us-oh/stat
Ohio Rev. Code § 5741.13
Assessment for failure to make return or pay tax
# (A)
Except as provided in division (B) of this section:
# (1)
If any person required by section 5741.12 of the Revised Code to make a return to the tax commissioner fails to make such return at the time required by or under authority of such section, the commissioner may make an assessment against such person, based upon any information within the commissioner's possession. The commissioner shall give to such person written notice of the assessment as provided in section 5703.37 of the Revised Code.
# (2)
If information in the possession of the commissioner indicates that the tax paid by any consumer is less than that due, the commissioner may audit a representative sample of that consumer's purchases and may issue an assessment based thereon. The commissioner shall make a good faith effort to reach agreement with the consumer on selecting a representative sample.
# (3)
If information in the possession of the commissioner indicates that the amount required to be collected or paid under this chapter is greater than the amount remitted by the seller, the commissioner may audit a representative sample of the seller's sales to determine the per cent of exempt or taxable transactions or the effective tax rate and may issue an assessment based on the audit. The commissioner shall make a good faith effort to reach agreement with the seller in selecting a representative sample.
# (B)
The commissioner may audit only the marketplace facilitator for sales with respect to which the marketplace facilitator is treated as the seller pursuant to division (E) of section 5741.01 of the Revised Code and may not audit the marketplace seller on behalf of which the sale was facilitated. This division does not absolve a marketplace seller or the purchaser from personal liability under division (B) of section 5741.11 of the Revised Code for taxes that are not properly collected, paid, or remitted due to the inability of the marketplace facilitator to obtain accurate information about the sale from the marketplace seller.
Source: view the official text
In this chapter (32 sections)
- 5741.01 · Definitions
- 5741.02 · Levy of tax - rate - exemptions
- 5741.03 · Use of revenue
- 5741.04 · Collection, reporting and remission of tax by seller
- 5741.05 · Seller to determine jurisdiction for which to collect tax
- 5741.06 · Powers and duties of tax commissioner - prepayment of tax
- 5741.07 · Rights of marketplace facilitator treated as seller
- 5741.08 · Notification of change in county or transit authority…
- 5741.10 · Refunds
- 5741.11 · Liability of seller for failure to collect and remit tax
- 5741.12 · Return required by seller or user - payment of tax
- 5741.13 · Assessment for failure to make return or pay tax
- 5741.14 · Procedures relating to assessments
- 5741.15 · Inspection of records by tax commissioner
- 5741.16 · Four-year limitation for assessment against seller or…
- 5741.17 · Registration of sellers with tax commissioner
- 5741.19 · Prohibition against refusal to pay tax
- 5741.021 · Additional county use tax
- 5741.21 · Seller to collect tax - prohibition against rebates
- 5741.022 · Transit authority levy
- 5741.22 · Failure to file return
- 5741.023 · County use tax for specific purposes
- 5741.23 · Right of county or transit authority to levy additional tax…
- 5741.24 · Commissioner may delegate investigation powers - cooperation…
- 5741.25 · Failure to file or make payment
- 5741.031 · Deposit and use of funds
- 5741.071 · Waiver for facilitator not to be treated as a seller
- 5741.072 · Delivery network company waiver
- 5741.99 · Penalty
- 5741.101 · Refund may be applied in satisfaction of debt due state
- 5741.121 · Tax payments by electronic funds transfer
- 5741.122 · Returns of taxpayers using electronic funds transfer