§ 311-47. Credit for Tax Paid to Another Municipality/Joint Economic Development District.

(a)

Residents.

(i)

When a resident is subject to and has paid, or has acknowledged liability for, a municipal income tax in another taxing municipality or Joint Economic Development Zone or District on the same income taxable under this chapter, regardless of whether such other taxing municipality or Joint Economic Development Zone or District allows credit to its nonresidents, such resident may claim a credit against the tax imposed by this chapter in an amount equal to the lesser of the amount of such tax paid to such other taxing municipality or Joint Economic Development Zone or District, or the municipal income tax imposed by this chapter on such income. In no case shall the credit exceed the tax assessed under this chapter on the resident's taxable income that is also subject to tax in another taxing municipality or Joint Economic Development Zone or District.

(ii)

A resident owner of a pass-through entity that does not conduct business in the Municipality and that has paid, or has acknowledged liability for, an income tax in another taxing municipality or Joint Economic Development Zone or District may claim a credit equal to the lesser of the following amounts:

(1)

The resident owner's proportionate share of the amount, if any, of income tax paid by the pass-through entity to another taxing municipality or Joint Economic Development Zone or District in the State; or

(2)

The resident owner's proportionate share of the amount of municipal income tax that would be imposed on the pass-through entity if the pass-through entity conducted business in the Municipality.

In no case shall the credit authorized by this Section 311-47(ii) exceed the municipal income tax assessed by the Municipality under this chapter on the taxable income that is also subject to tax in another taxing municipality or Joint Economic Development Zone or District.

(iii)

Where applicable, the credits provided by Ohio Revised Code sections 718.021 and 718.121 shall be available to residents, and the credit provided by Section 311-29 shall be available to resident owners.

(b)

Nonresidents. Except as provided in Ohio Revised Code sections 718.021 and 718.121 and Section 311-29, when a nonresident is subject to the tax imposed by this chapter and is also subject to tax on the same income in the municipal corporation in which the nonresident resides, such nonresident shall not be allowed any credit against or claim of refund for municipal income tax paid to the other municipality, and the Municipality will not acknowledge or allow any claim for refund of any portion of the municipal income tax so levied.

(c)

Claim for Credit. The credits provided for in this Section 311-47 shall be claimed in a timely return or form acceptable to, and filed with, the tax commissioner. In the event a taxpayer fails, neglects or refuses to file such timely return or form, the taxpayer shall be liable for such interest and penalties, both civil and criminal, as are prescribed in this chapter.

(d)

No credit shall be given to any taxpayer for any school district income tax.

(Ordained by Emer. Ord. No. 363-2015, § 2, eff. Jan. 1, 2016; a. Ord. No. 019-2018, § 1, eff. March 22, 2018)