Bill Text: OH HB639 | 2013-2014 | 130th General Assembly | Introduced


Bill Title: To phase out the income tax and income tax expenditures over ten years.

Spectrum: Partisan Bill (Republican 4-0)

Status: (Introduced - Dead) 2014-10-20 - To Ways and Means [HB639 Detail]

Download: Ohio-2013-HB639-Introduced.html
As Introduced

130th General Assembly
Regular Session
2013-2014
H. B. No. 639


Representatives Beck, Adams, J. 

Cosponsors: Representatives Retherford, Becker 



A BILL
To amend sections 5747.02 and 5747.41 and to enact 1
section 5747.027 of the Revised Code to phase out 2
the income tax and income tax expenditures over 3
ten years.4


BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

       Section 1. That sections 5747.02 and 5747.41 of the Revised 5
Code be amended and section 5747.027 of the Revised Code be 6
enacted to read as follows:7

       Sec. 5747.02.  (A) For the purpose of providing revenue for 8
the support of schools and local government functions, to provide 9
relief to property taxpayers, to provide revenue for the general 10
revenue fund, and to meet the expenses of administering the tax 11
levied by this chapter, there is hereby levied on every 12
individual, trust, and estate residing in or earning or receiving 13
income in this state, on every individual, trust, and estate 14
earning or receiving lottery winnings, prizes, or awards pursuant 15
to Chapter 3770. of the Revised Code, on every individual, trust, 16
and estate earning or receiving winnings on casino gaming, and on 17
every individual, trust, and estate otherwise having nexus with or 18
in this state under the Constitution of the United States, an 19
annual tax measured in the case of individuals by Ohio adjusted 20
gross income less an exemption for the taxpayer, the taxpayer's 21
spouse, and each dependent as provided in section 5747.025 of the 22
Revised Code; measured in the case of trusts by modified Ohio 23
taxable income under division (D) of this section; and measured in 24
the case of estates by Ohio taxable income. The tax imposed by 25
this section on the balance thus obtained is hereby levied as 26
follows: 27

       (1) For taxable years beginning in 2004: 28

OHIO ADJUSTED GROSS INCOME LESS EXEMPTIONS (INDIVIDUALS) 29
OR 30
MODIFIED OHIO 31
TAXABLE INCOME (TRUSTS) 32
OR 33
OHIO TAXABLE INCOME (ESTATES) TAX 34

$5,000 or less .743% 35
More than $5,000 but not more than $10,000 $37.15 plus 1.486% of the amount in excess of $5,000 36
More than $10,000 but not more than $15,000 $111.45 plus 2.972% of the amount in excess of $10,000 37
More than $15,000 but not more than $20,000 $260.05 plus 3.715% of the amount in excess of $15,000 38
More than $20,000 but not more than $40,000 $445.80 plus 4.457% of the amount in excess of $20,000 39
More than $40,000 but not more than $80,000 $1,337.20 plus 5.201% of the amount in excess of $40,000 40
More than $80,000 but not more than $100,000 $3,417.60 plus 5.943% of the amount in excess of $80,000 41
More than $100,000 but not more than $200,000 $4,606.20 plus 6.9% of the amount in excess of $100,000 42
More than $200,000 $11,506.20 plus 7.5% of the amount in excess of $200,000 43

       (2) For taxable years beginning in 2005: 44

OHIO ADJUSTED GROSS INCOME LESS EXEMPTIONS (INDIVIDUALS) 45
OR 46
MODIFIED OHIO 47
TAXABLE INCOME (TRUSTS) 48
OR 49
OHIO TAXABLE INCOME (ESTATES) TAX 50

$5,000 or less .712% 51
More than $5,000 but not more than $10,000 $35.60 plus 1.424% of the amount in excess of $5,000 52
More than $10,000 but not more than $15,000 $106.80 plus 2.847% of the amount in excess of $10,000 53
More than $15,000 but not more than $20,000 $249.15 plus 3.559% of the amount in excess of $15,000 54
More than $20,000 but not more than $40,000 $427.10 plus 4.27% of the amount in excess of $20,000 55
More than $40,000 but not more than $80,000 $1,281.10 plus 4.983% of the amount in excess of $40,000 56
More than $80,000 but not more than $100,000 $3,274.30 plus 5.693% of the amount in excess of $80,000 57
More than $100,000 but not more than $200,000 $4,412.90 plus 6.61% of the amount in excess of $100,000 58
More than $200,000 $11,022.90 plus 7.185% of the amount in excess of $200,000 59

