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This website publishes administrative rules on their effective dates, as designated by the adopting state agencies, colleges, and universities.

Chapter 5703-1 | General Provisions

 
 
 
Rule
Rule 5703-1-01 | Information exchange with other states.
 

Under authority of section 5703.40 of the Revised Code, it is hereby ordered that all divisions of this department may exchange any or all data or other information which this department may have before it, other than that secured from the federal government or from some other state, with state departments of any other state of the United States which administer the tax laws of such state under the following circumstances and conditions:

A reciprocal agreement with the tax administering authority of each other state will provide for the mutual exchange of information with such other state;

A record of such information so exchanged will be maintained by the division of this department concerned with such exchange, either sending or receiving such information, for a period of four years from the date of exchange;

Such information received from another state is treated as confidential pursuant to the reciprocal agreement that exists between such other state and the state of Ohio.

Last updated October 27, 2023 at 8:39 AM

Supplemental Information

Authorized By: 5703.05
Amplifies: 5703.40
Five Year Review Date: 10/27/2028
Rule 5703-1-03 | Information exchange with federal government.
 

Pursuant to the provisions of section 5703.40 of the Revised Code, the department of taxation under the jurisdiction of the tax commissioner may exchange, as authorized by law, information with the federal government and its instrumentalities.

Last updated September 9, 2024 at 3:06 PM

Supplemental Information

Authorized By: 5703.05
Amplifies: 5703.40
Five Year Review Date: 8/14/2029
Rule 5703-1-04 | Existing rules and regulations.
 

All existing rules, regulations, information releases, bulletins, directives and orders of the tax commissioner, with respect to all taxes and assessments administered and supervised by the commissioner, remain in full force and effect until modified, amended or rescinded in accordance with the law.

Last updated October 27, 2023 at 8:40 AM

Supplemental Information

Authorized By: 5703.05
Amplifies: 5703.05
Five Year Review Date: 12/28/2026
Prior Effective Dates: 12/2/2016
Rule 5703-1-05 | Certification of payment of taxes for purposes of dissolution of corporate charter or surrender of license.
 

(A) Domestic corporations, foreign corporations, and those nonprofit corporations organized pursuant to Chapter 1729. of the Revised Code, or organized or operating in a manner similar to that authorized by Chapter 1729. of the Revised Code pursuant to the law of another state or country, which desire to dissolve their charter or surrender their license to transact business in this state must furnish the secretary of state with the receipts, certificates, or other evidence enumerated in division (H) of section 1701.86, division (G) of section 1702.47, division (C) or (D) of section 1703.17, or division (H) or section 1729.55 of the Revised Code.

(B) In the case of an organized-for-profit domestic corporation filing for a certificate of dissolution or merging, consolidating, or converting into a surviving or new entity that is not a foreign or domestic corporation that is licensed to transact business in Ohio, prior to filing for dissolution, merger, consolidation, or conversion with the secretary of state, the corporation must:

(1) Obtain from the department of taxation a certificate of tax clearance showing that all taxes imposed under the laws of this state that are or will be due from the corporation on the date of such filing have been paid; or

(2) Obtain a certificate or other evidence indicating that the department of taxation has received an adequate guarantee for the payment of all taxes administered and collected by the commissioner that are or will be due on the date of such filing.

(C) In the case of an organized not-for-profit domestic corporation filing for a certificate of dissolution or merging, consolidating, or converting into a surviving or new entity that is not a foreign or domestic corporation that is licensed to transact business in Ohio, prior to filing for dissolution, merger, consolidation, or conversion with the secretary of state, the corporation must:

(1) Obtain from the department of taxation a certificate of tax clearance showing that all taxes imposed under the laws of this state that are or will be due from the corporation on the date of such filing have been paid or that such payment has been adequately guaranteed; or

(2) Notify the department of taxation in writing of the scheduled effective date of dissolution, merger, consolidation, or conversion and acknowledge in writing the applicability of section 1702.55 of the Revised Code.

