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Taxes:
Following is an explanation, in
general terms, of the tax structure in
Businesses in
Tax Reform in Ohio
Sweeping Tax Reform Makes Ohio Companies More Competitive in Global Economy
Major Components of Tax Reform Plan
On July 1, 2005, the State of Ohio instituted a sweeping change in the state tax code, eliminating all personal property and inventory taxes, in stages, by 2009 for existing Ohio companies. For companies new to Ohio, the new Commercial Activates Tax will be applied exclusively, with zero personal property or inventory taxes assessed.
Personal Income Tax
The state personal income tax - an adjusted net income tax on individuals, small businesses, estates, and trusts - was first enacted in 1971 as a state revenue source. When first enacted in 1971, the tax had a rate schedule comprised of six brackets, with a bottom rate of 1.0-percent on income under $5,000 and a top rate of 3.5-percent on income over $40,000. By 2005, this rate schedule had grown to encompass nine brackets, with a bottom rate of 0.712-percent on income under $5,000 and a top rate of 7.5-percent on income over $200,000.
The Ohio tax reform plan calls for a reduction and restructuring of the state’s personal income tax. The main feature of the tax reform plan is a 21 percent reduction in the Ohio income tax rate schedule. This reduction, phased-in over five years at 4.2 percent per year, will result in a new top rate of 5.95 percent, which is a 21 percent reduction from the current top rate of 7.5-percent. In addition, the tax reform plan calls for the re-establishment of an accumulated trust income tax, the development of a new higher education grant program and the implementation of a new low-income tax exemption program.
STANDARD PERSONAL EXEMPTION AND CREDIT
Personal exemptions of $650 per person are allowed. Credits against tax due of $20 per personal exemption are allowed.
RECIPROCITY
An individual who is a resident of Ohio or one of the five surrounding states and whose income consists solely of compensation from any of those states need only file with the state of residence.
RESIDENT/NONRESIDENT INCOME CREDITS
Taxpayers who earn income while living in another state or have income taxed by another state receive a credit for that portion of income.
Commercial Activity Tax
The Ohio tax reform plan calls for the implementation of a replacement business tax to help replace forgone state and local revenue resulting from the elimination of the tangible personal property tax on general businesses. This new tax – the commercial activity tax, or CAT– is an annual tax on the net gross receipts of a businesses’ activity within the state of Ohio. The CAT possesses a low rate (0.26 percent of gross receipts), a broad base (corporations and small business), and limited exemptions/credits (only four tax credits). As designed and structured, the CAT will not unfairly shift the tax burden to either businesses or individuals or unduly burden any one business sector or size of business within the state.
Under the tax reform plan, the CAT became effective beginning July 1, 2005. However, the full weight of the tax will be phased-in over a five-year period, at approximately 20 percent per year, with full implementation by April 1, 2009.
Foreign Trade Zone Exemption
If a facility is located in a foreign
trade zone that was established prior
to January 1, 1990 all inventories in the zone are completely exempt from
property taxes. If the foreign trade zone was established after January 1,
1990, only those inventories exempt under federal law are exempt from property
taxes. The foreign trade zone for the Toledo area was established in 1960,
and is located at the Port of Toledo and at Toledo Express Airport.
Real Property Taxes
All industrial and commercial property owners in Ohio must remit at least 1/2
of the Ohio
Real Property Tax on December 31st of each year, with the balance
due on June 20th.
Real property, defined as land and buildings, is valued for tax purposes at
35% of market value, where market value is based upon the highest and best
use of the property. Market value is reappraised by county officials every
six years with updated adjustments every third year.
The tax rates on this real estate vary with each taxing jurisdiction. The total
rate includes 10 mills of non-voted property tax and all levies approved by
the voters.
Businesses in Ohio benefit from two direct tax credits. These include a 10
percent rollback in the real property tax and a tax-reduction factor designed
to eliminate increases in voted taxes caused by inflation, which occur when
existing real property is reappraised or updated.
