periods beginning on or after January 1,
2024, if the group's taxable gross receipts do not exceed the exclusion amount
in a calendar year, such group does not need to register or pay the tax in that
calendar year
(2)
For tax periods beginning before January 1, 2024,
within thirty days of having taxable gross receipts of one hundred fifty
thousand dollars or more, such combined taxpayer group needs to register for,
and is subject to, the commercial activity tax.
(3)
For calendar year
2024 and thereafter, within thirty days of having taxable gross receipts of
more than the exclusion amount, such combined taxpayer group should register
for and is subject to, the commercial activity tax.
Replaces: 5703-29-04
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