(D) In the case of an organized-for-profit or not-for-profit foreign corporation licensed to transact business in Ohio filing for a certificate of dissolution or merging, consolidating, or converting into a surviving or new entity that is not a foreign or domestic corporation that is licensed to transact business in Ohio, prior to filing for dissolution, merger, consolidation, or conversion with the secretary of state, the foreign corporation must:

(1) Obtain from the department of taxation a certificate of tax clearance showing that all franchise, sales, use, and highway use taxes accruing up to the date of such filing have been paid or that such payment has been adequately guaranteed; or

(2) Notify the department of taxation in writing of the scheduled date of filing the certificate of surrender, merger, consolidation, or conversion and acknowledge in writing that such filing does not relieve the foreign corporation of liability, if any, for payment of all franchise, sales, use, and highway use taxes accruing up to the date of filing.

(E) In the case of a cooperative association organized pursuant to Chapter 1729. of the Revised Code or organized or operating in a manner similar to that authorized by Chapter 1729. of the Revised Code pursuant to the law of another state or country licensed to transact business in Ohio, prior to filing a certificate of dissolution with the secretary of state, the association must:

(1) Obtain from the department of taxation a certificate of tax clearance showing that all franchise, sales, use, and highway use taxes accruing up to the date of such filing have been paid or that such payment has been adequately guaranteed; or

(2) Notify the department of taxation in writing of the scheduled date of filing of the certificate of dissolution and acknowledge in writing the applicability of section 1729.25 of the Revised Code.

(F) Form no. D-5, "Notification of Dissolution or Surrender," is prescribed by the tax commissioner for the purpose of obtaining a certificate of tax clearance indicating that the taxes administered by the tax commissioner have been paid or an adequate guarantee that such taxes will be paid has been received by the department, and to satisfy paragraphs (C)(2), (D)(2), and (E)(2) of this rule. Corporations desiring to file a certificate of dissolution, merger, consolidation, or conversion, as described in this rule, should submit a completed form no. D-5 to the department of taxation at least thirty days prior to such filing. To avoid delay in receiving a certificate of tax clearance, any delinquent tax returns or reports should accompany the form no. D-5 together with a certified check or money order in payment for each of the taxes due thereon. Failure to initially submit all necessary information, tax returns, and/or payments may result in tax audits and will delay issuance of the desired certificate.

(G) For the purpose of guaranteeing the payment of any taxes which may be due, either a cash bond or surety bond issued by a bonding agency licensed to do business in Ohio may be posted with the commissioner by the applicant. The commissioner will determine the amount. Such bond remains in force until all taxes have been paid, whereupon the commissioner will provide written notice to that effect.

(H) Upon determining that all taxes have been paid or adequately guaranteed, the commissioner will issue a certificate of tax clearance to the applicant. Failure to pay or adequately guarantee any of these taxes will prevent issuance of this certificate.

(I) It is the responsibility of the applicant to obtain a personal property tax release certificate from the treasurer of each county in which the applicant had taxable personal property. It is the responsibility of the county officials to determine that all personal property taxes have been paid.

(J) Form no. D-5, "Notification of Dissolution or Surrender," revised May 2021 and located on the department's website, is incorporated in this rule by reference.

Last updated October 27, 2023 at 8:40 AM

Supplemental Information

Authorized By: 5703.05
Amplifies: 1706.712, 1706.722, 1776.70, 1776.74, 1782.433, 1782.4310, 1701.86, 1702.47, 1703.17, 1729.55, 1701.81, 1701.811, 1701.79, 1702.43, 1702.462, 1729.27, 1776.70, 1776.74
Five Year Review Date: 10/27/2028
Prior Effective Dates: 12/31/1975, 5/13/2018
Rule 5703-1-06 | Certification of exempt facilities under sections 5709.20 to 5709.27 of the Revised Code.
 

