Instructions for When and Where to File This Return This return must be filed on or before the fifteenth day of the fourth month following the close of the tax year. For calendar Form DBR-38 year taxpayers, this means the return is due April 18 . th For 2022 returns, calendar year returns are due April 18, 2023. Any business that has duly requested an automatic six-month For use in preparing extension for filing their business federal income tax return shall automatically receive an extension for the filing of the 2022 Dublin Business Returns city income tax return. The extended due date of the city income tax return shall be the fifteenth day of the tenth month after the last day of the taxable year to which the return relates. Dublin’s Tax rate is 2.0% No Payment Enclosed/Refund Request: Businesses conducting activities within Dublin are liable for the income tax. These instructions are applicable to Dublin. Mail to: City of Dublin Division of Taxation PO Box 4480 All forms, instructions and tax ordinances for Dublin are Dublin, Ohio 43016-4480 available on our website at www.dublintax.com. If you have any questions about completing any of our forms please call (614) 410-4460. Fax: 614-410-4956 When This Return is Required Payment Enclosed: Associations (including Partnerships, Joint Ventures, etc.) Corporations (including S-Corporations) Mail to: City of Dublin Division of Taxation Fiduciaries – Estates and Trusts (including Grantor Trusts) PO Box 9062 Dublin, Ohio 43017-0962 The following business enterprises must file an annual return on form DBR-38 and a Declaration of Estimated Tax for the Payable to: CITY OF DUBLIN current year: An extension of time is not an extension of time to pay any tax 1. ASSOCIATIONS deriving income from work done or due. If you are unable to pay any taxes owed, you are still services performed or rendered and business conducted required to file your return timely to avoid late filing charges. in Dublin. 2. CORPORATIONS and FIDUCIARIES (ESTATES, If the full amount of the business tax liability is not paid by TRUSTS and GRANTOR TRUSTS) deriving income or remittance of the estimated tax for the City of Dublin, any unpaid losses from work done or services performed or rendered balance should be filed and paid by the due date, unless the and business conducted in Dublin. All taxpayers engaged balance due is $10.00 or less. in business, including S-Corporations and Partnerships, must file an annual return even if a loss is claimed on the Refund Requests business. Refunds due to an overpayment of estimated tax or payments made may be requested, providing any overpayment is greater When a Return is Not Required than $10.00 and you have checked the refund box in the upper Nonprofit businesses (as defined in I.R.C. §501I) are not right section of the DBR-38 and recorded the refund amount required to file an annual city tax return if a copy of the properly on Line 6B. organization’s approved I.R.S. determination letter is on file with the City. However, should such a business have No refund or carryforwards of overpayment to subsequent years unrelated business income (as defined in I.R.C. §512), said shall be allowed unless a written request is presented to the business is required to file a city income tax return and pay Dublin Tax Division within three (3) years after the tax was due tax thereon. or paid, whichever is later, as defined in Dublin Tax Ordinance §38.096(B)(1). Tax exempt activities: if you are in an exempt status per O.R.C. §715.013 (such as banks, trucking or insurance Mail refunds to: City of Dublin companies) please provide documentation designating your Division of Taxation exempt status. PO Box 4480 Dublin, Ohio 43016-4480 |
Penalties and Interest. What to Attach to Your Return. Penalties are provided by ordinance for failure to file and pay Partnerships/Associations should attach Pages 1 through 5 tax due on a required return, for filing late and for filing a false of their Federal Form 1065, and copies of all K-1s. or fraudulent return. Preparers should note each partner’s share of city Corporations, associations, trusts and estates income and city tax paid on each partner’s behalf on their respective K-1s. located within or doing business within Dublin will incur a penalty of $25.00 per month up to a maximum of $150.00 for failing to file this return Corporations should attach copies of Pages 1 through 5 of in a timely fashion. their Federal Form 1120 or Pages 1 through 4 of their Federal Form 1120S and copies of all K-1s. Late payments or unpaid tax after the due date may result in an additional 15% penalty and 7% interest. Fiduciaries/Trusts/Estates should attach a copy of Page 1 of their Federal Form 1041. Period Covered by This Return. Per Dublin Tax Ordinance §38.091(F)(6), any other Returns are required to cover the same period covered by your documentation, including schedules, other municipal income Federal income tax return. tax returns, or other supporting documentation necessary to verify credits, income, losses, or other pertinent factors on the What is Taxable Income? return shall also be included to avoid delay in processing, or Dublin imposes a tax only on the portion of the allocated net disallowance by the Tax Administrator of undocumented credits profits from business or professional activities conducted within or losses its boundaries. Net operating loss carryforwards are allowed in