Ready or not, all Ohio municipalities will be welcoming a slew of new provisions designed to bring about a unified system of income tax reporting. House Bill 5 was signed into law by Gov. Kasich on Dec. 19, 2014. The bill, which was championed by the Ohio Society of CPAs and supporters, helped streamline several key measures that help establish meaningful municipal tax reform. Per the legislation, many key provisions are scheduled to take effect at the first of the year. Here are four facts about the changes that you need to become familiar with:
For more insight into why these changes were necessary, read: Tackling Ohio’s Tough Municipal Tax Issues
1. Due dates have changed.
Municipalities will have to adhere to new withholding due dates with regard to their monthly filing and payment requirements. They are due on the 15th following the month they were withheld. Due dates for quarterly filing and payments will be on the 15th day of the month following the end of the quarter.
2. New withholding thresholds.
If you withheld more than $2,399 in municipal taxes during the last calendar year or more than $200 during one or more months during the recent quarter, you will now be required to file your withholdings monthly.
3. A defining moment for temporary work sites.
An employer is not required to withhold municipal income tax on qualifying wages for the performance of personal services in a municipal corporation that imposes such a tax if the employee performed such services in the municipality on 20 or fewer days in a calendar year, unless one of the following conditions apply:
- The employee’s principal place of work is located in the municipal corporation.
- The individual is a professional entertainer or professional athlete, the promoter of a professional entertainment or sports event, or an employee of such a promoter.
- The employee performed services at one or more “Presumed Worksite Locations.”
- The employee is a resident of the municipal corporation and has requested that the employer withhold tax from the employee’s qualifying wages.
If an employer does not withhold for those first 20 days, they have to withhold the principal place of work’s municipal income tax. Because it’s impossible to be in two places at once (a rule that is just as true in accounting as it is in the metaphysical world) special guidelines are needed for those employees who work in more than municipality on a given calendar day. If an employee works in multiple municipalities in a single workday, for example, the municipality that they worked in the most number of hours would be the one that would be counted for that day. The rules that govern this provision are very detailed. Click here to read more. Once the employee exceeds the 20 day threshold, taxes must be withheld for that municipality. Retroactive withholding, however, is NOT required.
4. New rules for small businesses.
If your business earned less than $500 thousand over the preceding taxable year, the government considers your establishment to be a small employer, which means that the withholding process is just a little different. Small businesses must withhold municipal income tax on all employees’ qualifying wages and remit that that tax only to the municipal corporation in which the employer’s fixed location is located – regardless of the number of calendar days worked throughout the year. Further clarification can be found here. Federal government, state government, state agency or municipalities, political subdivision or any entity treated as a government for financial accounting and reporting are excluded from the small business rule.
Additional information can be found here. In the meantime, if you want to learn more about the upcoming changes and how you can remain compliant with these new provisions; email Rea & Associates and ask to speak with one of our tax experts.