       (3) For taxable years beginning in 2006: 60

OHIO ADJUSTED GROSS INCOME LESS EXEMPTIONS (INDIVIDUALS) 61
OR 62
MODIFIED OHIO 63
TAXABLE INCOME (TRUSTS) 64
OR 65
OHIO TAXABLE INCOME (ESTATES) TAX 66

$5,000 or less .681% 67
More than $5,000 but not more than $10,000 $34.05 plus 1.361% of the amount in excess of $5,000 68
More than $10,000 but not more than $15,000 $102.10 plus 2.722% of the amount in excess of $10,000 69
More than $15,000 but not more than $20,000 $238.20 plus 3.403% of the amount in excess of $15,000 70
More than $20,000 but not more than $40,000 $408.35 plus 4.083% of the amount in excess of $20,000 71
More than $40,000 but not more than $80,000 $1,224.95 plus 4.764% of the amount in excess of $40,000 72
More than $80,000 but not more than $100,000 $3,130.55 plus 5.444% of the amount in excess of $80,000 73
More than $100,000 but not more than $200,000 $4,219.35 plus 6.32% of the amount in excess of $100,000 74
More than $200,000 $10,539.35 plus 6.87% of the amount in excess of $200,000 75

       (4) For taxable years beginning in 2007: 76

OHIO ADJUSTED GROSS INCOME LESS EXEMPTIONS (INDIVIDUALS) 77
OR 78
MODIFIED OHIO 79
TAXABLE INCOME (TRUSTS) 80
OR 81
OHIO TAXABLE INCOME (ESTATES) TAX 82

$5,000 or less .649% 83
More than $5,000 but not more than $10,000 $32.45 plus 1.299% of the amount in excess of $5,000 84
More than $10,000 but not more than $15,000 $97.40 plus 2.598% of the amount in excess of $10,000 85
More than $15,000 but not more than $20,000 $227.30 plus 3.247% of the amount in excess of $15,000 86
More than $20,000 but not more than $40,000 $389.65 plus 3.895% of the amount in excess of $20,000 87
More than $40,000 but not more than $80,000 $1,168.65 plus 4.546% of the amount in excess of $40,000 88
More than $80,000 but not more than $100,000 $2,987.05 plus 5.194% of the amount in excess of $80,000 89
More than $100,000 but not more than $200,000 $4,025.85 plus 6.031% of the amount in excess of $100,000 90
More than $200,000 $10,056.85 plus 6.555% of the amount in excess of $200,000 91

       (5) For taxable years beginning in 2008, 2009, or 2010: 92

OHIO ADJUSTED GROSS INCOME LESS EXEMPTIONS (INDIVIDUALS) 93
OR 94
MODIFIED OHIO 95
TAXABLE INCOME (TRUSTS) 96
OR 97
OHIO TAXABLE INCOME (ESTATES) TAX 98

$5,000 or less .618% 99
More than $5,000 but not more than $10,000 $30.90 plus 1.236% of the amount in excess of $5,000 100
More than $10,000 but not more than $15,000 $92.70 plus 2.473% of the amount in excess of $10,000 101
More than $15,000 but not more than $20,000 $216.35 plus 3.091% of the amount in excess of $15,000 102
More than $20,000 but not more than $40,000 $370.90 plus 3.708% of the amount in excess of $20,000 103
More than $40,000 but not more than $80,000 $1,112.50 plus 4.327% of the amount in excess of $40,000 104
More than $80,000 but not more than $100,000 $2,843.30 plus 4.945% of the amount in excess of $80,000 105
More than $100,000 but not more than $200,000 $3,832.30 plus 5.741% of the amount in excess of $100,000 106
More than $200,000 $9,573.30 plus 6.24% of the amount in excess of $200,000 107

       (6) For taxable years beginning in 2011 or 2012: 108

OHIO ADJUSTED GROSS INCOME LESS EXEMPTIONS (INDIVIDUALS) 109
OR 110
MODIFIED OHIO 111
TAXABLE INCOME (TRUSTS) 112
OR 113
OHIO TAXABLE INCOME (ESTATES) TAX 114