accordance with Ohio Revised Code Section 718.01. Net All taxpayers should attach complete copies of the following if operating loss carrybacks are not permitted. In addition, the they are attached to their federal tax return: 1) schedule of other following applies: income; 2) schedule of other deductions; 3) schedule of Federal Form 1125-A other costs; 4) Federal Form 8825; 5) Federal Form A. In the case of RESIDENT and NONRESIDENT 4797; 6) Federal Schedule E; 7) Federal Schedule D; 8) Federal ASSOCIATIONS {PARTNERSHIPS, LIMITED Form 1125-A; 9) Federal Schedule M- 3; 10) Federal Form 8949; PARTNERSHIPS, AND LIMITED LIABILITY and 11) copies of all 1099-MISC forms issued to central Ohio CORPORATIONS (LLCs) treated as partnerships for residents. Federal income tax purposes}: Dublin requires that the partnership (or LLC) pay all tax due on behalf of all affected partners. Guaranteed payments to partners must be included in net profits. Completing Form DBR-38 Indicate year of tax return with beginning and ending dates. Fiscal B. In the case of CORPORATIONS {including S- year taxpayers use beginning year of the fiscal period as the tax CORPORATIONS and LIMITED LIABILITY COMPANIES year reported on your attached Federal return. (LLCs) treated as corporations for Federal income tax purposes} AND FIDUCIARIES (ESTATES AND TRUSTS, 1. Please enter the information in the spaces provided for including GRANTOR TRUSTS): Dublin requires that the name, current address and EIN/FID number. corporation or fiduciary pay all tax due on their taxable income. Sub-Chapter S-Corporations are taxed as regular C-Corporations for city tax purposes, and must adjust their 2. Check the appropriate box that corresponds to the filing income accordingly. status of the business. This form is NOT appropriate for Schedule C filers. Schedule C is reportable on Form DIR- 1040 for individuals. Consolidated Returns (Corporations Only) An affiliated group of corporations may file a consolidated 3. If you are anticipating a refund for the year in which you income tax return if that affiliated group for the same tax are filing, place an “X” in the box marked REFUND located reporting period filed a consolidated return for federal income in the upper right section. The requested amount of the tax purposes. The city return is required to be completed refund must appear on line 6B. based on the common parent federal income tax return of the affiliated group as filed with the Internal Revenue Service. If you are amending a tax year, place an “X” in the box “Affiliated Group of Corporations” means an affiliated group as marked AMENDED which is located in the upper right defined in section 1504 of the Internal Revenue Code. section and be sure to indicate the tax year that you are “Consolidated Federal Income Tax Return” means a amending in the space provided. If you are amending the consolidated return for federal income tax purposes pursuant City return based upon an amended return that you filed to section 1501 of the Internal Revenue Code. with the I.R.S., you must include a copy of the Amended Federal Return, including any applicable schedules that pertain to the amendment. If you are filing an amended City return based upon an audit that the I.R.S. conducted, you must include documentation pertaining to the audit which must identify when the I.R.S. audit was concluded. Note any changes that were made by the I.R.S. to reduce or increase your taxable income. |
4. Complete the box that pertains to the filing of a city return Line 6A - Enter amount of the overpayment from Line 6 you in the previous year, the consolidated corporate return want credited to your next year’s tax estimate. question and whether or not the account should be inactivated. If your account should be inactivated, provide Line 6B - Enter the amount of the overpayment from Line an explanation. If this is a final return, give the reason why. 6 that you want refunded. If you sold the business, provide the name, address and phone number of the purchaser on a separate attachment. Part B: Questions Also, indicate if the sale was a sale of assets or of stock. Complete this section and answer all questions that are contained in this area regarding the corporation. 5. List the city or cities of income where business is being conducted. Paid Preparer Authorization 6. If the address of the business operation is different from If the corporation wants to allow the City of Dublin to discuss the mailing address, please provide the complete local its tax return with the paid preparer who signed it, check the business address. “YES” box in the signature area of the return. This authorization applies only to the individual whose signature appears in the If you are unsure where a local address is located, “Paid Preparer’s Use Only” section of the return. It does not please visit the Address Checker on our website apply to the firm, if any, shown in that section. If the “YES” box www.dublintax.com or call our office at (614)410- is checked, the corporation is authorizing the City of Dublin to 4460. Mailing addresses, used for postal purposes, call the paid preparer to answer any questions that may arise cannot be used to determine taxing jurisdictions. during the processing of its return. The corporation is also Mailing addresses of Dublin, Ohio can fall in authorizing the paid preparer to: another taxing jurisdiction as well as in non-taxing