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Home » US Law » 2022 Ohio Revised Code » Title 57 | Taxation » Chapter 5749 | Severance Tax

Section 5749.01 | Severance Tax Definitions.

Effective: September 29, 2017 Latest Legislation: House Bill 49 – 132nd General Assembly As used in this chapter: (A) “Ton” shall mean two thousand pounds as measured at the point and time of severance, after the removal of any impurities, under such rules and regulations as the tax commissioner may prescribe. (B) “Taxpayer” means any […]

Section 5749.02 | Imposing Tax on Severance of Natural Resources.

Effective: September 29, 2017 Latest Legislation: House Bill 49 – 132nd General Assembly (A) For the purpose of providing revenue to administer the state’s coal mining and reclamation regulatory program, to meet the environmental and resource management needs of this state, and to reclaim land affected by mining, an excise tax is hereby levied on […]

Section 5749.04 | Permit or Registration Required.

Effective: September 29, 2017 Latest Legislation: House Bill 49 – 132nd General Assembly No severer shall sever or sell a natural resource in this state without first having obtained a permit from or having registered with the department of natural resources. The commissioner may request that the department of natural resources revoke the permit or […]

Section 5749.06 | Filing Returns for Each Calendar Quarter.

Effective: September 29, 2017 Latest Legislation: House Bill 49 – 132nd General Assembly (A)(1) Each severer liable for the tax imposed by section 5749.02 of the Revised Code and each severer or owner liable for the amounts due under section 1509.50 of the Revised Code, except for any amount due under division (B)(2) of that […]

Section 5749.07 | Failure to File or Pay Tax.

Effective: September 29, 2013 Latest Legislation: House Bill 59 – 130th General Assembly (A) If any severer required by this chapter to make and file returns and pay the tax levied by section 5749.02 of the Revised Code, or any severer or owner liable for the amounts due under section 1509.50 of the Revised Code, […]

Section 5749.09 | Deducting Taxpayer’s Indebtedness to State From Refund.

Effective: July 1, 1985 Latest Legislation: House Bill 201 – 116th General Assembly If any person who is entitled to a refund under section 5749.08 of the Revised Code is indebted to the state for any tax, the balance allowable on, the refund application shall be applied in satisfaction of the amount due the state. […]

Section 5749.10 | Assessments for Taxes in Jeopardy.

Effective: June 30, 2010 Latest Legislation: Senate Bill 165 – 128th General Assembly If the tax commissioner finds that a taxpayer, liable for tax under this chapter or for any amount due under section 1509.50 of the Revised Code is about to depart from the state, or remove the taxpayer’s property therefrom, or conceal the […]

Section 5749.12 | Nonresidents – Service of Process.

Effective: June 30, 2010 Latest Legislation: Senate Bill 165 – 128th General Assembly Any nonresident of this state who accepts the privilege extended by the laws of this state to nonresidents severing natural resources in this state, and any resident of this state who subsequently becomes a nonresident or conceals the resident’s whereabouts, makes the […]

Section 5749.13 | Maintaining Records.

Effective: June 30, 2010 Latest Legislation: Senate Bill 165 – 128th General Assembly The tax commissioner may prescribe requirements as to the keeping of records and other pertinent documents and the filing of copies of federal income tax returns and determinations. The commissioner may require any person, by rule or by notice served on that […]

Section 5749.14 | Tax Commissioner – Additional Powers.

Effective: June 30, 2010 Latest Legislation: Senate Bill 165 – 128th General Assembly The tax commissioner shall enforce and administer this chapter and applicable provisions of section 1509.50 of the Revised Code. In addition to any other powers conferred upon the commissioner by law, the commissioner may: (A) Prescribe all forms required to be filed […]

Section 5749.15 | Civil Penalties.

Effective: June 30, 2010 Latest Legislation: Senate Bill 165 – 128th General Assembly Any person who fails to file a return or pay the tax as required under this chapter or other amount due under section 1509.50 of the Revised Code who is assessed such taxes or other amount due pursuant to section 5749.07 or […]

Section 5749.16 | Filing Incomplete, False, or Fraudulent Return.

Effective: January 1, 1972 Latest Legislation: House Bill 475 – 109th General Assembly No person shall fail to file any return or report required to be filed by this chapter or file or cause to be filed any incomplete, false, or fraudulent return, report, or statement, or aid or abet another in the filing of […]

Section 5749.17 | Information Provided to Natural Resources Department.

Effective: September 29, 2017 Latest Legislation: House Bill 49 – 132nd General Assembly Any information provided to the department of natural resources by the department of taxation in accordance with division (C)(12) of section 5703.21 of the Revised Code shall not be disclosed publicly by the department of natural resources. However the department of natural […]

Section 5749.99 | Penalty.

Effective: July 1, 1996 Latest Legislation: Senate Bill 2 – 121st General Assembly Whoever violates section 5749.16 of the Revised Code is guilty of a felony of the fifth degree.