The following table shows actual and effective tax rates which apply to the different taxing districts. The actual rates are used in the computation of tangible personal property taxes (machinery and equipment, inventories, furniture and fixtures). The effective rates are used in the computation of real commercial and industrial property taxes. The rates are expressed in dollars and cents on each one thousand dollars of valuation.
RANGES OF REAL & PERSONAL PROPERTY TAX RATE
2008 Tax Rate Sheets by County
|
County |
#
of Taxing Units |
Real
Property/Business |
Personal
Property |
Defiance |
29 |
$45.53-63.46
|
$48.80-73.40
|
Erie |
34
|
$30.63-75.88
|
$35.95-94.10
|
Fulton |
34
|
$45.75-61.88
|
$65.10-90.43
|
Henry
|
41
|
$48.21-71.63
|
$63.41-84.70
|
|
Lucas |
46
|
$51.79-98.94
|
$76.35-151.05
|
|
|
27
|
$22.34-64.15
|
$44.15-91.40 |
Paulding
|
33
|
$49.56-77.06
|
$49.56-77.06 |
|
|
35
|
$36.19-66.18
|
$49.00-77.70
|
|
|
56 |
$46.01-69.35
|
$46.01-76.96
|
|
Williams
|
34 |
$40.25-57.97 |
$44.35-86.60 |
|
|
83
|
$42.60-71.57
|
$57.55-96.27
|
LUCAS COUNTY TAX RATES
| District Number |
|
2008 Real |
2008 Personal
Property Tax |
| 1-20 |
|
74.98
|
91.80
|
| 21 |
|
73.15
|
104.35
|
| 22-23 |
|
61.39
|
94.70
|
| 24 |
|
64.34
|
101.70
|
| 25 |
|
98.94
|
151.05
|
| 26 |
|
62.47
|
98.95
|
| 30 |
Harding Twp - Evergreen
LSD, 4Co. JVSD
|
52.20
|
73.15
|
| 31 |
Harding Twp - |
72.62
|
89.70
|
| 32 |
Harding Twp - Swanton
LSD
|
60.66
|
93.43
|
| 33 |
|
72.88
|
87.25 |
| 35 |
|
57.33
|
94.20
|
| 36 |
|
72.45
|
103.65
|
| 37 |
|
81.77
|
98.25
|
| 38 |
|
56.33
|
93.20
|
| 39 |
|
59.94
|
96.90
|
| 40
|
Monclova Twp - Whitehouse Village - Anthony Wayne LSD, PCVSD | 56.33
|
93.20
|
| 44 |
|
65.90
|
81.00
|
| 47 |
|
70.13
|
84.50
|
| 51 |
|
51.79
|
77.00
|
| 52 |
|
57.71
|
94.95
|
| 57 |
|
55.19
|
76.35
|
| 59 |
Berkey Village - Evergreen LSD
|
58.35
|
79.85
|
| 60 |
Spencer Twp - |
75.75
|
93.40
|
| 61 |
Spencer Twp - |
63.24
|
100.55
|
| 62 |
Spencer Twp - Swanton
LSD,
|
63.79
|
97.13
|
| 63 |
Spencer Twp - Evergreen
LSD
|
55.33
|
76.85
|
| 65 |
|
63.03
|
100.15
|
| 67 |
|
58.58 |
96.10
|
| 71 |
|
58.16
|
94.55
|
| 72 |
Swanton Twp - Swanton
LSD,
|
61.07
|
93.53
|
| 73 |
Swanton Twp - Swanton Village - Swanton LSD
|
63.98
|
96.53
|
74 |
Swanton Twp - Anthony Wayne LSD,
|
56.07
|
92.90
|
| 75 |
|
63.98
|
96.53
|
| 77 |
|
62.78
|
89.57
|
| 78-79 |
|
72.56
|
116.02
|
| 80 |
|
73.86
|
117.32
|
82 |
67.97
|
109.12
|
|
| 83-84 |
|
73.12
|
112.05
|
| 88 |
Ottawa Hills Village - Ottawa
Hills LSD
|
98.64
|
150.75
|
| 89 |
|
62.34
|
99.60
|
| 90 |
|
74.68 |
91.50
|
| 91 |
|
60.30
|
98.50
|
93 |
60.30
|
98.50
|
|
| 96 |
|
57.33
|
94.20
|
97
|
Whitehouse Village - Swanton Twp - Anthony Wayne LSD, PCVSD
|
56.07
|
92.90
|
| 98 |
|
54.91
|
91.70
|
Source: Tax Rate Sheets by County - Payable in 2008
|
|
Business Incentive Tax Credits
Program Description
Rate/Terms
Benefits
Eligibility
Ohio Job Creation Tax Credit
Provides corporate franchise or state income tax credit for businesses that expand or locate in Ohio. The program will provide a tax credit against the Commercial Activity Tax (CAT) beginning on July 1, 2008. Insurance companies that pay the annual franchise tax are eligible for the tax credit beginning July 1, 2005.Ohio Tax Credit Authority determines eligibility and terms
