us-oh/stat
Ohio Rev. Code § 5729.102
Application for refund - assessment of deficiency
# (A)
An application to refund to a foreign insurance company any taxes imposed by section 3737.71 of the Revised Code or amounts imposed under this chapter that are overpaid, paid illegally or erroneously, or paid on any illegal, erroneous, or excessive assessment, with interest thereon as provided by section 5729.101 of the Revised Code, shall be filed with the superintendent of insurance, on the form prescribed by the superintendent, within three years after the date of the illegal, erroneous, or excessive payment. No refund shall be allowed unless an application has been filed in accordance with this section. The time limit imposed under this division may be extended if both the foreign insurance company and the superintendent of insurance agree in writing to the extension.
# (B)
Except as otherwise provided in this division, the superintendent may make an assessment against a foreign insurance company for any deficiency for the period for which a report, tax return, or tax payment is due for any taxes imposed by section 3737.71 of the Revised Code or this chapter, based on any information in the superintendent's possession. No assessment shall be made against a foreign insurance company more than three years after the later of the final date the report, tax return, or tax payment subject to the assessment was required to be filed or paid, or the date the report or tax return was filed, provided that there shall be no bar if the foreign insurance company failed to file the required report or tax return or if the deficiency results from fraud or any felonious act. The time limit may be extended if both the foreign insurance company and the superintendent agree in writing to the extension. For the purposes of this division, an assessment is made on the date the notification of the assessment is sent by the department of insurance or the date of an invoice for the assessment from the treasurer of state, whichever is earlier.
Last updated March 9, 2023 at 1:55 PM
Source: view the official text
In this chapter (26 sections)
- 5729.01 · Return premiums
- 5729.02 · Annual statements of foreign insurance companies
- 5729.03 · Computation and collection of tax
- 5729.04 · Gross premiums of mutual and stock insurance companies
- 5729.05 · Payment of tax - due date - refund
- 5729.06 · Retaliatory tax rate
- 5729.07 · Eligible employee training costs tax credit
- 5729.08 · Issuance of tax credits by Ohio venture capital authority
- 5729.09 · Annual report required of chief officer
- 5729.10 · Revocation of license for failure to pay tax or make report -…
- 5729.11 · Penalty for nonpayment of taxes
- 5729.12 · Inspection of books by superintendent of insurance
- 5729.13 · Revocation of right to do business
- 5729.14 · Right to deny admission to companies which violate laws
- 5729.15 · Expenses of inspection to be paid by company
- 5729.16 · Nonrefundable credit for foreign insurance company holding a…
- 5729.17 · Tax credit for insurer that owns a rehabilitation tax credit…
- 5729.18 · Transformational mixed use development tax credit
- 5729.19 · State low-income housing tax credit
- 5729.20 · Tax credit for single-family housing development
- 5729.21 · Opportunity zone investment tax credit
- 5729.031 · Credit against imposed tax
- 5729.032 · Refundable credit against tax on foreign insurance company
- 5729.98 · Order of claims for tax credits and offsets
- 5729.101 · Late returns - computation and accrual of interest
- 5729.102 · Application for refund - assessment of deficiency