$5,000 or less .587% 115
More than $5,000 but not more than $10,000 $29.35 plus 1.174% of the amount in excess of $5,000 116
More than $10,000 but not more than $15,000 $88.05 plus 2.348% of the amount in excess of $10,000 117
More than $15,000 but not more than $20,000 $205.45 plus 2.935% of the amount in excess of $15,000 118
More than $20,000 but not more than $40,000 $352.20 plus 3.521% of the amount in excess of $20,000 119
More than $40,000 but not more than $80,000 $1,056.40 plus 4.109% of the amount in excess of $40,000 120
More than $80,000 but not more than $100,000 $2,700.00 plus 4.695% of the amount in excess of $80,000 121
More than $100,000 but not more than $200,000 $3,639.00 plus 5.451% of the amount in excess of $100,000 122
More than $200,000 $9,090.00 plus 5.925% of the amount in excess of $200,000 123

       (7) For taxable years beginning in 2013:124

OHIO ADJUSTED GROSS INCOME LESS EXEMPTIONS (INDIVIDUALS) 125
OR 126
MODIFIED OHIO 127
TAXABLE INCOME (TRUSTS) 128
OR 129
OHIO TAXABLE INCOME (ESTATES) TAX 130

$5,000 or less .537% 131
More than $5,000 but not more than $10,000 $26.86 plus 1.074% of the amount in excess of $5,000 132
More than $10,000 but not more than $15,000 $80.57 plus 2.148% of the amount in excess of $10,000 133
More than $15,000 but not more than $20,000 $187.99 plus 2.686% of the amount in excess of $15,000 134
More than $20,000 but not more than $40,000 $322.26 plus 3.222% of the amount in excess of $20,000 135
More than $40,000 but not more than $80,000 $966.61 plus 3.760% of the amount in excess of $40,000 136
More than $80,000 but not more than $100,000 $2,470.50 plus 4.296% of the amount in excess of $80,000 137
More than $100,000 but not more than $200,000 $3,329.68 plus 4.988% of the amount in excess of $100,000 138
More than $200,000 $8,317.35 plus 5.421% of the amount in excess of $200,000 139

       (8) For taxable years beginning in 2014 or thereafter:140

OHIO ADJUSTED GROSS INCOME LESS EXEMPTIONS (INDIVIDUALS) 141
OR 142
MODIFIED OHIO 143
TAXABLE INCOME (TRUSTS) 144
OR 145
OHIO TAXABLE INCOME (ESTATES) TAX 146

$5,000 or less .528% 147
More than $5,000 but not more than $10,000 $26.41 plus 1.057% of the amount in excess of $5,000 148
More than $10,000 but not more than $15,000 $79.24 plus 2.113% of the amount in excess of $10,000 149
More than $15,000 but not more than $20,000 $184.90 plus 2.642% of the amount in excess of $15,000 150
More than $20,000 but not more than $40,000 $316.98 plus 3.169% of the amount in excess of $20,000 151
More than $40,000 but not more than $80,000 $950.76 plus 3.698% of the amount in excess of $40,000 152
More than $80,000 but not more than $100,000 $2,430.00 plus 4.226% of the amount in excess of $80,000 153
More than $100,000 but not more than $200,000 $3,275.10 plus 4.906% of the amount in excess of $100,000 154
More than $200,000 $8,181.00 plus 5.333% of the amount in excess of $200,000 155

       (9) For taxable years beginning in 2015: 156

OHIO ADJUSTED GROSS INCOME LESS EXEMPTIONS (INDIVIDUALS) 157
OR 158
MODIFIED OHIO 159
TAXABLE INCOME (TRUSTS) 160
OR 161
OHIO TAXABLE INCOME (ESTATES) TAX 162

$5,000 or less .475% 163
More than $5,000 but not more than $10,000 $23.75 plus .951% of the amount in excess of $5,000 164
More than $10,000 but not more than $15,000 $71.30 plus 1.902% of the amount in excess of $10,000 165
More than $15,000 but not more than $20,000 $166.40 plus 2.378% of the amount in excess of $15,000 166
More than $20,000 but not more than $40,000 $285.30 plus 2.852% of the amount in excess of $20,000 167
More than $40,000 but not more than $80,000 $855.70 plus 3.328% of the amount in excess of $40,000 168
More than $80,000 but not more than $100,000 $2,186.90 plus 3.803% of the amount in excess of $80,000 169
More than $100,000 but not more than $200,000 $2,947.50 plus 4.415% of the amount in excess of $100,000 170
More than $200,000 $7,362.50 plus 4.800% of the amount in excess of $200,000 171

