Ohio Commercial Activity Tax Bright-line Nexus Constitutional-What to do now?

The Ohio Supreme Court recently held that the bright-line presence nexus standard for Ohio Commercial Activity Tax (“CAT”) does not violate the U.S. Constitution. Many taxpayers have pending audits or…

Continue ReadingOhio Commercial Activity Tax Bright-line Nexus Constitutional-What to do now?

Ohio Income Tax: Dividends from accumulated C corporation earnings retain their character and are non-taxable to nonresident shareholders.

The Ohio Supreme Court encountered a relatively unique situation in Giddens v. Testa, 2016-Ohio-8412. The two shareholders of Redneck, Inc., who resided in Missouri, received large dividends in 2008, at…

Continue ReadingOhio Income Tax: Dividends from accumulated C corporation earnings retain their character and are non-taxable to nonresident shareholders.

Ohio Supreme Court upholds bright-line nexus standard for Commercial Activity Tax; Remote vendors subject to Ohio tax even if lacking physical presence.

In a 5-2 decision, the Ohio Supreme Court found that the $500,000 gross receipts in Ohio standard for creating substantial nexus for the commercial activity tax (CAT) is constitutional. “We…

Continue ReadingOhio Supreme Court upholds bright-line nexus standard for Commercial Activity Tax; Remote vendors subject to Ohio tax even if lacking physical presence.

Ohio Commercial Activity Tax: The Agency Exclusion can provide significant tax reductions with proper planning.

Ohio Commercial Activity Tax includes a significant exclusion from gross receipts for amounts received by a taxpayer acting in an agency capacity. R.C. 5751.01(F)(2)(I) excludes “property, money, and other amounts…

Continue ReadingOhio Commercial Activity Tax: The Agency Exclusion can provide significant tax reductions with proper planning.

Another stab at reversing Quill: Will Congress expand sales tax collection to online retailer?

The House Judiciary Committee recently released draft legislation that would implement a clearinghouse system for sales tax collection by online retailers. The proposed bill, dubbed the Online Sales Simplification Act…

Continue ReadingAnother stab at reversing Quill: Will Congress expand sales tax collection to online retailer?

Buckingham obtains full vindication for Congressman Renacci, earning six figure refund as decided by Ohio Supreme Court

Ohio Supreme Court mandates Ohio Tax Commissioner refund Congressman Jim Renacci $359,822  plus interest. Represented by Buckingham Tax Attorney, Steven A. Dimengo, and Litigator, Matthew R. Duncan, U.S. Congressman Jim…

Continue ReadingBuckingham obtains full vindication for Congressman Renacci, earning six figure refund as decided by Ohio Supreme Court

Ohio Sales & Use Tax: Digital Advertising Recognized as Nontaxable, but HB 466 Falls Short of Comprehensive Solution to Taxing on Services Delivered Online.

As we previously posted, the Ohio Department of Taxation has taken an extremely expansive view of taxable electronic information services (EIS). Per the Department, EIS essentially includes any services delivered…

Continue ReadingOhio Sales & Use Tax: Digital Advertising Recognized as Nontaxable, but HB 466 Falls Short of Comprehensive Solution to Taxing on Services Delivered Online.