Business must demonstrate to the Authority that the tax credit is a major factor in its decision to go forward with the project
Local community must also provide financial support for the projectRefundable state franchise or income tax credits that minimize expenditures to encourage business expansion and/or location projects in Ohio.The tax credit will apply against the corporate franchise tax through 6/30/08, and transfer to cover the Commercial Activity Tax (CAT) liabilities for tax period beginning July 1, 2008. The program will continue to be refundable.
Businesses that create at least 25 net new full-time positions at a facility in Ohio and pay a minimum of 150% of federal minimum wage
In special circumstances, a company could create as few as 10 new full-time positions paying at least 400% of the federal minimum wage
Program Description
Rate/Terms
Benefits
Eligibility
Ohio Job Retention Tax Credit
Provides corporate franchise or state income tax credit for businesses that commit to retain a significant number of full-time jobs. Program will provide a tax credit against the Commercial Activity Tax (CAT) beginning on July 1, 2008.Ohio Tax Credit Authority determines eligibility and terms
Credits awarded to companies that are engaged at the project site primarily as a manufacturer or providing significant corporate administrative functions and can demonstrate the tax credit is a major factor in its decision to retain jobs in Ohio
Local community must also provide financial support for the project.Nonrefundable corporate franchise or state income tax credits for corporations, partnerships, limited liability companies and other pass-through entities to minimize the costs of maintaining an operation in the state. The tax credit will transfer to cover the Commercial Activity Tax (CAT) liabilities for tax period beginning July 1, 2008. The program will continue to be non-refundable.
Businesses that currently employ at least 1,000 full-time employees and make a capital asset investment of at least $200 million
In special circumstances, a company could invest at least $100 million if the retained positions pay, and will continue to pay, at least 400% of the federal minimum wage.
Program Description
Rate/Terms
Benefits
Eligibility
Ohio Research and Development Investment Tax Credit
Provides a nonrefundable tax credit against the corporate franchise tax and is designed to encourage Ohio’s corporations to invest in increased research and development activities.The credit equals 7% of the excess amount of Qualified Research Expenses.
Nonrefundable tax credit.
The tax credit currently is applied against a company’s corporate franchise tax. The tax credit will transfer to cover the Commercial Activity Tax (CAT) for corporations after tax year 2008.
Any excess credit not used in the taxable year in which it is earned by be carried forward for up to 7 years.Only those taxpayers subject to the franchise tax provision or those subject to division (G)(2) of section 5733.01 under CAT tax are eligible for the credit.
Taxpayer must invest in “Qualified Research Expenses”, defined within Section 41 of the Internal Revenue Code and includes both in-house research expenses (wages and supplies) and contract research expenses.
New investment in a taxable year must exceed business' annual average investment in Qualifying Research Expenses for the tree previous taxable years.