       (10) For taxable years beginning in 2016: 172

OHIO ADJUSTED GROSS INCOME LESS EXEMPTIONS (INDIVIDUALS) 173
OR 174
MODIFIED OHIO 175
TAXABLE INCOME (TRUSTS) 176
OR 177
OHIO TAXABLE INCOME (ESTATES) TAX 178

$5,000 or less .422% 179
More than $5,000 but not more than $10,000 $21.10 plus .846% of the amount in excess of $5,000 180
More than $10,000 but not more than $15,000 $63.40 plus 1.690% of the amount in excess of $10,000 181
More than $15,000 but not more than $20,000 $147.90 plus 2.114% of the amount in excess of $15,000 182
More than $20,000 but not more than $40,000 $253.60 plus 2.535% of the amount in excess of $20,000 183
More than $40,000 but not more than $80,000 $760.60 plus 2.958% of the amount in excess of $40,000 184
More than $80,000 but not more than $100,000 $1,943.80 plus 3.381% of the amount in excess of $80,000 185
More than $100,000 but not more than $200,000 $2,620.00 plus 3.925% of the amount in excess of $100,000 186
More than $200,000 $6,545.00 plus 4.266% of the amount in excess of $200,000 187

       (11) For taxable years beginning in 2017: 188

OHIO ADJUSTED GROSS INCOME LESS EXEMPTIONS (INDIVIDUALS) 189
OR 190
MODIFIED OHIO 191
TAXABLE INCOME (TRUSTS) 192
OR 193
OHIO TAXABLE INCOME (ESTATES) TAX 194

$5,000 or less .370% 195
More than $5,000 but not more than $10,000 $18.50 plus .740% of the amount in excess of $5,000 196
More than $10,000 but not more than $15,000 $55.50 plus 1.479% of the amount in excess of $10,000 197
More than $15,000 but not more than $20,000 $129.45 plus 1.849% of the amount in excess of $15,000 198
More than $20,000 but not more than $40,000 $221.90 plus 2.218% of the amount in excess of $20,000 199
More than $40,000 but not more than $80,000 $665.50 plus 2.589% of the amount in excess of $40,000 200
More than $80,000 but not more than $100,000 $1,701.10 plus 2.958% of the amount in excess of $80,000 201
More than $100,000 but not more than $200,000 $2,292.70 plus 3.434% of the amount in excess of $100,000 202
More than $200,000 $5,726.70 plus 3.733% of the amount in excess of $200,000 203

       (12) For taxable years beginning in 2018: 204

OHIO ADJUSTED GROSS INCOME LESS EXEMPTIONS (INDIVIDUALS) 205
OR 206
MODIFIED OHIO 207
TAXABLE INCOME (TRUSTS) 208
OR 209
OHIO TAXABLE INCOME (ESTATES) TAX 210

$5,000 or less .317% 211
More than $5,000 but not more than $10,000 $15.85 plus .634% of the amount in excess of $5,000 212
More than $10,000 but not more than $15,000 $47.55 plus 1.268% of the amount in excess of $10,000 213
More than $15,000 but not more than $20,000 $110.95 plus 1.585% of the amount in excess of $15,000 214
More than $20,000 but not more than $40,000 $190.20 plus 1.901% of the amount in excess of $20,000 215
More than $40,000 but not more than $80,000 $570.40 plus 2.219% of the amount in excess of $40,000 216
More than $80,000 but not more than $100,000 $1,458.00 plus 2.536% of the amount in excess of $80,000 217
More than $100,000 but not more than $200,000 $1,965.20 plus 2.944% of the amount in excess of $100,000 218
More than $200,000 $4,909.20 plus 3.200% of the amount in excess of $200,000 219

       (13) For taxable years beginning in 2019: 220

OHIO ADJUSTED GROSS INCOME LESS EXEMPTIONS (INDIVIDUALS) 221
OR 222
MODIFIED OHIO 223
TAXABLE INCOME (TRUSTS) 224
OR 225
OHIO TAXABLE INCOME (ESTATES) TAX 226

