11/14/2023
Big Changes Coming To The Ohio Commercial Activities Tax (CAT)!
Businesses in Ohio are subject to the Ohio CAT when their taxable receipts exceed $150,000. “Taxable receipts” generally means sales to customers in Ohio, and the form of business doesn’t matter… sole proprietors, partnership, corporations, LLCs etc. are all potentially subject to it. In addition, businesses with 50% or more common ownership must measure their taxable receipts as a group, not individually. If taxable receipts are between $150,000 and $1 million, you’re required to file an annual return by May 10th. If receipts are over $1 million, then you’re required to file quarterly, with the fourth quarter due by February 10th.
Returns for tax year 2023 (due in 2024) must still be filed, but for about 90% of Ohio businesses, this will be your final return. For tax year 2024, the CAT has been eliminated for businesses with taxable receipts of less than $3 million, and for 2025, the threshold goes up to $6 million.
If you’ve been an annual filer (taxable receipts under $1 million), the tax you usually pay with your return due in May is actually an estimated tax payment for the following year. So, when you file your 2023 return by May 10th 2024, you won’t have any tax due for the 2023 tax year (if your receipts remained under $1 million), and you won’t owe an estimated tax payment for 2024. The 2023 return will include a box to check indicating it’s a final return, and you’ll be done.
Quarterly filers who expect gross receipts to stay under $3 million next year, might owe a final balance due for 2023, but will be able to cancel the account by checking the box on the fourth quarter return. If you expect 2024 taxable receipts to be over $3 million, you’ll continue to file quarterly for 2024, but will be able to cancel the following year if you expect to stay under $6 million for 2025. In either case, if receipts at some point exceed $6 million, under the new law as it currently stands you’ll need to reactivate your CAT account at that time.
For filers who usually have taxable receipts over $6 million, you’ll continue to file quarterly as usual, but will enjoy higher exemption amounts; again, $3 million for 2024, then $6 million for 2025 and forward.
These are the main highlights of the changes coming, there may be additional details that apply to certain businesses. As always, feel free to contact us if you have any questions about these or other tax or business planning matters.