areas (townships). • Give the City of Dublin any information that is missing from the return, • Call the City of Dublin for information about the Part A: Tax Calculation processing of the return or the status of any refund or Please complete Page 2 and Schedule E (if applicable) before payment(s), and proceeding to this section. • Respond to certain City of Dublin notices about math errors, offsets, and return preparation. Column B – Enter total net taxable income from net profits of corporations, associations (partnerships, The corporation is not authorizing the paid preparer to receive joint ventures, etc.) and fiduciaries (from any refund check, bind the corporation to anything (including Schedule X and/or Schedule Y). Entry must any additional tax liability) or otherwise represent the NOT be less than zero. corporation before the City of Dublin. Unincorporated losses cannot offset corporate income. Corporate losses cannot offset unincorporated income. Schedule X – Reconciliation with Federal Income Tax Return per O.R.C. §718. Enter in this section all those items shown on your Federal tax Column C – Enter the tax due – Column B multiplied by return (Forms 990T, 1041, 1065, 1120, 1120REIT or 1120S) 2.0%. which are non-taxable or non-deductible for city tax purposes. Associations reconciling from Line 1 of the “Analysis of Net Line 1 – Enter total net tax due. Income (Loss)” section of Schedule K of Form 1065 should complete all lines as applicable except Line 4D. Taxes paid by Line 2 – Enter all declaration and extension payments associations on this return are considered to be paid on behalf made for this tax year, and any overpayment of the members of the association and should not be deducted carried forward from your prior year return. on Line 14 of Federal Form 1065 or Line 11 of Federal Form 8825. Line 3 – Subtract Line 2 from Line 1 to arrive at the net tax due. However, if the result is an Line 1 – Income per attached Federal tax return per overpayment, carry to Line 6. Dublin Tax Ordinance §38.03(A). Line 4 – Enter penalty, interest and late filing fee, if applicable. All taxes unpaid after April 15 are Line 2 A – Items not deductible (from 4J below). th subject to a 15% penalty. Taxes due for Dublin Line 2 B – Items not taxable (from Line 5F below). remaining unpaid after they become due shall bear interest at the rate of 5%. The late filing Line 2 C – Record excess of Line 2A or 2B. fee of $25.00 per month up to a maximum of $150.00 may apply. Line 2 D – Partnership income or loss adjustment (add back a partnership loss or deduct Line 5 – Enter total amount due – Line 3 plus Line 4. a gain). Line 6 – Enter overpayment, if applicable, from Line 5. |
Line 2 E- Suspended I.R.C. §179 expense and Line 4H – Add any deduction for a pass-through entity not charitable contributions from prior years allowed as a deduction for a C-Corporation allowed in this tax year. under the Internal Revenue Code (e.g. specially allocated expense items from 1065 line 13d - Line 2 F- Other City taxable income not in Line 1 (such as applies to associations only). I.R.C. §291 recalculation of I.R.C. §1250 gain for S-Corporations or partnerships treated as C- Line 4I – Other expenses not deductible (with Corporations per Dublin Tax Ordinance explanation). Do not include expenses on §38.03(A)(11). income earned in other taxing districts (see Line 5E instructions). Line 2 G- Net operating loss carry-forwards allowable in accordance with O.R.C. §718.01. Please provide documentation with your return. Line 4J – Total Additions – add Lines 4A through 4I – carry result to Line 2A. Line 3- City net taxable income. Items not taxable are deducted from taxable You may calculate the net operating loss income. They should be entered as follows: carryforward beginning with tax year 2017. The first year that a net operating loss carryforward Line 5A – Non-taxable gains from sale or exchange of may be utilized is tax year 2018. capital or other assets per Dublin Tax Ordinance §38.03(A)(4). Items not deductible are added to taxable income. They should be entered as follows: Line 5B – Interest Income. Line 4A – Non-deductible losses incurred from the sale Line 5C – Dividend Income. or exchange of capital or other assets per Dublin Tax Ordinance §38.03(A)(3). Line 5D – Income from patents, trademarks, copyrights and royalties related to intangible sources. Do Line 4B – Amount equal to 5% of intangible income not not include royalty income derived from land attributable to the sale, exchange or other (timber rights, grazing rights, etc.) which is fully disposition of I.R.C. §1221 property. taxable for city tax purposes. Line 4C – Taxes based on net income – includes any Line 5E – Other exempt income (with explanation). state or municipal tax deducted. Line 5F – Total Deductions – add Lines 5A through 5E - Line 4D – Guaranteed payments to partners – applies carry result to Line 2B. only if guaranteed payments to partners/members has not been included Distributions from investment partnerships cannot be within net profits under Dublin Tax Ordinance apportioned. These distributions must be deducted on Line §38.03(W)(1). 