Pursuant to division (B) of section 5709.21 of the Revised Code, the tax commissioner hereby prescribes the manner and form of applying for the certification of exempt facilities under sections 5709.20 to 5709.27 of the Revised Code.

(A) Application for certification of an exempt facility as defined in division (E) of section 5709.20 of the Revised Code shall:

(1) Be made by the person owning the facility at the time of application;

(2) Contain plans and specifications of the property, including all materials incorporated or to be incorporated into the property and the associated costs of the materials, and a descriptive list of all equipment acquired or to be acquired by the applicant for the exempt facility and the associated costs of the equipment;

(3) Include details of how the applicant determined the cost of any auxiliary property under section 5709.21 of the Revised Code;

(4) Be accompanied by the nonrefundable fee prescribed by section 5709.212 of the Revised Code. Section 5709.212 of the Revised Code provides that until such fee is paid, the application is not complete, and the applicant is not entitled to any tax exemption under section 5709.25 of the Revised Code.

An exemption will be allowed only for those exempt facility costs covered by the fee paid. If the exempt facility costs exceed those covered by the fee paid, a certificate will not be issued for the excess amount until the additional fee is paid.

An application is filed when a properly completed application is received by the commissioner. An application is not properly completed until all necessary fees, documents, and information are received. The commissioner will provide the applicant at least thirty days after a request is sent to complete the application. Thereafter, the commissioner may deny issuing a certificate because the application is not properly completed. A final determination reflecting such denial may be issued without obtaining the opinion of the director of environmental protection or the director of development. The final determination is subject to appeal under section 5717.02 of the Revised Code. Once the denial becomes final, the applicant may file a new application if the applicant still wants a certificate to be issued.

An applicant generally needs to file a separate application for each location where the owner has facilities for which certification is sought and for every county where a facility is located. However, under authority of division (D) of section 5709.21 of the Revised Code, the commissioner may allow an applicant to file one application that applies to multiple facilities in the same county if the facilities are the same or substantially similar. In addition, a single application, listing each owner and its percentage of ownership, shall be filed for a jointly owned facility; if at any time before or after issuance of an exempt facility certificate the percentages of ownership change, the joint owners will notify the commissioner in writing of the change.

(B) As soon as is practicable after receipt of a properly completed application, the commissioner will provide a copy of the application and any accompanying documentation to the county auditor of the county in which the facility is located.

(C) The commissioner will provide a copy of a properly completed application to either the director of environmental protection or the director of development, as appropriate, to obtain the director's opinion concerning the facility. After obtaining the director's opinion and considering any additional information requested, the commissioner will ascertain if a certificate should be issued in whole or in part or denied.

The commissioner will give written notice of the proposed finding to the applicant and the appropriate county auditor. If the applicant or the county auditor desires a reconsideration of the proposed finding, either person may file a written request for reconsideration with the commissioner within sixty days after the notice was sent. Either person may include a request that the commissioner conduct a hearing on the application.

If a hearing has been requested, the commissioner will schedule a hearing and give notice thereof to the applicant, the county auditor, and the appropriate director. After the hearing, the commissioner will issue a final determination on the application and serve copies of the final determination on the applicant and the appropriate county auditor. The final determination is subject to appeal under section 5717.02 of the Revised Code.

After conclusion of the above proceedings, including exhaustion of any appeal, the commissioner will issue, if applicable, an exempt facility certificate, which will include an exempt facility certificate number. The number is used on all tax returns, all sales tax exemption certificates, and all other forms and correspondence pertaining to the facility.

(D) For purposes of audit and examination by employees of the tax commissioner, the taxpayer shall identify separately the exempted portion of a facility on the taxpayer's books and records.

(E) Upon the commissioner's own motion or upon receiving a complaint, the commissioner may, at the commissioner's discretion, after giving notice and the opportunity for a hearing to a certificate holder, revoke or modify such certificate in accordance with division (C) of section 5709.22 of the Revised Code.

