Form Pte Ref - Application For Pass-Through Entity Tax Refund Page 2
Download a blank fillable Form Pte Ref - Application For Pass-Through Entity Tax Refund in PDF format just by clicking the "DOWNLOAD PDF" button.
Open the file in any PDF-viewing software. Adobe Reader or any alternative for Windows or MacOS are required to access and complete fillable content.
Complete Form Pte Ref - Application For Pass-Through Entity Tax Refund with your personal data - all interactive fields are highlighted in places where you should type, access drop-down lists or select multiple-choice options.
Some fillable PDF-files have the option of saving the completed form that contains your own data for later use or sending it out straight away.
ADVERTISEMENT
1
2PTE REF
Information and Pertinent Law Sections
Rev. 9/14
1. You must complete all blanks on the front side of this ap-
For purposes of the payment of interest on overpayments,
plication. Please type or print in ink.
no amount of tax, for any taxable year, shall be treated as
having been paid before the date on which the tax return for
2. Please make a copy of this application for your records.
that year was due without regard to any extension of time
Mail to the address or fax to the number shown on page 1.
for fi ling such return.
3. Ohio Revised Code section (R.C.) 5747.11(C) provides for
(2) Interest shall be allowed at the rate per annum prescribed
the payment of interest at the rate prescribed by R.C. sec-
by section 5703.47 of the Revised Code on amounts refunded
tion 5703.47 on all refunds granted. To the extent a refund
with respect to the taxes imposed under sections 5733.41
is granted on this application, either in whole or in part, the
and 5747.41 of the Revised Code. The interest shall run from
Ohio Department of Taxation will calculate and include the
whichever of the following days is the latest until the day the
appropriate amount of interest in the refund payment made to
refund is paid: the day the illegal, erroneous, or excessive
the applicant. The applicant should not include such interest
payment was made; the ninetieth day after the fi nal day the
in the amount of refund claimed.
annual report was required to be fi led under section 5747.42
of the Revised Code; or the ninetieth day after the day that
4. Pass-through entity tax refunds are governed by R.C.
report was fi led.
section 5747.11, which provides in pertinent part as follows:
(D) "Ninety days" shall be substituted for "four years" in divi-
(A) The tax commissioner shall refund to employers, quali-
sion (B) of this section if the taxpayer satisfi es both of the
fying entities or taxpayers subject to a tax imposed under
following conditions:
section 5733.41, 5747.02 or 5747.41, or Chapter 5748 of the
Revised Code the amount of any overpayment of such tax.
(1) The taxpayer has applied for a refund based in whole or
in part upon section 5747.059 of the Revised Code;
(B) Except as otherwise provided under divisions (D) and (E)
of this section, applications for refund shall be fi led with the
(2) The taxpayer asserts that either the imposition or col-
tax commissioner, on the form prescribed by the commission-
lection of the tax imposed or charged by this chapter or any
er, within four years from the date of the illegal, erroneous, or
portion of such tax violates the Constitution of the United
excessive payment of the tax, or within any additional period
States or the Constitution of Ohio.
allowed by division (B)(3)(b) of section 5747.05, division (B)
of section 5747.10, division (A) of section 5747.13, or division
(E)(1) Division (E)(2) of this section applies only if all of the
(C) of section 5747.45 of the Revised Code.
following conditions are satisfi ed:
On fi ling of the refund application, the commissioner shall
(a) A qualifying entity pays an amount of the tax imposed by
determine the amount of refund due and, if that amount ex-
section 5733.41 or 5747.41 of the Revised Code;
ceeds one dollar, certify such amount to the director of budget
(b) The taxpayer is a qualifying investor as to that qualifying
and management and treasurer of state for payment from the
entity;
tax refund fund created by section 5703.052 of the Revised
Code. Payment shall be made as provided in division (C) of
(c) The taxpayer did not claim the credit provided for in sec-
section 126.35 of the Revised Code.
tion 5747.059 of the Revised Code as to the tax described
in division (E)(1)(a) of this section;
(C)(1) Interest shall be allowed and paid at the rate per an-
num prescribed by section 5703.47 of the Revised Code on
(d) The four-year period described in division (B) of this sec-
amounts refunded with respect to the tax imposed under
tion has ended as to the taxable year for which the taxpayer
section 5747.02 or Chapter 5748 of the Revised Code from
otherwise would have claimed that credit.
the date of the overpayment until the date of the refund of
the overpayment, except that if any overpayment is refunded
(2) A taxpayer shall fi le an application for refund pursuant
within ninety days after the fi nal fi ling date of the annual
to division (E) of this section within one year after the date
return or ninety days after the return is fi led, whichever is
the payment described in division (E)(1)(a) of this section is
later, no interest shall be allowed on such overpayment. If
made. An application fi led under division (E)(2) of this section
the overpayment results from the carryback of a net operat-
shall claim refund only of overpayments resulting from the
ing loss or net capital loss to a previous taxable year, the
taxpayer's failure to claim the credit described in division (E)
overpayment is deemed not to have been made prior to the
(1)(c) of this section. Nothing in division (E) of this section
fi ling date, including any extension thereof, for the taxable
shall be construed to relieve a taxpayer from complying with
year in which the net operating loss or net capital loss arises.
division (A)(16) of section 5747.01 of the Revised Code.
- 2 -
ADVERTISEMENT
0 votes
Related Articles
Related forms
Related Categories
Parent category: Financial