For the latest news and updates on Ohio state and local tax

June 28, 2022

Ohio Enacts SALT Deduction Cap Workaround

Ohio Governor Mike DeWine signed legislation on June 14, 2022, that counteracts the $10,000 state and local tax (“SALT”) deduction limitation created by the Tax Cuts and Jobs Act (“TCJA”). The new legislation creates an elective pass-through entity tax for qualified pass-through entities and provides the respective owners a refundable tax credit equal to the owner’s proportionate share of entity-level tax paid.

Qualifying pass-through entities, including S corporations, partnerships, or limited liability companies (treated as S corporations or partnerships for federal tax purposes), can elect to pay Ohio income taxes at the entity level beginning in 2022. As such, these taxes are treated as ordinary and necessary business expenses of the entity and thus are not subject to the $10,000 SALT limitation. Once the election is made, it is irrevocable. For calendar year taxpayers, the election will be filed on or before April 15th along with the original return or extension.

For calendar year 2022, the pass-through entity tax rate is 5% of the qualifying taxable income for the taxable year. For subsequent tax years, the tax rate is 3%. Additional guidance is expected to be released by Ohio in the coming months.

July 22, 2021

Tax Changes of Ohio Fiscal Year 2022-2023 Budget Bill

On June 30, 2021, Ohio Governor Mike DeWine signed the fiscal year 2022-23 budget bill. Below is a summary of tax changes included on the budget bill.

Personal Income Tax

  • For tax years beginning in 2021, the number of tax brackets which impose tax on individuals’ nonbusiness income is reduced from five to four.
  • Temporary COVID-19 withholding rules have been extended through December 31,2021 from July 18, 2021. This will allow employers to continue to withhold income tax based on an employee’s principal place of work rather than their at-home work location.
  • A taxpayer must report to the tax commissioner a change in the amount of the taxpayer’s resident credit for income that is taxed in another state or the District of Columbia within 90 days.
  • For taxable years beginning in 2026, an income tax deduction is allowed for taxpayers with capital gains from the sale of an ownership interest in a business equal to the lesser of the capital gain or a percentage of the business’s payroll over a specified period based on the taxpayer’s proportionate interest in the business.

Commercial Activity Tax

  • The CAT minimum tax due on a taxpayer’s first $1M of receipts is now based on the prior year rather than current year gross receipts.

June 3, 2021

Ohio Provides Update on Federal Unemployment Benefits Deduction

The Ohio Department of Taxation has updated its guidance related to the federal deduction for unemployment benefits for tax year 2020. Ohio conforms to the federal treatment of unemployment compensation, including the exclusion of $10,200 of unemployment income under the American Rescue Plan Act of 2021 (ARPA,PL 117-2). For taxpayers who filed federal and Ohio tax returns without the unemployment benefits deduction and are now waiting for the Internal Revenue Service (IRS) to issue a refund, after the IRS makes the adjustment, the taxpayer is required to: (1) file an amended Ohio IT 1040 (and an amended SD 100 for those who reside in a traditional tax base school district) to report new federal adjusted gross income (AGI); (2) include a copy of the IRS Tax Account Transcript showing the new federal AGI; and (3) complete the Ohio Reasons and Explanation of Corrections form (Ohio form IT RE or SD RE). The Department emphasizes that taxpayers who are required to file an amended return with the IRS related to their unemployment benefits must wait to file their amended Ohio IT 1040 (and amended SD 100, if applicable) until after their federal amended return has been accepted by the IRS.

May 5, 2021

Ohio Updates COVID-19 Tax FAQs for Unemployment Billing Waiver

The Ohio tax commissioner is temporarily permitted to waive any interest, penalty, and/or interest penalty for the underpayment of state and school district income taxes due on unemployment compensation received in 2020, provided that certain requirements are met. In order to qualify for the waiver: (1) the taxpayer must have received unemployment benefits in 2020; (2) such benefit is included in the taxpayer’s Ohio adjusted gross income and/or the taxpayer’s traditional school district income tax base; (3) the taxpayer timely filed the Ohio IT 1040 (and SD 100 if applicable); (4) the taxpayer accrued interest, penalty, and/or interest penalty as a result of nonpayment or underpayment of the 2020 tax liability related to the taxpayer’s unemployment income; and (5) the taxpayer has paid the tax due for 2020 in full when requesting the waiver. Taxpayers who deduct all their unemployment benefits when filing their federal income tax return do not qualify for the waiver. For specific information, please see Ohio’s Covid-19 FAQ website.

April 28, 2021

Ohio to Have Brief Sales Tax Holiday in August

Ohio will offer a sales tax holiday during the period running from Friday, August 6, 2021 at 12:00AM to Sunday, August 8, 2021 at 11:59PM. During the holiday, the following items are exempt from sales and use tax: (i) an item of clothing priced at $75 or less; (ii) an item of school supplies priced at $20 or less; and (iii) an item of school instructional material priced at $20 or less. Items used in a trade or business will not exempt under the sales tax holiday. For more information regarding the sales tax holiday, please refer to the Ohio Department of Taxation’s Frequently Asked Questions (“FAQ”).

April 7, 2020

Ohio Conforms to IRC as of March 31, 2021

After passing recent legislation (see L. 2021, S18), Ohio is now in conformity with the Internal Revenue Code as of March 31, 2021. The Ohio Department of Taxation notes that taxpayers must remain mindful of any IRC provisions from which Ohio specifically decouples (a complete list of such decoupled IRC provisions can be found on Ohio Schedule A, Income Adjustments).

March 30, 2020

Ohio Update on Extension of Filing Deadline

Ohio Tax Commissioner Jeff McClain announced that Ohio will be following federal in extending the deadline to May 17, 2021 to file and pay Ohio individual income and school district income taxes for tax year 2020. Penalties and interest will be waived on payments made during the extension. The extension, however, does not apply to the first quarter estimated income tax payment for tax year 2021 which is still due by April 15, 2021. (News Release: Ohio Moving Income Tax Filing and Payment Deadline to May 17, Ohio Dep’t. Rev, 03/24/2021.)

March 21, 2020

Ohio February 2020 Sales and Use Tax Returns Due

The Ohio Department of Taxation reminds all sales and use tax taxpayers that the February 2020 monthly sales and use tax returns are due March 23, 2020. Taxpayers are required to file sales and use tax returns electronically via the Ohio Business Gateway at Alternatively, taxpayers may file sales tax returns for county vendor’s licenses (vendor’s license numbers beginning 01-88) through TeleFile by calling (800) 697-0440. Learn more here.

Disclaimer: Please note this is the information that is readily available at this time, it is subject to change so please consult your Withum tax advisor.

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The State and Local Tax (SALT) laws vary from state to state and are constantly changing. Reach out to Withum’s SALT Team for guidance on how to navigate your state’s local tax laws.