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ST AR
Rev. 5/16
Instructions and Pertinent Law Sections
Please fully complete this application and submit documentation (D) Subject to division (E) of this section, an application for refund
supporting the refund with this application. For information on what shall be fi led with the tax commissioner on the form prescribed
documents must be supplied, see the Refund Checklists (STAR C) by the commissioner within four years from the date of the illegal
in the tax forms section at tax.ohio.gov. or erroneous payment of the tax, unless the vendor or consumer
waives the time limitation under division (A)(3) of R.C. section
To the extent that a refund is granted on this application, either in 5739.16. If the time limitation is waived, the refund application pe-
whole or in part, the Ohio Department of Taxation will calculate riod shall be extended for the same period as the waiver.
and include the appropriate amount of interest in the refund pay-
ment made to the applicant. The applicant should not include such (E) An application for refund shall be fi led in accordance with divi-
interest in the “total amount of the refund claimed.” sion (D) of this section unless a person is subject to an assess-
ment that is subject to the time limit of division (B) of R.C. section
Sales tax refunds are governed by Ohio Revised Code (R.C.) sec- 5703.58 for a tax not reported and paid between the four-year time
tion 5739.07, which provides in pertinent part as follows: limit described in division (D) of this section and the seven-year
limit described in division (B) of R.C. section 5703.58, in which
(A) When, pursuant to this chapter, a vendor has paid taxes to
case the person may fi le an application within six months after
the treasurer of state or the treasurer of state's agent, or to the
the date the assessment is issued. Any refund allowed under this
tax commissioner or the commissioner's agent, the commissioner
division shall not exceed the amount of the assessment due for
shall refund to the vendor the amount of taxes paid if the vendor
the same period.
has refunded to the consumer the full amount of taxes the con-
sumer paid illegally or erroneously or if the vendor has illegally or (F) On the fi ling of an application for a refund, the commissioner
erroneously billed the consumer but has not collected the taxes shall determine the amount of refund to which the applicant is en-
from the consumer. titled. If the amount is not less than that claimed, the commissioner
shall certify that amount to the director of budget and management
(B) When, pursuant to this chapter, a consumer has paid taxes
and the treasurer of state for payment from the tax refund fund
directly to the treasurer of state or the treasurer of state's agent, or
created by R.C. section 5703.052. If the amount is less than that
to the tax commissioner or the commissioner's agent, and the pay-
claimed, the commissioner shall proceed in accordance with R.C.
ment or assessment was illegal or erroneous, the commissioner
section 5703.70.
shall refund to the consumer the full amount of illegal or erroneous
taxes paid. (G) When a refund is granted under this section, it shall include
interest thereon as provided by R.C. section 5739.132.
(C) The commissioner shall refund to the consumer taxes paid il-
legally or erroneously to a vendor only if: Amended by 129th General Assembly File No. 28, HB 153,
§101.01, eff. 9/29/2011.
(1) The commissioner has not refunded the tax to the vendor and
the vendor has not refunded the tax to the consumer; or Use tax refunds are governed by R.C. 5741.10, which provides in
pertinent part as follows:
(2) The consumer has received a refund from a manufacturer or
other person, other than the vendor, of the full purchase price, but Refunds of taxes paid pursuant to this chapter by a seller or con-
not the tax, paid to the vendor in settlement of a complaint by the sumer illegally or erroneously shall be made in the same manner
consumer about the property or service purchased. as refunds are made to a vendor or consumer under R.C. section
5739.07.
The commissioner may require the consumer to obtain or the ven-
dor to provide a written statement confi rming that the vendor has
not refunded the tax to the consumer and has not fi led an applica-
tion for refund of the tax with the commissioner.
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