(F) New applications for the addition, enlargement, expansion, or replacement of property at a previously certified exempt facility, filed udner division (E) of section 5709.25 of the Revised Code, are separately ascertained for each such facility. If the exempt facility is a jointly owned facility, the new application is based on the aggregate costs of all the joint owners of the facility.

The new application shall be accompanied by the nonrefundable fee prescribed for applications filed under division (E) of section 5709.25 of the Revised Code. Section 5709.212 of the Revised Code provides that until the fee is paid, the application is not complete, and the applicant is not entitled to any tax exemption under section 5709.25 of the Revised Code. A certificate will not be issued for the addition, enlargement, expansion, or replacement until the fee is paid.

(G) In the event of the transfer of an exempt facility certificate as provided by section 5709.27 of the Revised Code, the transferee shall promptly provide:

(1) Written notice of the transfer to the commissioner and to the county auditor of the county in which the facility is located, specifying the effective date of the transfer; and

(2) A copy of the instrument of transfer and a copy of the certificate transferred.

(H) As used in section 5709.21 of the Revised Code, "the date of the construction of the facility" means the date on which actual installation or construction of the facility, as set forth by the plans and specifications, is begun, which will result in the completed and operational facility.

Last updated October 27, 2023 at 8:40 AM

Supplemental Information

Authorized By: 5703.05
Amplifies: 5709.20, 5709.21, 5709.22, 5709.24, 5709.25, 5709.26, 5709.27
Five Year Review Date: 3/21/2027
Rule 5703-1-07 | Request to suspend or revoke liquor permit for unpaid excise tax.
 

(A) As used in this rule:

(1) "Excise tax" means any excise tax, fee, or charge administered by the tax commissioner, including any applicable interest, penalty, or additional charge for failure to timely report or pay such tax, fee, or charge.

(2) "Final tax liability" means the liability for a tax that is no longer on appeal or subject to appeal to the board of tax appeals or a subsequent court.

(B) Pursuant to section 4301.25 of the Revised Code, the tax commissioner may request the liquor control commission to suspend or revoke a permit issued under Chapter 4301. or 4303. of the Revised Code if the holder of the permit has a final tax liability for unpaid excise tax.

(C) This rule is not intended, in any manner, to limit the authority of the tax commissioner in performing the functions conferred upon the commissioner by division (B) of section 4303.26 and division (D) of section 4303.271 of the Revised Code.

Last updated November 15, 2023 at 2:06 PM

Supplemental Information

Authorized By: 5703.05
Amplifies: 4301.25
Five Year Review Date: 10/23/2028
Prior Effective Dates: 6/28/2004
Rule 5703-1-12 | Requests for an opinion of the tax commissioner.
 

As used in this rule, "opinion" means an opinion of the tax commissioner as provided for in section 5703.53 of the Revised Code.

(A) A taxpayer requesting an opinion must:

(1) Submit the request in writing;

(2) Request an "opinion of the tax commissioner";

(3) State all facts of the activity or transaction for which the opinion is requested;

(4) Identify the parties involved in the activity or transaction about which the opinion is requested;

(5) Set out the specific legal question or questions for which the opinion is requested; and

(6)

(a) Be signed by the taxpayer or, if the taxpayer is a corporation, by an officer or employee of the corporation authorized to act on its behalf; or

(b) Be signed by the taxpayer's tax representative if the taxpayer has filed in writing, signed by the taxpayer or, if the taxpayer is a corporation, by an officer or employee of the corporation authorized to act on its behalf, authorization for the tax representative to request such an opinion on behalf of the taxpayer and to answer questions on behalf of the taxpayer for purposes of the request.

(7) If a request is made for an opinion to be confidential, support any request for the opinion to be confidential with a valid reason therefore (e.g. publication of a redacted opinion would still identify the taxpayer or a trade secret of the taxpayer).

(B) Any correspondence that does not meet all of the criteria in paragraph (A) of this rule is general correspondence. A response to general correspondence is not an opinion.

