Ohio Administrative Code
Title 5703 - Department of Taxation
Chapter 5703-9 - Sales and Use Tax
Section 5703-9-12 - Exchanged merchandise
Universal Citation: OH Admin Code 5703-9-12
Current through all regulations passed and filed through September 16, 2024
(A)
(1)
If taxable merchandise is returned to the vendor in
exchange for another item the vendor may, provided the vendor allows the
customer the full purchase price of the item returned plus the applicable tax,
either by credit or refund, record the net difference between the selling price
of the item returned and the item delivered to the customer in the exchange as
an addition to or deduction from gross sales, whichever is
appropriate.
(2)
If the price of the item delivered to the customer in
the exchange is greater than the price of the item returned the vendor must
report the difference as an addition to gross sales and collect the appropriate
amount of sales tax on the additional amount.
(3)
If the price of
the item delivered to the customer in the exchange is less than the price of
the item returned the difference in price may be deducted from gross
sales.
(4)
If there is an exchange in a different jurisdiction,
the return and subsequent purchase needs to account for the change in
jurisdiction and rate. The jurisdiction of the original transaction is provided
any applicable (legal) credit of the tax and the subsequent purchase
representing an exchange is taxed at the applicable rate of the new
jurisdiction on the full purchase price.
(B) The provisions of this rule shall not apply to "trade-ins" so as to conflict with the statutory definition of "sale" and "price" as provided in section 5739.01 of the Revised Code.
Replaces: 5703-9-12
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