taxpayer is a corporation subject to the franchise
(: 2) Unchecked
(: 3) Unchecked
(: Yes) Unchecked
(1996) 75 Ohio St 3d 125
(a) Owned (average cost)
(combined) line 7 and (2) the taxpayer s related entity and related
(Reset Form) Reset Form
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(whether or not the corporations actually
1 000000
1120 Schedule
1120 Schedule B 2 line 5)
1120 Schedule G
1120 Schedule G enter the greater of line (h) or
1120 Schedule G line (j) If the total on line (b) is more than $5 000 divide $5 000 by the total and enter here
1120C
1120C
1120C
1120C contains limitation schedules to ensure that the litter tax does not exceed $5 000 for the combined group
1120C Corporation
1120E) and the request(s) for extension (Ohio
1120ER and FT
1120EX) and (2) pay the estimated tax due by the dates stated in general instructions 10A
1120VL)
2013 Corporation Franchise Tax (Combined Report)
2013 Instructions See Ohio Revised Code Section (R C ) 5733 052
5733 01(G) and 5751 01(E)
5733 04(I)(7) and (I)(8))
5733 052(B) and
A line 10
A line 7
a timely
above when such affiliates are engaged in
activities (vi) certain affiliates of insurance companies when
Add lines 5 and 6
Add lines 9 and 10 each column
Add the weighted ratios on lines 14 15 and 16 each column Enter (combined) line 6 and Schedule
additional pages if needed to reflect the number of members
Additions:
Adjustment for federal targeted jobs credit or work opportunity credit
Adjustments
Adjustments for Corporations
After completing the combined report each taxpayer on its own separate franchise tax report Ohio form 1120 the
after the elimination of intercorporate transactions between corporations in the combined group
Agency
All Ohio taxpayer corporations that as of Jan 1 of the report year meet the ownership or control requirements to
allocable excess related entity loss
Allocable excess related entity states exceeds total loss)
Allocable excess related exceeds total gain)
Allocable Income Everywhere
Allocable income everywhere (Schedule C (combined)
Allocable portion of line 3
Also analyze the related entity losses deducted from each
Amend a
Amend a Combined
Amend a Combined Franchise
Amount claimed as a credit for taxes paid by a qualifying pass through entity
Amount from each corporation s Ohio form FT 1120 Schedule B 4 line 23
An election to combine may not be changed by such taxpayers either in amended reports or reports for future years without the written consent of the tax commissioner
and 10B
and earlier qualifying purchases for which the taxpayer claimed a credit on earlier reports
and miscellaneous federal tax adjustments
and the commercial activity tax phase in
Any request for
Any request for deviation from the statutory allocation provisions must be in writing
Applicable
Apportionable excess related entity gain (if gain taxed in all states exceeds total gain) R C 5733 054(A)
Apportionable excess related entity loss (if loss taxed in all states exceeds total loss) R C 5733 054(B)
Apportionable income (line 3 minus line 4)
Apportionable related entity gains (losses) (Line 3 minus line 4 )
Apportioned Income
Apportioned income (line 7 column 1 X line 8 each column)
As a result of the Ohio corporation franchise tax phaseout
asset
Avoid Ohio Corporate Tax Report Required 2000 and revised Taxpayers requesting
B 3 (combined) line 21 Each taxpayer must then compute its own taxable income and net income base tax Each member of a combined operating loss deduction because Ohio taxable income on its 1120 Each member of the must make payment with an overpayment if the corporation
Base income (line 1 plus line 2(r))
booklet
Case No 90 M 1443 (Dec 4 1992)
Case No 90 M 1443 Dec 4 1992
Caution:
Caution:
Caution: Most corporations are not subject to
Changing the Election
column (2) We refer to the corporation shown combined report to the franchise to attach this combined
COM Nontaxpayer
COM Request for Permission to File or
COM Request for Permission to File or to
combination is timely elected under R C 5733 052(B) if any member of the combination has complied with all of the franchise tax report deadlines even if other members have not so complied Thus a taxpayer that fails to pay its estimated tax by the required dates and fails to separately
combination must complete Ohio form FT
Combined Corporation Franchise
combined franchise tax group may not change the group with respect to amended written consent of the tax commissioner
combined report (see R C 5733 06(F)) Each taxpayer s Ohio taxable income that exceeds the prorated amount is taxable at the higher franchise tax and litter tax rates Related taxpayers must prorate the $0 to $50 000 bracket on Ohio form FT
Combined Totals
Combined Totals
commissioner s permission to
Completing the Form
Contributions to an individual development account program
corporation s federal taxable income on lines 1 and 2 above For each related entity loss deducted determine the entity loss if applicable (Excess related entity by which the loss actually allocated or apportioned to other states that impose a tax on or measured exceeds the total loss from the sale or