(C) The commissioner may request additional documentation or memoranda in support of a request for an opinion as she or he deems necessary.

(D) The commissioner has the discretion to decline to issue a requested opinion.

(E) An opinion will bear an opinion number and be headed "Opinion of the Tax Commissioner." Any document that does not bear an opinion number and heading is not an opinion.

(F) Any taxpayer who receives an opinion may rely on that opinion. The commissioner will follow that opinion in determining the tax liability of that taxpayer from the date of the issuance of the opinion until any of the following events occurs:

(1) The opinion is specifically revoked in writing and sent to the taxpayer. The effective date of a revocation will be the date it is received by the taxpayer or one year after the issuance of the opinion, whichever is later;

(2) The effective date of any rule of the commissioner inconsistent with the opinion;

(3) The effective date of any state or federal statutory amendment or federal rule change that renders the opinion inconsistent with the laws of the state of Ohio or the United States;

(4) The date of any decision concerning the laws of the state of Ohio or the United States by a state or federal court or by the Ohio board of tax appeals that renders the opinion inconsistent with the decision;

(5) Any change in the taxpayer's material facts on which the opinion was based; or

(6) The expiration date of the opinion, if specified in the opinion.

(G) An opinion does not bind the commissioner as to the treatment of any transaction or tax liability arising prior to the issuance of the opinion.

(H) An opinion binds the commissioner only with respect to the taxpayer for whom the opinion was issued.

Last updated October 27, 2023 at 8:41 AM

Supplemental Information

Authorized By: 5703.05
Amplifies: 5703.53
Five Year Review Date: 10/27/2028
Prior Effective Dates: 9/11/2017
Rule 5703-1-13 | Authorized delivery services.
 

(A) Pursuant to section 5703.056 of the Revised Code, a delivery service company can request to have a delivery service authorized for use to deliver tax payments or tax documents to the tax commissioner, treasurer of state, or the board of tax appeals. "Delivery service" means a specific delivery product offered by a delivery service company and does not constitute all of the delivery products offered by that delivery service company. A delivery service must meet all of the following criteria:

(1) The delivery service is available to the general public;

(2) The delivery service is at least as timely and reliable on a regular basis as the United States postal service;

(3) The delivery service company records electronically to a database kept in the regular course of its business, and marks on the cover in which the payment or document is enclosed, the date on which the payment or document was given to the delivery service company for delivery; and

(4) The delivery service company records electronically to a database kept in the regular course of its business the date on which the payment or document was given by the delivery service company to the person who signed the receipt of delivery and the name of the person who signed the receipt.

(B) If the delivery service meets the criteria listed in paragraph (A) of this rule, the delivery service company seeking to have a delivery service approved by the commissioner will fill out an application and return it to the department of taxation. Upon verifying the information on the application, the commissioner will journalize the decision to deny or accept the delivery service. Such journal entry will be kept in the administrative journal entry volume. A copy of the journal entry will be mailed to the delivery service company, the treasurer of state, and the board of tax appeals. The denial of a delivery service is subject to the same procedures as set forth in paragraph (C) of this rule.

(C) If the delivery service no longer meets the above criteria, the delivery service company shall notify the commissioner that the delivery service no longer meets the criteria listed in paragraph (A) of this rule. The commissioner may also revoke the use of the delivery service if the commissioner finds that the delivery service no longer meets the above criteria. The commissioner will send by certified mail a notice to the delivery service company whose delivery service the commissioner intends to revoke. That person will have ten days from the receipt of the commissioner's notice to contest the revocation by requesting a hearing. The hearing will be held within ten days of the commissioner's receipt of the request. The commissioner's determination on the revocation is final and is not subject to further administrative review or appeal. The removal of the product from the list of authorized delivery services will be reflected in a journal entry kept in the administrative journal entry volume. A copy of the journal entry will be mailed to the delivery service company, the treasurer of state, and the board of tax appeals.

