Client Alerts, News Articles & Blog Posts

Everything you need to know about BMD and the industry.

State of Ohio & Cities Extend Tax Filing Deadline

On March 27, Governor DeWine signed a bill passed by the legislature to provide tax relief to Ohio taxpayers. 

Filing Relief

The law provides that taxpayers will have until July 15, 2020 (as opposed to April 15), to file and pay both any balance due on their 2019 income and school district taxes as well as the first and second estimated payments (April 15 and June 15) that is due. This extension is automatic and neither penalties nor interest will be assessed on these amounts.  However, if you are a net profits filer for city tax purposes and your federal return was filed by March 16, 2020, the extension IS NOT automatic, and you must file an extension to receive additional time. Because city tax filing deadlines are tied to the State filing deadline, cities should not have to take any further action. Many cities in Ohio have already posted the extended filing date on their websites. 

Withholding Changes for City Income Taxes

Also, part of the law is a change in the way employers calculate city income tax withholding. Employers are normally required to withhold city income taxes from wages for any municipality in which an employee spent 20 or more days working during a calendar year. This change provides that employees who are working from “a temporary location” (most notably their home) shall be treated as if they are working at their normal principal place of work. Thus, employers are able to withhold city taxes as if the employee were actually working in their normal location(s).

Commercial Activity Tax

Finally, the Tax Commissioner has been granted the authority to extend the due date for the filing of the Commercial Activity Tax (CAT) due on May 11, 2020. At the time of this release, no new extended date has been announced.

What It Is Not

There is no extension to file and/or pay sales tax. Of course, businesses that are closed due to any of the Orders issued by the State would, except for the month of March, only have a filing requirement as they would have made no taxable sales.

Other States

Some other states have released guidance as to relief that they are granting taxpayers. The most up-to-date information for this is available on the American Institute of Certified Public Accountants website.

For more information or questions, please contact Priscilla A. Grant, BMD Business, Corporate and Tax Member at pag@bmdllc.com or 330.253.5934.

Lockdowns, Landlords, & Litigation: Abercrombie & Fitch Flips The Script on Simon Property Group Inc.

Novel litigation between commercial property owners and tenants arises from COVID-19 lockdowns. Typically, owners sue for nonpayment of rent. But in Franklin County, Ohio, a large retail tenant turned the tables and sued the owner to recoup payments.

UPDATE: Ohio Businesses Remain Required to Post Exceptions to State-Wide Mask Mandate at All Entrances

On August 1, 2020, Lance D. Himes, Interim Director of the Ohio Department of Health, issued an amended order continuing the requirement that Ohio businesses post at all entrances any permitted exceptions they provide to customers, patrons, visitors, contractors, vendors and similar individuals to use facial coverings.

2020 Marcum National Construction Survey Marks a New, Post-Pandemic Construction Environment

The results of the 2020 Marcum National Construction Survey are in, and the construction industry’s outlook for the remainder of 2020 and beginning of 2021 remains cautiously optimistic despite the COVID-19 global pandemic. Ability to find skilled labor, healthcare expenses, and material costs remain the top concerns for the industry, while “lack of future work” joins the list.

Wrongful Death Lawsuits in the Wake of COVID-19

Several major “essential business” employers, including Walmart and Tyson, have been served with wrongful death lawsuits in relation to COVID-19. As many Ohio employees begin to return to work, employers should be prudent in following workplace safety practices.

We are Working in a Virtual, Video-Conferencing World – But What About Wiretapping?

Businesses and other organizations often have a need or desire to record telephone conversations related to their business interests and customer dealings; however, this practice is not always permissible as federal and state laws vary on this issue. Knowing and understanding your jurisdiction’s rules and regulations on this practice is essential to remaining in compliance with the law.