Program Description
Rate/Terms
Benefits
Eligibility
Training Tax Credit
Provides tax credits for employers that train existing employees who are at risk of losing their jobs primarily due to skill deficiencies.$20 million in credits available annually with no single business receiving more than $100,000 per year
Tax credit available in tax year 2004, 2005, and 2006.Nonrefundable tax credits to help businesses offset costs of training incumbent workers and improving the business' competitive position
Businesses must conduct an eligible training program to correct identified skill deficiencies in its existing workforce
Training for management personnel is generally prohibited
Program Description
Rate/Terms
Benefits
Eligibility
Ohio Manufacturing Machinery & Equipment Grant/Ohio Manufacturing Machinery & Equipment Investment Tax Credit
Provides a nonrefundable corporate franchise or state income tax credit for manufacturer located in Ohio that purchases qualified new or retooled machinery and equipment that is used in manufacturing.
As of July 1, 2005, the M&E Equipment Grant replaced the M&E Investment Tax Credit as the mechanism for companies to take the incentive. The M&E Equipment Investment Grant Program incentive values are calculated in the same manner at the M&E Investment Tax Credit, and therefore the annual incentive amounts previously calculated through the tax credit program will apply to the grant program. The M&E Equipment Grant program will require companies /individuals intending on taking the incentive (again – the same amounts as the annual values calculated through the M&E Investment Tax Credit program on the Notice of Intents) must file a grant request form with their tax return.Manufacturer receives a 7.5% tax credit on the excess investment, credit of 13.5% is available in "priority investment areas"
Total value of credit is divided equally over 7 years and manufacturer is permitted to carry forward any unused credit for up to 3 years
Purchases must be made by June 30, 2005 and installation must occur before June 30, 2006.
Credit exceeding $1 million must meet special requirements
Notice of Intents must still be filed with ODOD for investment made in calendar years 1995 through 6/30/05. A company’s deadline to file a Notice of Intent for any investment year is determined by the required filing date of its tax return (see the M&E Investment Credit website under “Notice of Intent Due Dates” for the deadlines).
Substantial state franchise or income tax reductions which minimize capital expenditures to encourage business expansions and locations in Ohio
For state franchise tax filers, the incentive is applicable to the corporate franchise tax credit during the tax’s phase out period. After the tax is eliminated, the incentive is eliminated.
For state income tax filers, the incentive can be taken against the state income tax until the term of the incentive is completed.Corporations, partnerships, limited liability companies or proprietorships
New investment must exceed business' annual average county investment in machinery and equipment determined by the filing year
Machinery and equipment must be new to Ohio Retooling qualifies if costs are capitalized for federal tax depreciation purposesProgram Description
Rate/Terms
Benefits
Eligibility
Technology Investment Tax Credit
Offers a variety of benefits to Ohio taxpayers who invest in small, research and development and technology-oriented forms.Provides a tax credit for taxpayers that invest in small, Ohio-based technology companies. The amount of the tax credit is 25% (or 30% in some limited cases) of the amount invested by the taxpayer. The maximum investment to which this credit may be applied is $250,000 (or $300,000). The credit may be claimed against personal income tax, corporate franchise tax, public utility excise tax or the dealers in intangibles tax.
To be eligible, the company must have its principal place of business located in Ohio and must also have less than $2.5 million in revenue or less than $2.5 million in net assets for the most recently completed fiscal year. Finally, the entity must be engaged in a business that primarily involves R&D and/or technology transfer.
