Information Release

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SEV 2013-01 - Severance Tax: Severers and Owners Must File and Pay Electronically – Issued July, 2013; Updated August 2013

This information release contains Ohio Adm. Code 5703-35-01 in draft form, which specifies that severers or owners, as applicable, must file and pay electronically through the Ohio Business Gateway or other electronic means. This release is being updated to include a link to the Business Impact Analysis (BIA) filed with the Common Sense Initiative (CSI) Office.

The rule addresses the change in Am. Sub. H.B. 59 of the 130th General Assembly, which allows the Tax Commissioner to require severers or owners to file and pay electronically. The Department intends to require severers or owners to file and pay electronically beginning with the severance of natural resources occurring in calendar quarters beginning on or after January 1, 2014.  To review the BIA filed with the CSI Office, click here.   

If you wish to comment on the proposed rule or the BIA, please send your comments to the Department and the Common Sense Initiative Office by September 13, 2013.

DRAFT of Rule 5703-35-01: Severance Tax severers and owners must file and pay electronically

 (A) Except as provided in paragraph (B) of this rule, each person required to file a severance tax return shall file such return and remit payment of the tax liability as follows:

 (1) The returns shall be filed electronically by using the Ohio business gateway as defined in section 718.051 of the Revised Code;

 (2) The payment shall be made electronically by using the Ohio business gateway or made in the manner prescribed by rules adopted by the treasurer of state under section 113.061 of the Revised Code.

 (B)(1) Any person may apply to the tax commissioner to be excused from the requirement to file and pay electronically under paragraph (A) of this rule. If a form is prescribed by the commissioner for such purpose, which shall be posted on the department of taxation’s web site, the person shall complete such form.

 (2) The commissioner will notify the person in writing of the commissioner’s decision. Unless an earlier date is specified in the notice, the excuse shall continue to apply until revoked in writing by the commissioner. The denial or revocation of an excuse under this paragraph is not a final determination of the commissioner and is not subject to further appeal.

 (C) A taxpayer must file a return and make a payment electronically beginning with the return for the severance of natural resources occurring in calendar quarters beginning on or after January 1, 2014.

 (D) Nothing in this rule affects any person’s obligation to timely file all returns and timely pay all amounts required by section 1509.50 or Chapter 5749. of the Revised Code.