corporations after the due date of the taxpayer s report if another corporation in the combined group has timely paid its estimated tax has timely
corporations included in a combined report must compute income in the same manner as if they were taxpayers
costs paid to related members
Credits Separately Determined and Used
Deductions:
Depreciation expense adjustment from Schedule B 4 line
Depreciation expense adjustment from Schedule B 4 line 19 miscellaneous federal tax adjustments
Dividends received (Internal Revenue Code [I R C ] 243 and
Each taxpayer in an elected combination must have income other sources within Ohio (either positive [loss]) Income from sources would be allocated or apportioned included in a combined Those taxpayer groups to combine in prior tax delete taxpayers other than dividend
Each taxpayer s proportionate share of the combined ratio Divide line 8 each column 18
Elected Combination
Enter each corporation s Ohio apportionment ratio from Schedule D (combined) line 17 Enter in column (1) the sum of the amounts in columns (2) through (5)
Enter on line 12 as a positive number each corporation s total apportionable excess related entity loss Enter in column (1) the sum of the amounts in columns (2) through (5)
Enter on line 13 each corporation s total apportionable excess related entity gain Enter in column (1) the sum of the amounts in column (2) through (5)
Enter on line 19 as a positive number each corporation s total
Enter on line 20 each corporation s total allocable excess related
Enter the lesser of (a) line 14 (combined) or (b) the line 6 (combined) times line 8 (combined)
entity gain
Exceptions to Franchise Tax Phase Out
f Distributive or proportionate share of pass through entity expenses
Federal employer I D number
Federal taxable income (IRS form 1120 line 28)
fi le Ohio form FT
fi ling
fi nancial
figures for each individual corporation and
file a combined franchise tax report
file a combined report with corporations
file a combined report)
file as members of a combined report must share one $0 to $50 000 taxable income bracket to which the 5 1% rate applies Such related taxpayers must share the $0 to $50 000 taxable income bracket regardless of whether those related taxpayer corporations actually
file in combination with other
file its request(s) for extension by the
file Ohio form FT
file the Declaration of Estimated
filed for the previous tax year does the combined report for the current tax year exclude any members that were included in the combined report year? (In answering this question do not consider corporations that franchise tax because of the phase out and do not consider corporations income or ownership requirements for a combined report as of
filed for the previous tax year does the combined report for the current tax year include any members that were not included in the combined report year?
filed its franchise tax report in combination with the taxpayer See
filed its request(s) for extension and has timely
filed report
filed within the time prescribed by R C 5733 02 as extended under R C 5733 13 A
filing and payment deadlines is subject to the applicable penalty and interest charges
filing of the 2009 franchise tax report (based on the taxable year ending in 2008)
filing this report See instructions
financial institutions (ii)
Follow the Schedule B 3
Follow the Schedule B 3 line 13 instructions contained in the Ohio corporation franchise tax report instruction booklet but do not determine the R C 5733 055 limitation on a company basis
following companies remain subject to the franchise tax for tax years 2010 and thereafter: (i)
following year
following: (1) the taxpayer s apportioned income from Schedule B
For all but the companies described below the
For franchise tax report years 2007 and thereafter only the grant is available because the taxable years for all taxpayers for all such report years will end after the June 30 2005 effective date
For new manufacturing machinery and equipment purchased after Dec 31 2000 a qualifying controlled group must compute the 7 5% 13 5% manufacturer s credit (grant) on a consolidated basis and for new manufacturing machinery and equipment purchased before Jan 1 2001 a qualifying controlled group can elect to compute the 7 5% 13 5% manufacturer s credit (grant) on a consolidated basis See R C 5733 33(I) and 122 173(I) The term qualifying controlled group means two or more corporations that meet the R C 5733 052(A) ownership and control requirements to
For purposes of determining net value of stock on the the taxpayer s separate company apportionment Schedule D 2 Ohio 1120 See R C 5733 05(
For purposes of determining whether members of a combined group are required to pay by electronic fund transfer (EFT) group members must add together their tax liabilities after reduction for nonrefundable credits for the second preceding tax year If the combined group s aggregate tax liability after reduction for nonrefundable credits for the second preceding tax year exceeded $50 000 then for the current tax year each
