Ohio Code 5727.23 – Preliminary or amended assessment – petition for reassessment
On or before the first Monday in October, annually, the tax commissioner shall assess the taxable property of each public utility and interexchange telecommunications company, and for tax year 2009 and thereafter of each public utility property lessor. If the taxpayer failed to file its annual report required by section 5727.08 of the Revised Code at least sixty days prior to the first Monday of October, the commissioner may make the assessment under this section within sixty days after the taxpayer files the report, but this does not preclude the commissioner from making an assessment without receiving the report.
Terms Used In Ohio Code 5727.23
- Interexchange telecommunications company: means a person that is engaged in the business of transmitting telephonic messages to, from, through, or in this state, but that is not a telephone company. See Ohio Code 5727.01
- Property: means real and personal property. See Ohio Code 1.59
- Public utility: means each person referred to as a telephone company, telegraph company, electric company, natural gas company, pipe-line company, water-works company, water transportation company, heating company, rural electric company, railroad company, combined company, or energy company. See Ohio Code 5727.01
- Public utility property lessor: means any person, other than a public utility or an interexchange telecommunications company, that leases personal property, other than in a sale and leaseback transaction, to a public utility, other than a railroad, water transportation, telephone, or telegraph company if the property would be taxable property if owned by the public utility. See Ohio Code 5727.01
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- Tax year: means the year for which property or gross receipts are subject to assessment under this chapter. See Ohio Code 5727.01
- taxable property: includes patterns, jigs, dies, and drawings of an electric company or a combined company for use in the activity of an electric company. See Ohio Code 5727.01
- Taxing district: means a municipal corporation or township, or part thereof, in which the aggregate rate of taxation is uniform. See Ohio Code 5727.01
The action of the tax commissioner shall be evidenced by a preliminary assessment that reflects the taxable value apportioned to each county and each taxing district in the county. The commissioner may amend the preliminary assessment as provided in this section. Each preliminary assessment and amended preliminary assessment shall be certified to the public utility, interexchange telecommunications company, or public utility property lessor, and to the auditor of each county to which taxable value has been apportioned.
The county auditor shall place the apportioned taxable value on the general tax list and duplicate of real and public utility property, and taxes shall be levied and collected thereon at the same rates and in the same manner as taxes are levied and collected on real property in the taxing district in question.
Unless a petition for reassessment of an assessment has been properly filed pursuant to section 5727.47 of the Revised Code, each preliminary assessment and, if amended, each preliminary assessment as last amended shall become final ninety days after certification of the preliminary assessment or thirty days after certification of the amended preliminary assessment, whichever is later. If a petition for reassessment is properly filed, the assessment shall become final when the tax commissioner issues a final determination.
Neither the certification of any preliminary or amended assessment nor the expiration of the period of time that makes any assessment final constitutes a final determination, assessment, reassessment, valuation, finding, computation, or order of the commissioner that is appealable under section 5717.02 of the Revised Code.