$5,000 or less .264% 227
More than $5,000 but not more than $10,000 $13.20 plus .529% of the amount in excess of $5,000 228
More than $10,000 but not more than $15,000 $39.65 plus 1.057% of the amount in excess of $10,000 229
More than $15,000 but not more than $20,000 $92.50 plus 1.321% of the amount in excess of $15,000 230
More than $20,000 but not more than $40,000 $158.55 plus 1.585% of the amount in excess of $20,000 231
More than $40,000 but not more than $80,000 $475.55 plus 1.849% of the amount in excess of $40,000 232
More than $80,000 but not more than $100,000 $1,215.15 plus 2.113% of the amount in excess of $80,000 233
More than $100,000 but not more than $200,000 $1,637.75 plus 2.453% of the amount in excess of $100,000 234
More than $200,000 $4,090.75 plus 2.667% of the amount in excess of $200,000 235

       (14) For taxable years beginning in 2020: 236

OHIO ADJUSTED GROSS INCOME LESS EXEMPTIONS (INDIVIDUALS) 237
OR 238
MODIFIED OHIO 239
TAXABLE INCOME (TRUSTS) 240
OR 241
OHIO TAXABLE INCOME (ESTATES) TAX 242

$5,000 or less .211% 243
More than $5,000 but not more than $10,000 $10.55 plus .423% of the amount in excess of $5,000 244
More than $10,000 but not more than $15,000 $31.70 plus .845% of the amount in excess of $10,000 245
More than $15,000 but not more than $20,000 $73.95 plus 1.057% of the amount in excess of $15,000 246
More than $20,000 but not more than $40,000 $126.80 plus 1.268% of the amount in excess of $20,000 247
More than $40,000 but not more than $80,000 $380.40 plus 1.479% of the amount in excess of $40,000 248
More than $80,000 but not more than $100,000 $972.00 plus 1.690% of the amount in excess of $80,000 249
More than $100,000 but not more than $200,000 $1,310.00 plus 1.962% of the amount in excess of $100,000 250
More than $200,000 $3,272.00 plus 2.133% of the amount in excess of $200,000 251

       (15) For taxable years beginning in 2021: 252

OHIO ADJUSTED GROSS INCOME LESS EXEMPTIONS (INDIVIDUALS) 253
OR 254
MODIFIED OHIO 255
TAXABLE INCOME (TRUSTS) 256
OR 257
OHIO TAXABLE INCOME (ESTATES) TAX 258

$5,000 or less .158% 259
More than $5,000 but not more than $10,000 $7.90 plus .317% of the amount in excess of $5,000 260
More than $10,000 but not more than $15,000 $23.75 plus .634% of the amount in excess of $10,000 261
More than $15,000 but not more than $20,000 $55.45 plus .793% of the amount in excess of $15,000 262
More than $20,000 but not more than $40,000 $95.10 plus .951% of the amount in excess of $20,000 263
More than $40,000 but not more than $80,000 $285.30 plus 1.109% of the amount in excess of $40,000 264
More than $80,000 but not more than $100,000 $728.90 plus 1.268% of the amount in excess of $80,000 265
More than $100,000 but not more than $200,000 $982.50 plus 1.472% of the amount in excess of $100,000 266
More than $200,000 $2,454.50 plus 1.600% of the amount in excess of $200,000 267

       (16) For taxable years beginning in 2022: 268

OHIO ADJUSTED GROSS INCOME LESS EXEMPTIONS (INDIVIDUALS) 269
OR 270
MODIFIED OHIO 271
TAXABLE INCOME (TRUSTS) 272
OR 273
OHIO TAXABLE INCOME (ESTATES) TAX 274

$5,000 or less .106% 275
More than $5,000 but not more than $10,000 $5.30 plus .211% of the amount in excess of $5,000 276
More than $10,000 but not more than $15,000 $15.85 plus .423% of the amount in excess of $10,000 277
More than $15,000 but not more than $20,000 $37.00 plus .528% of the amount in excess of $15,000 278
More than $20,000 but not more than $40,000 $63.40 plus .634% of the amount in excess of $20,000 279
More than $40,000 but not more than $80,000 $190.20 plus .740% of the amount in excess of $40,000 280
More than $80,000 but not more than $100,000 $486.20 plus .845% of the amount in excess of $80,000 281
More than $100,000 but not more than $200,000 $655.20 plus .981% of the amount in excess of $100,000 282
More than $200,000 $1,636.20 plus 1.067% of the amount in excess of $200,000 283

       (17) For taxable years beginning in 2023: 284

OHIO ADJUSTED GROSS INCOME LESS EXEMPTIONS (INDIVIDUALS) 285
OR 286
MODIFIED OHIO 287
TAXABLE INCOME (TRUSTS) 288
OR 289
OHIO TAXABLE INCOME (ESTATES) TAX 290