For taxable years ending on or after July 1 2005 the R C 5733 33 manufacturer s credit converted to a nonrefundable grant administered by the Ohio Development Services
For taxable years ending on or after June 26 2003 all income gain loss and expense is presumed to be business income See instructions Compute each taxpayer s income allocable to Ohio on Schedule C
form FT
form FT
Franchise
franchise tax phase out was complete with the
From each taxpayer s Ohio form FT
from line (a) above on its separate Ohio form FT
gain from the sale of Ohio public obligations
holding companies (iii) bank holding companies (iv) savings and loan holding companies (v) affiliates of entities described in (i) through
However each member of a combined report that fails to comply
If a combined report was
if negative enter in parentheses)
If on Jan 1 of the tax year
If the corporation is subject to the franchise
If the denominator of any other factors must be proportionately of factors used is 100% apportionment ratio applies only to the net income basis
If the members of the combined corporations please show report If the combined
If the total on line (b) is not more than $5 000 enter each taxpayer s tier one litter tax
If yes please
Included in a Combined Franchise
included in the combination
income
institutiontype
instruction booklet
Interest and Penalty; Estimated Payments
Interest expense and intangible expense paid to related members R C 5733 04(I)(13) and 5733 042
Interest on Ohio public obligations and purchase obligations and
Lead Corporation
Lead Corporation
Lead Corporation See Note below
Less intercorporate sales
liation Schedule
line (i) but not more than $5 000
line 11 in the Ohio corporation franchise tax report instruction
Line 14
Line 8
line instructions in the Ohio corporation franchise tax report instruction booklet For each corporation included in the combined report enter the line item amounts in the column for that corporation Enter in column
Lines 1 2 4 6 and 10
Lines 12 and 19
Lines 13 and 20
Loss from the sale of Ohio public obligations
may elect to combine net income with such other taxpayer corporations
member adjustment from Schedule
member must remit its payments by EFT
member to a previously elected combination is a change in the combined The Tranzonic Companies and Subs v Tracy BTA
most corporations are not subject to the franchise tax for tax years (report years) 2010 and thereafter Corporations that are not subject to the 2013 franchise tax (based on the taxable year ending in 2012) have
Multiply amounts on line (a) by line (c) Enter here and on Ohio form FT
Multiply line 16 by line 17 each
Name of corporation
Name of corporation
Name of corporation Ending date of taxable year
nancial
Net adjustment to federal taxable income (line 2(g) minus
Net everywhere sales
Net income from an exempted investment in a public utility
Net income from foreign sources (Ohio form FT
Net interest from exempt U S obligations
net interest income and net intangible income taxed by other states R C 5733 055
Net loss from an exempted investment in a public utility
Net Ohio sales
no report year 2013 franchise tax payment or
Nonbusiness
Note 1:
Note 2:
Note 3:
Note:
Note:
obligation
of each taxpayer s separate franchise tax report Ohio form FT
of the new law
Ohio apportioned income (line 5 column Enter each taxpayer s apportioned income on the taxpayer s
Ohio apportionment ratio (Schedule D (combined) column)
Ohio apportionment ratio (Schedule D (combined) line 17 each column)
Ohio franchise tax I D number
Ohio Income Requirement
OTAS Ohio
owned by an individual may elect to combine net income and brother sister taxpayer corporations owned by a parent corporation may elect to combine net income without inclusion of the parent corporation However where less than all eligible taxpayer corporations elect to combine net income the must include an explanation for the nonparticipation eligible taxpayer corporations Net worth is not member of a combined report must determine net worth base tax on its separate franchise
Page 5
paid to losses incurred from transactions with and excess inventory
Payment by Electronic Funds Transfer
Payroll (line 3 each column divided by line 4 column 1)
Payroll (multiply line 12 each column by
Payroll everywhere
Payroll Ohio
Property (line 1(c) each column divided by line 2(c) column
Property (multiply line 11 each column by 20)
Property everywhere (a) Owned (average cost)
Property Ohio
Questionnaire (you must complete this schedule)
Ratio
Ratios (carry to six decimal places)
Related entity 18 19 and amount on taxpayer s separate 1120 Schedule
Related entity gains (losses) allocable to Ohio
Related entity gains (losses) from sale of investments in stock or debt R C 5733 04(I)(12)(a)
Related entity gains (losses) from sale of other intangible property R C 5733 04(I)(12)(b)
Related Entity/Member
Related members
Rented (annual rental x 8)
Report
report is timely if it is
requests a credit estimated tax
required dates may nevertheless
Required or Permitted Combination
Rev 10/12
Rev 10/12 Page 2
Rev 10/12 Page 3
Rev 10/12 Page 4
Rev 10/12 Page 6
Review the instructions for Schedule B 3