Investors may reduce their state taxes by up to 25% of amount invested
Businesses primarily focused on research and development, technology
transfer, or the application of a new technology Business must have gross revenues less than $1 million, or net book value of less than $1 million, at the end of most recent fiscal year
Principal place of business and 1/2 of its gross assets and employees must be in Ohio Business must have received less than $1 million in investments that have qualified for the tax credit
Program Description
Rate/Terms
Benefits
Eligibility
Research and Development Sales Tax Exemption
Provides an exemption from the usual state and county sales tax for companies that purchase equipment for research and development activities. Vendor needs a blanket exemption certificate, available on-line at the Department of Taxation’s website (http://tax.ohio.gov/)
under Business, Tax Forms.Exempts business from entire state and county sales tax for purchases of machinery and equipment used primarily for research and development
Provides significant tax savings for companies undertaking research and development activities in Ohio
Includes research and development activity in both direct and pure research
Direct research refers to research conducted to design, create or formulate new or better products, equipment or processes
Pure research refers to scientific or technological inquiry and experimentation in the physical sciences
Program Description
Rate/Terms
Benefits
Eligibility
Manufacturing Machinery & Equipment Sales Tax Exemption
Provides an exemption from state and county sales tax for companies that purchase machinery and equipment for manufacturing activities. Vendor needs a blanket exemption certificate, available on-line at the Department of Taxation’s website (http://tax.ohio.gov/) under Business, Tax FormsExempts business from entire state and county sales tax for purchases of machinery and equipment used primarily for manufacturing
Provides significant tax savings for companies and individuals that are involved in manufacturing in Ohio
Includes machinery, equipment, supplies and fuel used primarily in a manufacturing operation to produce tangible personal property for sales
Program Description
Rate/Terms
Benefits
Eligibility
Warehouse Machinery & Equipment Sales Tax Exemption
Provides an exemption from state and county sales tax for companies that purchase eligible warehousing equipment. Vendor needs a blanket exemption certificate, available on-line at the Department of Taxation’s website (http://tax.ohio.gov/) under Business, Tax FormsExempts business from entire state and county sales tax for purchases of eligible machinery and equipment
Provides significant tax savings for companies purchasing machinery and equipment for warehousing, distribution and direct marketing activities
Includes machinery and equipment used primarily (51%) in storing, transporting, mailing or handling inventory in a warehouse, distribution center or similar facility if the inventory handled by the facility is primarily distributed outside Ohio to retail stores owned by the business or affiliated group that owns the Ohio facility or distributed by means of direct marketing
Program Description
Rate/Terms
Benefits
Eligibility
Warehouse Inventory Tax Exemption
Provides an exemption from the personal property tax on qualifying inventory. Claimed as part of the Personal Property Tax return.Current rate is 0%
Significant tax savings for companies that have substantial amounts of inventory
This exemption will only be applicable as long as there is tangible personal property tax is assessed on inventory. Once the personal property tax is eliminated, the exemption is eliminated.Inventory brought into Ohio from out of state, held for storage only with no further processing and then distributed back outside of the state, will be subject to a reduced personal tangible property assessment rate “Held for Storage Only" is a specific standard of eligibility that may preclude the value of some inventory being shipped directly to customers from qualifying for the reduced assessment rate
Program Description
Rate/Terms
Benefits
Eligibility
Enterprise Zones
Provides real and personal property tax incentives for businesses that expand or locate in Ohio. In order to apply, the municipality or county must apply to the State Development Director for certification. To secure benefits, non-retail businesses must apply to the local community for local property tax exemptions and to the State Development Director for state franchise or state income tax incentives.Up to 75% exemption in incorporated areas and up to 60% exemption in unincorporated areas on real property improvements or tangible personal property tax valuation for up to 10 years
Local school board approval is required to exceed these rate and/or term limitsSubstantial tax reductions on new real and/or personal property investment
Reductions apply to the increase in assessed value for real property and items first-used by the business in Ohio for personal property
Note that: 1) manufacturing machinery and equipment new to the state purchased after 1/1/05 will not be taxed and 2) once personal property tax is phased out, the personal property tax incentive will no longer be applicable.Industrial projects (retail/service projects are eligible in limited areas)
