Ohio Code 5747.012 – Tax treatment of qualifying investment income from pass-through entity
This section applies for the purposes of divisions (AA)(3) and (4)(a)(ii) of section 5747.01 of the Revised Code.
Terms Used In Ohio Code 5747.012
- Another: when used to designate the owner of property which is the subject of an offense, includes not only natural persons but also every other owner of property. See Ohio Code 1.02
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
- Business income: includes income, including gain or loss, from a partial or complete liquidation of a business, including, but not limited to, gain or loss from the sale or other disposition of goodwill or the sale of an equity or ownership interest in a business. See Ohio Code 5747.01
- Individual: means any natural person. See Ohio Code 5747.01
- Intangible property: Property that has no intrinsic value, but is merely the evidence of value such as stock certificates, bonds, and promissory notes.
- Modified nonbusiness income: means a trust's Ohio taxable income other than modified business income, other than the qualifying trust amount, and other than qualifying investment income, as defined in section 5747. See Ohio Code 5747.01
- Nonbusiness income: means all income other than business income and may include, but is not limited to, compensation, rents and royalties from real or tangible personal property, capital gains, interest, dividends and distributions, patent or copyright royalties, or lottery winnings, prizes, and awards. See Ohio Code 5747.01
- Property: means real and personal property. See Ohio Code 1.59
- Taxable year: means the calendar year or the taxpayer's fiscal year ending during the calendar year, or fractional part thereof, upon which the adjusted gross income is calculated pursuant to this chapter. See Ohio Code 5747.01
(A) As used in this section:
(1)(a) Except as set forth in division (A)(1)(b) of this section, “qualifying investment income” means the portion of a qualifying investment pass-through entity’s net income attributable to transaction fees in connection with the acquisition, ownership, or disposition of intangible property; loan fees; financing fees; consent fees; waiver fees; application fees; net management fees; dividend income; interest income; net capital gains from the sale or exchange or other disposition of intangible property; and all types and classifications of income attributable to distributive shares of income from other pass-through entities.
(b)(i) Notwithstanding division (A)(1)(a) of this section, “qualifying investment income” does not include any part of the qualifying investment pass-through entity’s net capital gain which, after the application of section 5747.231 of the Revised Code with respect to a trust, would also constitute a qualifying trust amount.
(ii) Notwithstanding division (A)(1)(a) of this section, “qualifying investment income” does not include any part of the qualifying investment pass-through entity’s net income attributable to the portion of a distributive share of income directly or indirectly from another pass-through entity to the extent such portion constitutes the other pass-through entity’s net capital gain which, after the application of section 5747.231 of the Revised Code with respect to a trust, would also constitute a qualifying trust amount.
(2) “Qualifying investment pass-through entity” means an investment pass-through entity, as defined in section 5733.401 of the Revised Code, subject to the following qualifications:
(a) “Forty per cent” shall be substituted for “ninety per cent” wherever “ninety per cent” appears in section 5733.401 of the Revised Code.
(b) The pass-through entity must have been formed or organized as an entity prior to June 5, 2002, and must exist as a pass-through entity for all of the taxable year of the trust.
(c) The qualifying section 5747.012 trust or related persons to the qualifying section 5747.012 trust must directly or indirectly own at least five per cent of the equity of the investment pass-through entity each day of the entity’s fiscal or calendar year ending within or with the last day of the qualifying section 5747.012 trust’s taxable year;
(d) During the investment pass-through entity’s calendar or fiscal year ending within or with the last day of the qualifying section 5747.012 trust’s taxable year, the qualifying section 5747.012 trust or related persons of or to the qualifying section 5747.012 trust must, on each day of the investment pass-through entity’s year, own directly, or own through equity investments in other pass-through entities, more than sixty per cent of the equity of the investment pass-through entity.
(B) “Qualifying section 5747.012 trust” means a trust satisfying one of the following:
(1) The trust was created prior to, and was irrevocable on, June 5, 2002; or
(2) If the trust was created after June 4, 2002, or if the trust became irrevocable after June 4, 2002, then at least eighty per cent of the assets transferred to the trust must have been previously owned by related persons to the trust or by a trust created prior to June 5, 2002, under which the creator did not retain the power to change beneficiaries, amend the trust, or revoke the trust. For purposes of division (B)(2) of this section, the power to substitute property of equal value shall not be considered to be a power to change beneficiaries, amend the trust, or revoke the trust.
(C) For the purposes of this section, “related persons” means the family of a qualifying individual beneficiary, as defined in division (A)(5) of section 5747.011 of the Revised Code. For the purposes of this division, “family” has the same meaning as in division (A)(6) of section 5747.011 of the Revised Code.
(D) For the purposes of applying divisions (A)(2)(c), (A)(2)(d), and (B)(2) of this section, the related persons or the qualifying section 5747.012 trust, as the case may be, shall be deemed to own the equity of the investment pass-through entity after the application of division (B) of section 5747.011 of the Revised Code.
(E) “Irrevocable” has the same meaning as in division (I)(3)(b) of section 5747.01 of the Revised Code.
(F) Nothing in this section requires any item of income, gain, or loss not satisfying the definition of qualifying investment income to be treated as modified nonbusiness income. Any item of income, gain, or loss that is not qualifying investment income is modified business income, modified nonbusiness income, or a qualifying trust amount, as the case may be.