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FT REF
Information and Pertinent Law Sections Rev 7/10
To the extent that a refund is granted on this application, either such amount to the director of budget and management
in whole or in part, the Department of Taxation will calculate and treasurer of state for payment from the tax refund fund
and include the appropriate amount of interest in the refund created by R.C. section 5703.052.
payment made to the applicant. The applicant should not
include such interest in the "Total amount of refund claimed" (C) "Ninety days" shall be substituted for "three years" in
fi gure on line 5. Ohio Revised Code (R.C.) section 5733.26(B) division (B) of this section if the taxpayer satisfi es both of
provides for the payment of interest as follows: the following:
Interest shall be allowed and paid at the rate per annum (1) The taxpayer has applied for a refund based in whole
prescribed by R.C. section 5703.47 upon amounts re- or in part upon R.C. section 5733.0611;
funded with respect to the tax imposed by R.C. section (2) The taxpayer asserts that the imposition or collection
5733.06. The interest shall run from whichever of the fol- of the tax imposed or charged by R.C. section 5733.06
lowing dates is the latest until the date the refund is paid: or any portion of such tax violates the Constitution of
the date of the illegal, erroneous or excessive payment; the United States or the constitution of this state.
the ninetieth day after the fi nal date the annual report un-
der R.C. section 5733.02 was required to be fi led; or the (D)(1) Division (D)(2) of this section applies only if all of the
ninetieth day after the date that report was fi led. following conditions are satisfi ed:
If the overpayment results from the carryback of a net (a) A qualifying pass-through entity pays an amount of
capital loss to a previous taxable year, the overpayment the tax imposed by R.C. section 5733.41;
is deemed not to have been made prior to the fi ling date,
including any extension thereof, for the taxable year in (b) The taxpayer is a qualifying investor as to that qualify-
which the net capital loss arises. ing pass-through entity;
Corporation franchise tax refunds are governed by R.C. sec- (c) The taxpayer did not claim the credit provided for in
tion 5733.12, which provides in pertinent part as follows: R.C. section 5733.0611 as to the tax described in
division (D)(1)(a) of this section;
(B) Except as otherwise provided under divisions (C) and
(D) of this section, an application to refund to the corpo- (d) The three-year period described in division (B) of this
ration the amount of taxes imposed under R.C. section section has ended as to the taxable year for which the
5733.06 that are overpaid, paid illegally or erroneously, or taxpayer otherwise would have claimed that credit.
paid on any illegal, erroneous, or excessive assessment, (2) A taxpayer shall fi le an application for refund pursuant
with interest thereon as provided by R.C. section 5733.26, to this division within one year after the date the payment
shall be fi led with the tax commissioner, on the form pre- described in division (D)(1)(a) of this section is made. An
scribed by the commissioner, within three years from the application fi led under this division shall only claim refund
date of the illegal, erroneous, or excessive payment of the of overpayments resulting from the taxpayer's failure to
tax, or within any additional period allowed by division (C) claim the credit described in division (D)(1)(c) of this sec-
(2) of R.C. section 5733.031, division (D)(2) of R.C. section tion. Nothing in this division shall be construed to relieve a
5733.067, or division (A) of R.C. section 5733.11. taxpayer from complying with the provisions of division (I)
On the fi ling of the refund application, the commissioner (14) of R.C. section 5733.04.
shall determine the amount of refund due and certify
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