$5,000 or less .053% 291
More than $5,000 but not more than $10,000 $2.65 plus .106% of the amount in excess of $5,000 292
More than $10,000 but not more than $15,000 $7.95 plus .211% of the amount in excess of $10,000 293
More than $15,000 but not more than $20,000 $18.50 plus .264% of the amount in excess of $15,000 294
More than $20,000 but not more than $40,000 $31.70 plus .317% of the amount in excess of $20,000 295
More than $40,000 but not more than $80,000 $95.10 plus .370% of the amount in excess of $40,000 296
More than $80,000 but not more than $100,000 $243.10 plus .423% of the amount in excess of $80,000 297
More than $100,000 but not more than $200,000 $327.70 plus .491% of the amount in excess of $100,000 298
More than $200,000 $818.70 plus .533% of the amount in excess of $200,000 299

       (18) For taxable years beginning in 2024 or thereafter, no 300
tax.301

        Except as otherwise provided in this division, in August of 302
each year, the tax commissioner shall make a new adjustment to the 303
income amounts prescribed in this division by multiplying the 304
percentage increase in the gross domestic product deflator 305
computed that year under section 5747.025 of the Revised Code by 306
each of the income amounts resulting from the adjustment under 307
this division in the preceding year, adding the resulting product 308
to the corresponding income amount resulting from the adjustment 309
in the preceding year, and rounding the resulting sum to the 310
nearest multiple of fifty dollars. The tax commissioner also shall 311
recompute each of the tax dollar amounts to the extent necessary 312
to reflect the new adjustment of the income amounts. The rates of 313
taxation shall not be adjusted. 314

       The adjusted amounts apply to taxable years beginning in the 315
calendar year in which the adjustments are made and to taxable 316
years beginning in each ensuing calendar year until a calendar 317
year in which a new adjustment is made pursuant to this division. 318
The tax commissioner shall not make a new adjustment in any year 319
in which the amount resulting from the adjustment would be less 320
than the amount resulting from the adjustment in the preceding 321
year. The commissioner shall not make a new adjustment for taxable 322
years beginning in 2013, 2014, or 2015.323

       (B) If the director of budget and management makes a 324
certification to the tax commissioner under division (B) of 325
section 131.44 of the Revised Code, the amount of tax as 326
determined under division (A) of this section shall be reduced by 327
the percentage prescribed in that certification for taxable years 328
beginning in the calendar year in which that certification is 329
made. 330

       (C) The levy of this tax on income does not prevent a 331
municipal corporation, a joint economic development zone created 332
under section 715.691, or a joint economic development district 333
created under section 715.70 or 715.71 or sections 715.72 to 334
715.81 of the Revised Code from levying a tax on income. 335

       (D) This division applies only to taxable years of a trust 336
beginning in 2002 or thereafter. 337

       (1) The tax imposed by this section on a trust shall be 338
computed by multiplying the Ohio modified taxable income of the 339
trust by the rates prescribed by division (A) of this section. 340

       (2) A resident trust may claim a credit against the tax 341
computed under division (D) of this section equal to the lesser of 342
(1) the tax paid to another state or the District of Columbia on 343
the resident trust's modified nonbusiness income, other than the 344
portion of the resident trust's nonbusiness income that is 345
qualifying investment income as defined in section 5747.012 of the 346
Revised Code, or (2) the effective tax rate, based on modified 347
Ohio taxable income, multiplied by the resident trust's modified 348
nonbusiness income other than the portion of the resident trust's 349
nonbusiness income that is qualifying investment income. The 350
credit applies before any other applicable credits. 351

       (3) The credits enumerated in divisions (A)(1) to (13) of 352
section 5747.98 of the Revised Code do not apply to a trust 353
subject to division (D) of this section. Any credits enumerated in 354
other divisions of section 5747.98 of the Revised Code apply to a 355
trust subject to division (D) of this section. To the extent that 356
the trust distributes income for the taxable year for which a 357
credit is available to the trust, the credit shall be shared by 358
the trust and its beneficiaries. The tax commissioner and the 359
trust shall be guided by applicable regulations of the United 360
States treasury regarding the sharing of credits. 361