2D. Line 4E – Charitable contributions – All business entities Calculate adjusted net income (Line 3) and carry result: 1) to should report any contributions over the 10% Part A, Page 1 OR 2) to adjusted net income column of corporate limitations in accordance with Schedule Y if allocation of net profits is required. Dublin Tax Ordinance §38.03(A)(11). Non C- Corporate businesses may carry forward any unused contributions as if they were C- Corporations. A schedule should be provided Schedule Y – Required Calculation of Net to show how your deduction was calculated Profit for Multi-City Allocation and identify any portion that was carried Provide a completed DBR-38, Schedule Y, to properly allocate forward from prior years. (Deduction is your city taxable income. In order to promote uniformity and limited to 10% of city taxable income consistency in the calculation of net profits, it is the City of before consideration for any charitable Dublin’s policy to strictly interpret the changes in the O.R.C. contribution deduction). §718.02. Commencing with tax year 2004, the use of Separate Accounting in the calculation of Net Profits is no longer an Line 4F – In accordance with Dublin Tax Ordinance available option. §38.03(A)(11), Non-Corporate business entities may be limited to the corporate Column A, Line a- List the average original cost of all real limitations for I.R.C. §179 expense deduction. and tangible personal property owned or used by the taxpayer that was situated within the city limits. Include on each line Line 4G – Qualified retirement, health insurance and life the annual rental on rented and leased real property situated insurance plans on behalf of owners/owner within the city limits multiplied by 8. employees must be added back as non- deductible under Dublin Tax Ordinance §38.03(A)(11). |
Column A, Line b- Divide Column A, Line a by the amount Instructions for Filing 2023 of Line 3. If the amount of Line 3 is zero, enter “n/a” on this line. Declaration Form Column B, Line a- List the gross receipts from sales made Declaration of Estimated Tax and Quarterly Payment or services performed within the city limits. Vouchers Column B, Line b- Divide Column B, Line a by the amount All business enterprises shall file a declaration setting forth the estimated annual income, together with an estimate of the of Line 4. If the amount of Line 4 is zero, enter “n/a” on this amount of tax due thereon. The taxpayer’s annual estimated tax line. liability shall be divided by four (4) to determine the amount of tax which should be paid quarterly on an estimated basis. Column C, Line a- List the wages, salaries and other compensation paid to W-2 employees for services performed within the city limits except compensation exempt Calculation of Estimate from municipal taxation under Dublin Tax Ordinance To be considered as filed in good faith and not subject to penalty §38.03(K)(17). and interest charges, your timely estimated tax payments must not be less than 90% of the total tax liability shown in Column E Column C, Line b- Divide Column C, Line a by the amount on your final return. We will also consider timely estimated tax of Line 5. If the amount of Line 5 is zero, enter “n/a” on this payments equal to your previous year’s tax liability as filed in line. good faith. Column D- Divide the sum of line b for Columns A-C by the Failure to make timely estimated tax payments will result in number of factors used. penalty and interest assessments. A penalty of 15% and interest (rates vary annually) will be assessed on all estimated tax Example 1: Line 5 shows no wages companywide. payments which are underpaid and/or not timely received. If Line b for Dublin shows 30%, 60%, and N/A for Columns A-C respectively, you would divide 90% Filing and Paying (30% + 60%) by 2 (since only two columns had The Declaration Form (available on our website) should be filed numbers). by the 15 thday of the fourth month of your tax year. For calendar year taxpayers, this would be April 18, 2023. The first quarter Example 2: Line 5 reports wages companywide. payment should be submitted with the declaration. None of those wages are earned in Dublin. Thus, if Line b for Dublin shows 30%, 60%, and 0% for No extensions of time to file or pay will be granted. The second, columns A-C respectively, you would divide 90% third and fourth payments are due the 15 th day of the sixth, ninth (30% + 60% + 0%) by 3 (since all three columns and twelfth month of your tax year. For calendar year taxpayers, had numbers, even though Column C’s number the payments are due on the 15 thof June, September and was zero). December. Each estimated tax payment must show a credit carryforward and/or be accompanied by a payment of at least Column E- Multiply the amount shown on Schedule X, Line one-fourth (1/4) of the total estimated tax shown on your 3 by the percentage shown in Column D. If the amount is Declaration. zero or less, enter zero on line on Form W-1120, Page 1, Part A, Column C. If Column D is more than zero, enter the Mail to: City of Dublin Division of Taxation amount on the line on Form DBR-38, Page 1, Part A, PO Box 9062 Column C. Dublin, Ohio 43017-0962 Payable to: CITY OF DUBLIN Schedule E – Partnership K-1 Income (or Loss) Use this section to determine the income or loss resulting from investments in partnerships. Please note that due to changes mandated by the state legislature in House Bill 5, the offsetting of local partnership income with local partnership losses is no longer allowed for corporations, associations (partnerships, joint ventures, etc.) and fiduciaries. Column 4 - Enter total income/loss incurred by each activity listed in Column 1. |