Business must finalize agreement to retain or create employment; establish expand, renovate or occupy a facility in an Enterprise Zone; and invest in new real and/or personal property prior to project initiation
Program Description
Rate/Terms
Benefits
Eligibility
Ohio Historic Preservation Tax Credit
Provides a refundable tax credit to the owner of a historic building. The credit is based upon expenses paid by the owner to rehabilitate the historic building.The credit is equal to 25% of the qualified rehabilitation expenditures paid to rehabilitate the historic building. The refundable tax credit can be claimed against the building owner's individual income tax, corporate franchise tax, or dealers-in-intangibles tax liability. Only building owners that are subject to any of the taxes against which the credit can be applied are eligible for the credit. An application for the credit must be submitted to the e Ohio Historic Preservation Officer and to the Director of the Ohio Department of Development. Not more than 100 applications can be approved per year of a two-year period that begins on July 1, 2007. Program Description
Rate/Terms
Benefits
Eligibility
Community Reinvestment Areas
Provides local real-property tax incentives for residents and businesses that invest in designated areas of Ohio. In order to apply, the municipality or county must apply to the State Development Director for confirmation. Investors meeting the local criteria must apply to the municipality or county for the real property tax exemption.Up to 100% exemption of the improved real property tax valuation for up to 15 years depending on the project
Local legislative authority establishes rates and terms
In some instances, local school board approval may be requiredSubstantial real estate property tax reduction for new real property
Real property investment incentives are available for residential, commercial, and/or industrial projects involving remodeling or new construction
Commercial and industrial projects must have an agreement in place prior to investment
Local legislative authority establishes project eligibility
Municipal Income Tax
Municipalities may levy income taxes in Ohio and are levied at the flat rate.
Most municipalities require voter approval to increase the rate. Business
income is apportioned using a three-factor formula including property, payroll
and sales factors. This tax applies only if the business facility is located
within a municipality levying a local income tax. Local taxes range from
2.25% to 1.5%.
|
Municipality |
Rate |
|
Municipality |
Rate |
|
|
2.25% |
|
Perrysburg |
1.5% |
|
|
1.5% |
|
Rossford |
2.25% |
|
Northwood |
1.5% |
|
|
1.5% |
|
|
2.25% |
|
|
2.25% |
|
Ottawa
Hills |
1.5% |
|
|
2.0% |
|
|
|
|
Whitehouse |
1.5% |
Source: Individual Community Tax Offices
Sales and Use Tax
The
retail sales tax applies to retail sales of tangible property in Ohio (unless
specifically exempted) and to property purchased outside Ohio for use in Ohio.
The state rate is 5.5 percent. Counties and regional transit authorities may
levy an additional tax, which is collected along with the state tax. The total
rate in Lucas County is 6.75%, in Wood County 6.5% and in Fulton County 6.5%.
Machinery and inventory for a manufacturing facility are exempt from sales
and use tax in Ohio. Several of the exemptions from the sales and use tax
can be of great benefit to a manufacturing firm establishing a business in
Ohio.
Sales tax exemptions include:
• Tangible personal property used in pollution control facilities
• Raw materials used in the production of articles for sale
• Materials used primarily in the production of tangible personal property
• Material handling equipment when used to move property during the production process
• Machinery and equipment used primarily in qualified research and development
• Utilities, such as natural gas, electricity, water and telephone servicesGenerally, the tax would apply to items used in storing, handling and sorting raw materials before manufacturing begins; building materials; office equipment and furniture; and equipment used in transporting or storing finished products.
Unemployment Compensation
In Ohio, unemployment
compensation calculations are based on the experience
of the individual employer. However, employers who are new to the state
will need two years to develop an experience rating. The rate is then
applied to the first $9,000 of each employee’s annual wages
and paid quarterly. Non-experienced rated employers are required
to use an average contribution rate for their industry. The present
rate for the service industry is 3%. The current manufacturing industry
rate is 3.3%.
Workers' Compensation
The Ohio workers’ compensation program was established to compensate employees
who sustain injuries “within the course of employment” using premiums
paid by employers into a state insurance fund. These injuries are compensated
without regard to negligence on the part of the employer as long as they “arise
out of” employment. The employer with low risk job classifications and
a positive safety program will benefit from lower workers’ compensation
rates.
Ohio Workers Compensation Law, description, rates, other information
Ohio Web Site - Ohio Workers Compensation
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