Rule 5703-41-02 | Joint economic development zones and joint economic development districts.
(A) As used in this rule:
(1) "Agreement" means an agreement prescribed under division (H)(4) of section 715.691, division (F)(5) of section 715.70, division (G) of section 715.71, or division (F)(5)(c) of section 715.72 of the Revised Code, between the board of directors of a JEDD or JEDZ and a qualifying municipal corporation to administer, collect, and enforce the income tax on behalf of a JEDD or JEDZ.
(2) "Contract" means a contract creating a joint economic development district entered into under section 715.70, 715.71, or 715.72 of the Revised Code, or a contract creating a joint economic development zone entered into under section 715.691 of the Revised Code.
(3) "JEDD" means a joint economic development district that levies an income tax under section 715.70, 715.71, or 715.72 of the Revised Code.
(4) "JEDZ" means a joint economic development zone that levies an income tax under section 715.691 of the Revised Code.
(5) "Map of the JEDD or JEDZ" means a description of the area or areas included in the JEDD or JEDZ, including a map in sufficient detail to denote the specific boundaries of the area or areas, and the parcel number of any parcel located within the boundaries of the JEDD or JEDZ which is excluded from the JEDD or JEDZ.
(6) "Qualifying municipal corporation" is any municipal corporation other than a JEDD or JEDZ.
(7) "Tax collections" means any amount collected pursuant to sections 718.80 to 718.95 of the Revised Code and distributed under section 718.83 of the Revised Code.
(B) The board of directors of each JEDD and JEDZ shall provide to the tax commissioner all of the following:
(1) A copy of the signed contract and a map of the JEDD or JEDZ within thirty days of the effective date of the contract;
(2) A copy of any signed amendment to the contract within thirty days of the effective date of such amendment;
(3) Notice that a contract is renewed, terminated, or canceled, or if any change is made to the map of the JEDD or JEDZ, at least thirty days prior to the effective date of the renewal, termination, cancelation, or change; and
(4) Notice of which qualifying municipal corporation is charged with administering, collecting, and enforcing the municipal net profit tax on behalf of the JEDD or JEDZ, and a copy of the signed agreement, and any signed amendments to the agreement within thirty days of the effective date of the agreement or amendment, respectively.
(C) For each JEDD and JEDZ, the tax commissioner will distribute tax collections according to section 718.83 of the Revised Code to the qualifying municipal corporation identified by the board of directors of each JEDD or JEDZ as the qualifying municipal corporation charged with administering, collecting, and enforcing the municipal net profit tax under the agreement provided under paragraph (B)(4) of this rule. The qualifying municipal corporation receiving such distribution of tax collections on behalf of a JEDD or JEDZ shall distribute the tax collections in accordance with the applicable JEDD or JEDZ contract. The tax commissioner is not responsible for any delayed or errant distribution of tax collections under this paragraph if the board of directors of a JEDD or JEDZ fails to timely provide information prescribed by this rule.
(D) Nothing in this rule affects the exchange of information between the tax commissioner and municipal corporations under sections 718.80 to 718.95 of the Revised Code. Information provided by the commissioner to each JEDD and JEDZ will be provided to the persons identified under division (B)(4) of section 718.84 of the Revised Code.
(E) The board of directors of each JEDD and JEDZ shall provide information to the tax commissioner prescribed by this rule in accordance with guidance published by the commissioner on the Ohio department of taxation's website at http://www.tax.ohio.gov.
Last updated January 8, 2024 at 8:34 AM
Supplemental Information