This archived Information Release has been superseded by a
later release. It is archived here for historical/reference
purposes ONLY. For the most current Information Releases,
please refer to the main "Information Releases - Current
PP 2007-01 and RP 2007-01 - Classification of Certain
Business Assets as Real or Personal Property - Draft Issued
The purpose of this information release is to seek public
comment before it is formally issued as both a personal
property tax and real property tax information release and as
a county auditor bulletin (which also will include a bulletin
to revoke prior county auditor bulletins). With the phase-out
of the personal property tax in Ohio, the classification of
what constitutes personal or real property has been
heightened in importance. While this release is being issued
to address some types of property, this proposed information
release is not meant to, and it should not be construed to,
encompass all types of property potentially subject to
personal or real property taxation in Ohio.
If you have any questions or comments you would like to
make regarding this release and bulletin prior to its
issuance, please contact Stanley Bialczak at (614) 466-8357
or e-mail him at email@example.com
by August 3, 2007.
PROPOSED COUNTY AUDITOR BULLETIN NO. 290
RE: CLASSIFICATION OF CERTAIN BUSINESS ASSETS AS REAL
PROPERTY OR PERSONAL PROPERTY
The Department of Taxation recently has reviewed the county
auditor bulletins that classify assets as either real
property or personal property. In light of recent case law
and statutory amendments, many of these bulletins were found
to be obsolete or unnecessary. In order to align the property
classifications reflected in these bulletins with current
law, the Tax Commissioner has rescinded them pursuant to
Amended Bulletin No. 288 (Bulletins 33, 70, 74, 77, 80, 85,
110, 135, 154, 166, 247, and 284) issued August X , 2007 and
is replacing them with this information release/bulletin.
The classifications set forth below are not intended to alter
the sales/use tax consequences of the purchase or
installation of real or personal property. In the case of
purchases of personal property, Ohio sales/use tax will apply
unless the taxpayer has some statutory claim of exemption.
While transfers of real property are not normally subject to
Ohio sales/use tax, construction contractors continue to have
sales/use tax responsibilities for any personal property or
taxable services used in performing a construction contract.
Further, Ohio’s sales/use taxes apply to certain enumerated
services. For example, R.C. 5739.01(B)(3)(g) includes
landscaping and lawn care services within the definition of a
“sale” for sales/use tax purposes. In transactions where such
services are being provided, the service may be taxable
regardless of the fact that the service results in an
improvement to real property. Other services that are subject
to sales/use tax (not inclusive) include the repair of
personal property, installation of personal property,
exterminating services, and private investigation and
security services. This information release/bulletin does not
address the existence of any services that may be subject to
sales/use tax at the issuance or after the issuance of this
The following classifications of certain business property
are intended to supplement, expound upon, and comport with
the definitions set forth in R.C. 5701.02 and 5701.03, and
the classifications set forth in Ohio Adm. Code 5703-3-01.
This information release/bulletin does not address the
classification of assets on residential property. In
addition, property classified in this information
release/bulletin as “real property” still may be deemed to be
personal property if it meets the definition of a “business
fixture” and/or the property does not meet the definition of
a “fixture” (e.g., certain property subject to an operating
The following business property is properly classified as
1. Air conditioning
systems that utilize specialized cooling equipment to
maintain specific environmental conditions in computer rooms,
manufacturing areas, research areas, storage areas, or
other areas that require specific environmental conditions
for the business that is conducted on the premises. But, see
2. Amusement park
3. Bank vault
doors unless an integral part of the building and the
removal of which would damage the structural integrity of the
building. Also, see 13 below.
4. Boilers and
ancillary equipment such as, but not limited to, feed water
heaters, pumps, steam traps, steam lines, and return water
storage tanks, that are used for any purpose other
than environmental control for buildings or structures
housing people or animals. But, see 26 below.
5. Chemical lines
used for fire protection of business equipment.
6. Concrete fire
walls and earthen structures surrounding oil and
gasoline storage tanks.
windows, but only that portion that constitutes the
window itself and not the framing.
8. Electrical lines
and ancillary equipment that are specialized and used in
9. Fuel storage
tanks, whether above or below ground.
10. Generators when used as
a power source for manufacturing equipment or when used
exclusively to maintain specific environmental conditions,
e.g., in computer rooms. But, see 32 below.
11. Intercommunication systems and
public address systems.
used in the drying, burning, firing, baking or similar
processes of brick, grain, pottery, ceramics, lumber, and
13. Modular bank
vault rooms. Also, see 3 above.
14. Pneumatic tube
15. Portable grain
storage bins regardless of size. But, see 30 below.
16. Process water
transportation equipment used to transport water from
a well to a processing operation of a business establishment,
including equipment, lines, and pipes whether above or below
ground used to transport manufacturing process water. This
does not include equipment used to transport water for the
general use of the building, such as for drinking, bathing,
17. Pumps, motors,
or pipes used in connection with cooling towers,
landscape irrigation, manufacturing equipment, spray ponds,
or storage tanks.
cold areas, including equipment such as panels and
insulation and the enclosure around or incident to the
equipment, excluding supporting structures.
19. Service station
canopies, all electrical wiring for the canopies, any
appurtenances to the canopies, and any concrete pads or
islands used as foundations for the canopies.
including neon signs and billboards.
21. Skip hoists and
tipples. But, see 37 and 38 below.
22. Sliding boards,
diving boards, diving platforms, lifeguard stands, lighting,
rails, ladders, and filtration and chlorination
systems associated with swimming pools. But, see 39
23. Special purpose
lighting and associated electrical wiring, whether inside or
outside, including lighting for miniature golf courses and
lighting for illuminating or displaying inventory, e.g., on
automobile dealer lots. But, see 31 below.
silos used as part of an integrated manufacturing
operation where the silos hold as part of the operation a
product that is in process, such as in chemical processing
where the silos hold chemicals on which processing has begun
but is not completed. But, see 30 below.
25. Water softening
equipment when used for industrial clothes cleaning or
in a manufacturing process. But, see 40 below.
The following property is properly classified as real
conditioners, boilers and ancillary equipment such as, but
not limited to, feed water heaters, pumps, steam traps, steam
lines, and return water storage tanks primarily used
for environmental control for buildings or structures housing
people or animals. But, see 1 and 4 above.
installed and attached to a finished or unfinished interior
surface so as to indicate permanent affixation for the useful
life of the carpet. For sales tax purposes, note that the
installation of carpet is taxable. See R.C. 5739.01(B)(5).
28. Cement parking
pads, driveways, and walkways in use at trailer
29. Chemical and
water lines used for fire protection installed within
and an integral part of a building or structure. But, see 5
storage bins, and storage silos used in agricultural
operations or used for storage and warehousing of raw
materials or finished goods. But, see 16 and 24 above.
31. General parking
lot lighting. But, see 23 above.
32. Generators that have
been installed as an integral part of a building or structure
and that supply power for general usage to the building or
structure. But, see 11 above.
33. Greenhouses attached to
magazines and any other buildings or structures
constructed in compliance with R.C. Chapter 3743 for the
storage of fireworks or other types of explosives.
37. Skip hoist
houses. But, see 21 above.
38. Supports for
cranes, skip hoists, tipples, or similar property that
are an integral part of the
building or structures. But, see 21 above.
pools. But, see 22 above.
40. Water softening
systems when used in relation to potable water. But,
see 25 above.