Ohio Application for Corporation Franchise Tax Refund

Application for Corporation Franchise Tax Refund
FT_REF_GEN_072010.indd
hio

FT REF
Rev 7/10

Department of
Taxation

Application for Corporation Franchise Tax Refund
File this application with:
Ohio Department of Taxation
Business Tax Division
Corporation Franchise Tax Unit
P.O. Box 2476
Columbus, OH 43216-2476
For franchise tax report year(s)

Type or print in ink.
 Retain a copy for your records.
 See important information and law on
back.
based on accounting period(s) ending

1. Name
2. Address
3. City, state, ZIP code
4. Franchise tax ID #

Ohio charter/license #

FEIN

5. Total amount of refund claimed $
6. State full and complete reasons for above claim. Attach additional sheets, if necessary.

7. Payment of the amount upon which this refund claim is based, was made or included in the following remittance(s) (include
all payments made for the report year(s)). Attach additional payment schedule, if necessary:
Amount

Date

Amount

Date

Total Payments

=

$

Person responsible for the filing of this refund application. I declare under penalty of perjury that I'm the taxpayer or
that I'm an authorized agent of the taxpayer, having knowledge of the relevant facts in this matter to file this refund
application.
Name

Title

E-mail

Signature

Date

Phone no.

Contact person (if different from the person above responsible for filing this refund application).
Name

Title

Firm name

Daytime phone no.

Street address

Fax no.

City, state, ZIP code

E-mail address

For state use only

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Information and Pertinent Law Sections
To the extent that a refund is granted on this application, either
in whole or in part, the Department of Taxation will calculate
and include the appropriate amount of interest in the refund
payment made to the applicant. The applicant should not
include such interest in the "Total amount of refund claimed"
figure on line 5. Ohio Revised Code (R.C.) section 5733.26(B)
provides for the payment of interest as follows:

FT REF
Rev 7/10

such amount to the director of budget and management
and treasurer of state for payment from the tax refund fund
created by R.C. section 5703.052.
(C) "Ninety days" shall be substituted for "three years" in
division (B) of this section if the taxpayer satisfies both of
the following:
(1) The taxpayer has applied for a refund based in whole
or in part upon R.C. section 5733.0611;

Interest shall be allowed and paid at the rate per annum
prescribed by R.C. section 5703.47 upon amounts refunded with respect to the tax imposed by R.C. section
5733.06. The interest shall run from whichever of the following dates is the latest until the date the refund is paid:
the date of the illegal, erroneous or excessive payment;
the ninetieth day after the final date the annual report under R.C. section 5733.02 was required to be filed; or the
ninetieth day after the date that report was filed.

(2) The taxpayer asserts that the imposition or collection
of the tax imposed or charged by R.C. section 5733.06
or any portion of such tax violates the Constitution of
the United States or the constitution of this state.
(D)(1) Division (D)(2) of this section applies only if all of the
following conditions are satisfied:

If the overpayment results from the carryback of a net
capital loss to a previous taxable year, the overpayment
is deemed not to have been made prior to the filing date,
including any extension thereof, for the taxable year in
which the net capital loss arises.

(a) A qualifying pass-through entity pays an amount of
the tax imposed by R.C. section 5733.41;
(b) The taxpayer is a qualifying investor as to that qualifying pass-through entity;
(c) The taxpayer did not claim the credit provided for in
R.C. section 5733.0611 as to the tax described in
division (D)(1)(a) of this section;

Corporation franchise tax refunds are governed by R.C. section 5733.12, which provides in pertinent part as follows:
(B) Except as otherwise provided under divisions (C) and
(D) of this section, an application to refund to the corporation the amount of taxes imposed under R.C. section
5733.06 that are overpaid, paid illegally or erroneously, or
paid on any illegal, erroneous, or excessive assessment,
with interest thereon as provided by R.C. section 5733.26,
shall be filed with the tax commissioner, on the form prescribed by the commissioner, within three years from the
date of the illegal, erroneous, or excessive payment of the
tax, or within any additional period allowed by division (C)
(2) of R.C. section 5733.031, division (D)(2) of R.C. section
5733.067, or division (A) of R.C. section 5733.11.

(d) The three-year period described in division (B) of this
section has ended as to the taxable year for which the
taxpayer otherwise would have claimed that credit.
(2) A taxpayer shall file an application for refund pursuant
to this division within one year after the date the payment
described in division (D)(1)(a) of this section is made. An
application filed under this division shall only claim refund
of overpayments resulting from the taxpayer's failure to
claim the credit described in division (D)(1)(c) of this section. Nothing in this division shall be construed to relieve a
taxpayer from complying with the provisions of division (I)
(14) of R.C. section 5733.04.

On the filing of the refund application, the commissioner
shall determine the amount of refund due and certify

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