(D) If a delivery service is revoked from the list of authorized delivery service products by the commissioner, such person providing the delivery service is not allowed to reapply for authorization of that delivery service for a period of one year.

(E) The effective date of the revocation of a delivery service is sixty days from the date of the journal entry issued pursuant to paragraph (C) of this rule.

(F) The Ohio department of taxation will publish a list of authorized delivery service products and any delivery service products that have been revoked on its web page. Such list will also be available from the Ohio department of taxation's office of chief counsel.

Last updated October 27, 2023 at 8:41 AM

Supplemental Information

Authorized By: 5703.05
Amplifies: 5703.056
Five Year Review Date: 10/27/2028
Prior Effective Dates: 3/29/2001
Rule 5703-1-14 | Succession of the tax commissioner's duties.
 

(A) As used in this rule and as used in division (I) of section 5703.05 of the Revised Code:

(1) "Absence" means a period of time declared in writing as such by the commissioner during which the commissioner is away from the office of commissioner and the commissioner ascertains the duties and functions of the commissioner cannot be adequately performed by the commissioner. "Absence" does not include a "vacancy in the office of commissioner."

(2) "Disability" means a medically determinable physical or mental impairment which can reasonably be expected to result in death or to be of long-continued and indefinite duration and which has been declared as such by a licensed medical professional.

(3) "Recusal" means the act of disqualifying oneself or withdrawing oneself from performing a duty or function as commissioner.

(4) "Vacancy in the office of commissioner" means that the commissioner has died, has formally resigned, or has been formally terminated from the position of commissioner and that a new commissioner has not been appointed by the governor on either an interim or permanent basis. "Vacancy in the office of commissioner" does not include an "absence."

(5) "Act as commissioner" means performing the powers, duties and functions of the commissioner and exercising the privileges and immunities of the commissioner including, but not limited to, the powers, duties, functions, privileges, and immunities of the commissioner described in Chapter 5703. of the Revised Code.

(6) "Familial relationship" means a relationship in which the commissioner is a spouse, sibling, natural or adoptive parent, or natural or adoptive child of a taxpayer or of a taxpayer's representative.

(7) "Designated deputy" means the deputy commissioner or deputy commissioners designated to act as commissioner by the commissioner pursuant to division (I) of section 5703.05 of the Revised Code and pursuant to paragraph (B) of this rule.

(B) If the commissioner designates not more than two deputy commissioners to act as commissioner pursuant to division (I) of section 5703.05 of the Revised Code, such designation will be accomplished by journal entry. In the event that more than one deputy commissioner is designated, the journal entry will prescribe the order of precedence between the two deputy commissioners. The commissioner may vacate such journal entry at any time. In the event that the commissioner vacates such journal entry, the commissioner may, by journal entry, designate a different deputy commissioner or deputy commissioners to act as commissioner pursuant to division (I) of section 5703.05 of the Revised Code.

(C) In the event of disability of the commissioner or vacancy in the office of commissioner, the designated deputy will act as commissioner and to assume the administration of such office. The designated deputy will act as commissioner only until, in the event of disability, the disability no longer exists, or, in the event of a vacancy in the office of commissioner, a new commissioner is appointed by the governor. Such actions are performed in the name of the designated deputy.

(D) In the event of a recusal of the commissioner, the designated deputy will act as commissioner and to assume the administration of such office only to the extent as is necessary for such designated deputy to resolve any matter over which the commissioner is or was not able to act as commissioner due to the recusal of the commissioner. Such actions are performed in the name of the designated deputy.

(E) In the event of absence of the commissioner, the designated deputy will act as commissioner and to assume the administration of such office only to the extent as is necessary for such designated deputy to resolve any matter over which the commissioner is or was not able to act as commissioner due to the absence of the commissioner. Such actions are made under the name of the tax commissioner and not the designated deputy.