Review the instructions for Schedule B 3 line 12 in the Ohio corporation franchise tax report instruction Also analyze the related entity gains added to each federal taxable income on lines 1 and 2 above For entity gain added determine the excess related applicable (Excess related entity gain is the the gain actually allocated or apportioned states that impose a tax on or measured
Roxane Laboratories Inc v Tracy
Sales (line 7 each column divided by line 10 column
Sales (multiply line 13 each column
Sales everywhere
Sales Ohio
Schedule B (Combined) Computation of
Schedule B 3 (Combined)
Schedule B 3 (combined) must be completed in accordance with the instructions below (see May 6 1992 franchise tax information release Schedule B 3 (combined) Related Entity and Related Member
Schedule B 3 (Combined) Related Entity and Related Member
Schedule C (Combined)
Schedule D (Combined) Apportionment Ratio
See R C 5733 04(M)
See the department s information release entitled 482 Study:
seeking to change their existing combination must
separate Ohio form FT
Sharing the $0 to $50 000 Tax Bracket; Litter Tax Limitation
such affiliates are engaged in insurance type activities and (vii) securitization companies described in R C 5751 01(E)(10) See
Tax (Combined Report) Complete Combined Report Schedules B B 3 C (everywhere) and D in columnar form showing the line item
Tax (Ohio form FT
tax for report year 2013 and if the taxpayer on Jan 1 of the tax year owns or controls either directly or indirectly more than 50% of the voting stock of one or more taxpayer corporations
Tax Report
Tax Report ) Complete
Taxpayer Affi
Taxpayers
Taxpayers Seeking
Taxpayers that elect to combine must do so in
Taxpayers whose voting stock on Jan 1 of the tax year is more than 50% owned or controlled either directly or indirectly by another corporation or by related interests may also elect to combine net income
that are not taxpayers must
That is brother sister taxpayer corporations
that provides for the credit specifically states otherwise each taxpayer in the combined group must separately determine and use any franchise tax credits to which the taxpayer is entitled
The addition of a new
The addition of a new member to a previously elected combination is a change in the combined group See
the combined report s more than 50% ownership requirement is met (see Elected Combination paragraph above) the commissioner may require or permit a taxpayer and corporation to combine their net income (whether corporation is a taxpayer and whether or not the has income from sources within Ohio on a separate basis)
the combined totals of each line item
The deletion from the combination of a member that is no longer subject to the franchise tax because of the phase out is not a change in the election
The department will require franchise tax and will pursue expanded combinations ascertains that the failure to combine of income fairly apportioned and allocated of ascertaining whether such income department will consider all
The excess related entity gain adjustment is limited to that portion of each gain actually allocated to Ohio on line 10 or apportioned to Ohio on line 9 ) If an excess related entity gain is attributable to an apportionable gain the excess related entity gain is apportionable on line 13
The excess related entity loss adjustment is limited to that portion of each loss actually allocated to Ohio on line 10 or apportioned to Ohio on line 9 ) If an excess related entity loss is attributable to a loss that was allocated in whole or in part to Ohio the excess related entity loss is allocable on line 19 If an excess related entity loss is attributable to an apportionable loss the excess related entity loss is apportionable on line 12
The overpayment of one member cannot be netted against the balance due of any other member
The proration however made applies
The R C 5733 055 limitation is determined on a combined basis on line 15 Schedule B 3 (combined) corporation included in the combined report enter amount in the column for that corporation Enter sum of the amounts in columns (2) through
The related member adjustments apply to all corporations that pay interest expense or intangible expense to certain related members
the sum of the amounts of columns (2) through (5)
the total gain from the sale or other disposition of the asset
The Tranzonic Companies and Subs
This is so even for the 1/7 amounts from 2005
Tier One Litter Tax Limitation Tier One Tax is Limited to $5 000 for the Combined Group
Timely Election
To avoid penalty and interest each member of a combined franchise tax report must: (1) separately and timely
to both the franchise tax and the litter tax In addition Ohio
Total (enter on Schedule B (combined) line 4)
Total additions (add lines 2a through 2f)
Total deductions (add lines 2h through 2p)
Total everywhere
Total of lines 12 13 and 15
Total of the amounts on line (a)
Total Ohio
Total related entity gains (losses) (Add lines 1 and 2 )
Tracy BTA
Two or more corporations filing in
Unless the statute
Valuation limitation on gains (Ohio form FT
Valuation limitation on losses (Ohio form FT
Weighted Apportionment
Weighted apportionment ratio
with the