       (E) For the purposes of this section, "trust" means any trust 362
described in Subchapter J of Chapter 1 of the Internal Revenue 363
Code, excluding trusts that are not irrevocable as defined in 364
division (I)(3)(b) of section 5747.01 of the Revised Code and that 365
have no modified Ohio taxable income for the taxable year, 366
charitable remainder trusts, qualified funeral trusts and preneed 367
funeral contract trusts established pursuant to sections 4717.31 368
to 4717.38 of the Revised Code that are not qualified funeral 369
trusts, endowment and perpetual care trusts, qualified settlement 370
trusts and funds, designated settlement trusts and funds, and 371
trusts exempted from taxation under section 501(a) of the Internal 372
Revenue Code.373

       Sec. 5747.027.  (A) As used in this section, "income tax 374
expenditure" means any credit, deduction, exemption, or other tax 375
provision in the Revised Code that effectively exempts income from 376
the tax imposed under section 5747.02 of the Revised Code, except 377
for any such provision required to be allowed under federal law.378

       (B) For taxable years beginning on or after January 1, 2015, 379
but before January 1, 2024, a taxpayer shall not claim or take 380
more than the following percentage of the amount of any income tax 381
expenditure that the taxpayer is otherwise entitled to take or 382
claim: 383

       (1) For taxable years beginning in 2015, ninety per cent.384

       (2) For taxable years beginning in 2016, eighty per cent.385

       (3) For taxable years beginning in 2017, seventy per cent.386

       (4) For taxable years beginning in 2018, sixty per cent.387

       (5) For taxable years beginning in 2019, fifty per cent.388

       (6) For taxable years beginning in 2020, forty per cent.389

       (7) For taxable years beginning in 2021, thirty per cent.390

       (8) For taxable years beginning in 2022, twenty per cent.391

       (9) For taxable years beginning in 2023, ten per cent.392

       (C) Nothing in this section prohibits a taxpayer disallowed 393
from claiming the full amount of a credit because of this section 394
against the tax imposed under section 5747.02 of the Revised Code 395
from claiming the credit amount so disallowed against another tax, 396
provided the credit is authorized to be claimed against that other 397
tax. 398

       Sec. 5747.41. (A) For the same purposes for which the tax is 399
levied under section 5747.02 of the Revised Code, there is hereby 400
levied a withholding tax on every qualifying pass-through entity 401
having at least one qualifying investor who is an individual and 402
on every qualifying trust having at least one qualifying 403
beneficiary who is an individual. The withholding tax imposed by 404
this section is imposed on the sum of the adjusted qualifying 405
amounts of a qualifying pass-through entity's qualifying investors 406
who are individuals and on the sum of the adjusted qualifying 407
amounts of a qualifying trust's qualifying beneficiaries, at the 408
rate of five per cent of that sumprescribed in division (B) of 409
this section.410

       The tax imposed by this section applies only if the 411
qualifying entity has nexus with this state under the Constitution 412
of the United States for any portion of the qualifying entity's 413
qualifying taxable year, and the sum of the qualifying entity's 414
adjusted qualifying amounts exceeds one thousand dollars for the 415
qualifying entity's qualifying taxable year.416

       The levy of the tax under this section does not prevent a 417
municipal corporation or a joint economic development district 418
created under section 715.70 or 715.71 or sections 715.72 to 419
715.81 of the Revised Code from levying a tax on income.420

       (B) The rate of the tax levied in division (A) of this 421
section shall be one of the following:422

       (1) For qualifying taxable years beginning in or before 2014, 423
five per cent.424

       (2) For qualifying taxable years beginning in 2015, four and 425
one-half per cent.426

       (3) For qualifying taxable years beginning in 2016, four per 427
cent.428

       (4) For qualifying taxable years beginning in 2017, three and 429
one-half per cent.430

       (5) For qualifying taxable years beginning in 2018, three per 431
cent.432

       (6) For qualifying taxable years beginning in 2019, two and 433
one-half per cent.434

       (7) For qualifying taxable years beginning in 2020, two per 435
cent.436

       (8) For qualifying taxable years beginning in 2021, one and 437
one-half per cent.438

       (9) For qualifying taxable years beginning in 2022, one per 439
cent.440

       (10) For qualifying taxable years beginning in 2023, one-half 441
of one per cent.442

       (11) For qualifying taxable years beginning in 2024 or 443
thereafter, no tax.444

       Section 2.  That existing sections 5747.02 and 5747.41 of the 445
Revised Code are hereby repealed.446

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