- 2 -
|
CAT REF
Rev. 4/13
Information and Pertinent Law Sections
To the extent that a refund is granted on this application, is entitled. If the amount is not less than that claimed, the
either in whole or in part, the Department of Taxation will commissioner shall certify the amount to the director of
calculate and include the appropriate amount of interest in budget and management and treasurer of state for payment
the refund payment made to the applicant. The applicant from the tax refund fund created under R.C. 5703.052. If the
should not include such interest in the “total amount of amount is less than that claimed, the commissioner shall
refund claimed.” proceed in accordance with R.C. 5703.70.
Commercial activity tax refunds are governed by R.C. (C) Interest on a refund applied for under this section,
5751.08, which provides in pertinent part as follows: computed at the rate provided for in R.C. 5703.47, shall be
allowed from the later of the date the tax was paid or when
(A) An application for refund to the taxpayer of the amount the tax payment was due.
of taxes imposed under this chapter that are overpaid, paid
illegally or erroneously, or paid on any illegal or erroneous (D) A calendar quarter taxpayer with more than one million
assessment shall be fi led with the tax commissioner, on the dollars in taxable gross receipts in a calendar year other than
form prescribed by the commissioner, within four years after calendar year 2005 and prior to calendar year 2013 and that
the date of the illegal or erroneous payment of the tax. The is not able to exclude one million dollars in taxable gross
applicant shall provide the amount of the requested refund receipts because of the operation of the taxpayer’s business
along with the claimed reasons for, and documentation to in that calendar year may fi le for a refund under this section
support, the issuance of a refund. If the refund request is to obtain the full exclusion of one million dollars in taxable
based on a payment made via paper check rather than gross receipts for that calendar year.
electronic, please provide copies of the front and back of
the cancelled check. (E) Except as provided in R.C. 5751.091, the tax commissioner
may, with the consent of the taxpayer, provide for the crediting
(B) On the fi ling of the refund application, the tax commissioner against tax due for a tax year the amount of any refund due
shall determine the amount of refund to which the applicant the taxpayer under this chapter for a preceding tax year.
|