FAQs - Pass Through Entity

If the PTE is not subject to Ohio tax, what is the procedure for a nonresident investor to recover an amount erroneously withheld by a PTE and paid via Ohio form IT 1140ES?

If the PTE is not subject to Ohio tax, then there are two “avenues” for securing a refund:

  • The PTE can file an original (if PTE has not yet filed an IT 1140) or an amended IT 1140 (if PTE has already filed an IT 1140) and seek a full refund of all amounts withheld, or
  • The individuals can each file an Ohio form IT 1040 and via the refundable PTE credit seek a full refund of all amounts withheld and paid by the PTE.