Ohio Code § 718.89

§ 718.89.

(A) In addition to any other penalty imposed by sections 718.80 to 718.95 or Chapter

5703. of the Revised Code, the following penalties shall apply: (1) If a taxpayer required to file a tax return under sections 718.80 to 718.95 of the Revised Code fails to make and file the return within the time prescribed, including any extensions

of time granted by the tax commissioner, the commissioner may impose a penalty not

exceeding twenty-five dollars, except that the commissioner shall abate or refund

the penalty assessed on a taxpayer's first failure to timely file a return after the

taxpayer files that return. (2) If a person required to file a tax return electronically under sections 718.80 to 718.95 of the Revised Code fails to do so, the commissioner may impose a penalty not to exceed the following: (a) For each of the first two failures, five per cent of the amount required to be reported

on the return; (b) For the third and any subsequent failure, ten per cent of the amount required to

be reported on the return. (3) If a taxpayer that has made the election allowed under section 718.80 of the Revised Code fails to timely pay an amount of tax required to be paid under this chapter, the

commissioner may impose a penalty equal to fifteen per cent of the amount not timely

paid. (4) If a taxpayer files what purports to be a tax return required by sections 718.80 to 718.95 of the Revised Code that does not contain information upon which the substantial correctness of the return

may be judged or contains information that on its face indicates that the return is

substantially incorrect, and the filing of the return in that manner is due to a position

that is frivolous or a desire that is apparent from the return to delay or impede

the administration of sections 718.80 to 718.95 of the Revised Code , a penalty of up to five hundred dollars may be imposed. (5) If a taxpayer makes a fraudulent attempt to evade the reporting or payment of the

tax required to be shown on any return required under sections 718.80 to 718.95 of the Revised Code , a penalty may be imposed not exceeding the greater of one thousand dollars or one

hundred per cent of the tax required to be shown on the return. (6) If any person makes a false or fraudulent claim for a refund under section 718.91 of the Revised Code , a penalty may be imposed not exceeding the greater of one thousand dollars or one

hundred per cent of the claim.  Any penalty imposed under this division, any refund issued on the claim, and interest

on any refund from the date of the refund, may be assessed under section 718.90 of the Revised Code without regard to any time limitation for the assessment imposed by division (A)

of that section. (B) For purposes of this section, the tax required to be shown on a tax return shall

be reduced by the amount of any part of the tax paid on or before the date, including

any extensions of the date, prescribed for filing the return. (C) Each penalty imposed under this section shall be in addition to any other penalty

imposed under this section.  All or part of any penalty imposed under this section may be abated by the tax commissioner.  The commissioner may adopt rules governing the imposition and abatement of such

penalties. (D) All amounts collected under this section shall be considered as taxes collected under sections 718.80 to 718.95 of the Revised Code and shall be credited and distributed to municipal corporations in the same proportion

as the underlying tax liability is required to be distributed to such municipal corporations

under section 718.83 of the Revised Code .