(F) If the commissioner has a familial relationship with a taxpayer or a representative of a taxpayer such that acting as commissioner on a matter involving that taxpayer or representative would create a conflict of interest in violation of section 102.03 the Revised Code, the commissioner will recuse himself or herself from acting as commissioner with respect to that matter.

(G) When there has been a recusal by the tax commissioner on a matter, the actions of an employee with respect to that matter are performed under the authority of the designated deputy. In such cases, where it would normally be necessary for that employee to communicate with the commissioner, the employee will communicate with the designated deputy, and the designated deputy will act as commissioner with respect to that matter.

(H) This rule does not supercede the governor's authority to appoint a commissioner or to remove a commissioner as otherwise provided by law. Any designation made by the commissioner under paragraph (B) of this rule terminates when a new commissioner or a new governor is placed into office.

Last updated October 27, 2023 at 8:41 AM

Supplemental Information

Authorized By: 5703.05
Amplifies: 5703.01, 5703.04, 5703.05
Five Year Review Date: 10/27/2028
Prior Effective Dates: 3/29/2001
Rule 5703-1-15 | Electronic software providers; approval and suspension.
 

(A) As used in this rule:

(1) "IRS" means the internal revenue service.

(2) "IRS Publication 1345" or "IRS Publication 4163" means the version as of the most recent effective date of section 5701.11 of the Revised Code.

(3) "Authorized IRS e-file provider" has the same meaning as when that term is used in:

(a) IRS publication 1345 for individual tax returns, and

(b) IRS publication 4163 for entity tax returns.

(4) "Ohio electronic filing program" means the Ohio equivalent of the IRS e-file or modernized e-file programs outlined in:

(a) IRS publication 1345 for individual tax returns, and

(b) IRS publication 4163 for entity tax returns.

(5) "Applicant" means any person who is an authorized IRS e-file provider and who files an application with the tax commissioner to become an authorized provider for an Ohio electronic filing program.

(B)

(1) Pursuant to the authority in, and in fulfillment of the duties established under, sections 718.851, 5703.05, 5703.054, 5703.059 and 5747.082 of the Revised Code, the commissioner will annually publish the following for becoming an authorized provider for the Ohio electronic filing programs:

(a) An application;

(b) Approval guidelines, including the items listed in paragraph (C) of this rule;

(c) Ohio electronic filing program software tests; and

(d) Submission and approval deadlines for those items listed in paragraph (B)(2) of this rule.

(2) The commissioner may approve any applicant as an authorized provider for the Ohio electronic filing program if the applicant timely and substantially:

(a) Submits the completed application in adherence with the published approval guidelines;

(b) Provides evidence of approval as a registered vendor or accepted participant with the IRS; and

(c) Passes all Ohio electronic filing program software tests.

(C) After the commissioner approves an applicant as an authorized provider for the Ohio electronic filing program, the commissioner may rescind or suspend the provider's access to the Ohio electronic filing program for poor business practices, which include, but are not limited to, the following:

(1) The provider made a material misrepresentation during the application process.

(2) The provider fails to maintain compliance with this rule, or the published approval guidelines and software tests.

(3) The provider fails to timely and accurately:

(a) Transmit client and personal returns, or

(b) Pay client or personal tax liabilities.

(4) The provider is suspended or disbarred from practice before the IRS.

(5) The provider violates advertising standards, including those promulgated by the IRS.

(6) The provider violates any provision in Title LVII of the Revised Code relating to tax preparers.

(7) The provider demonstrates unethical practices in return preparation.

(8) The provider is convicted of any criminal offense, under either federal or Ohio law, that either:

(a) Relates to the preparation of taxes, or

(b) Involves an element of dishonesty, fraud, deceit, theft, misrepresentation, or breach of trust.

Last updated October 27, 2023 at 8:41 AM

Supplemental Information

Authorized By: 5703.05
Amplifies: 718.851, 5703.054, 5747.082, 5703.059
Five Year Review Date: 10/27/2028