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January 21, 2009

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Ohio’s Commercial Activity Tax: Almost Fully Phased-in, But Here to Stay?

The Ohio Commercial Activity Tax (CAT) will entirely replace the state’s corporate franchise tax as of March 31, 2009. But the broad-based tax on the privilege of doing business in Ohio has come under fire from several quarters. In September, an Ohio Court of Appeals held that the CAT violates the state’s constitutional prohibition against imposing excise taxes on certain sales of food.

Join Thomas M. Zaino, J.D., CPA, a former Ohio tax commissioner who played an integral role in developing the CAT, for a discussion of the implications of the appellate court’s ruling. Zaino, who is currently the chair of the Multistate Tax Practice Group and member-in-charge of the Columbus Ohio office of McDonald Hopkins LLC will discuss the items listed below.

Presentation Objectives

During this 60-90 minute presentation, attendees will learn:

  • the requirement to continue to report and pay the CAT while the appeal is pending;
  • last-minute tips for taxpayers subject to the Feb. 9 annual filing deadline;
  • federal and state constitutional limitations imposed on the state's power to levy the CAT, and the applicability of federal statutory limitation Pub. L. No. 86–272 to Ohio's power to assess the tax;
  • how to compute the CAT, and an overview of the situsing rules that apply to various sales, leases, and services;
  • requirements that apply to combined taxpayer groups, common owners, and consolidated elected taxpayer groups; and
  • filing requirements and procedural issues, including an overview of audit, assessment, and appeal procedures.

Recorded on January 21, 2009, this audio event is available on CD for purchase.

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