Is it Taxable or Non-taxable FAQ's

  1. Generally, what is taxable at the local level?

Wages, salaries, commissions, stock options, severance pay, other compensation including fees, sick pay, bonuses, tips, rents, and lottery/gambling winnings to the extent they are taxable as provided by ordinance, profit/losses from businesses including professional associations, partnerships, distributive shares representing compensation for Subchapter S corporations, tangible royalties, and employer supplemental unemployment benefits (sub-pay).

Please note that your contributions to retirement plans, annuities, deferred compensation, 401K or individual retirement accounts (IRA’s) are taxable whether or not your W-2 form shows this income as taxable.  At the local level, these contributions/deferments are taxable at the time in which they are earned, not received or paid out.

Additionally, please note that the number of exemptions or allowances that you claim on a State of Ohio Form IT-4 (Employee’s Withholding Exemption Certificate) or a Federal Form W-4 (Employee’s Withholding Allowance Certificate) are not applicable whatsoever in the determination of local taxable income. 

  1. Generally, what is NOT taxable at the local level?

Income not taxed by municipalities includes: interest (1099-INT), dividends (1099-DIV), Social Security, pensions, income from Board of Elections (voting booth), workers compensation, poor relief including state unemployment compensation, active service and reserve military pay, alimony receipts and income earned by someone under 18 years of age.  See the Form 37 Special Notes for exceptions to the under 18 years of age exemption for the following municipalities: Ashville, Avon Lake, Campbell, Cedarville, Fremont, Girard, Jewett, Lithopolis, Lockland, Milford, Milford Center, Powhatan Point, Ottawa, Riverside, Saint Paris, Sheffield Lake, Sherwood, Tontogany, Weston, Wintersville, Yellow Springs and Youngstown.  See the Form 37 Special Notes  for other exemptions for the following municipalities: Garfield Heights, Lockland, Milford Center, Mogadore, Oakwood Village and Reynoldsburg.

  1. Is 1099-MISC income taxable?

Yes.  Your 1099-MISC income should be included on your RITA return and can be reported in the W-2 wage income section on RITA Forms 37, 37B, and 37EZ (albeit is not specifically mentioned) or on line 25 (All Other Taxable Income) of Schedule J (RITA Form 37). See Sample Form 1099-Misc.

  1. I was issued a W-2 statement for sick or disability pay from a third-party insurer and they did not withhold any local tax.  Is this income taxable and if so, to which city?

Yes.  This income is taxable firstly to your city of employment because this income is considered a benefit of employment.  However, in the event no local tax was paid to the associated city of employment or your city of employment does not have a local tax, then this income is considered taxable to your city of residence.

  1. Is royalty income taxable? 

Please refer to the Ohio Revised Code (718.01).  Intangible royalty income is not taxable for RITA purposes.  However, tangible royalty income is taxable for RITA purposes.  Generally, oil/gas royalties, grazing right royalties, and timber right royalties are taxable at the local level because they relate to a tangible income source.  Book royalty income is considered intangible income and thus is not taxable for RITA purposes.

  1. At the individual level, is patent, trademark, or copyright income taxable?

Yes.

  1. Are insurance payments made on my behalf by a partnership taxable?

Yes. 

  1. Are stock options taxable?

Yes.  Stock options are taxable at the time they are exercised.

  1. Are golden parachute payments taxable?

Yes.

  1. Is irrevocable trust income taxable?

Yes.

  1. Are supplemental employee retirement plans (SERP) contributions taxable?

Please contact RITA.

  1. Are non-qualified deferred compensation amounts taxable?

Please contact RITA.

  1. Is/are pension income, IRA distributions, capital gains, social security, and military (both active and reserve) income taxable?

No.

  1. Are Internal Revenue Code (IRC) section 125 cafeteria plans taxable?

No.

  1. Are unemployment benefits taxable?

No. 

  1. Are Form 1099-DIV (Dividends and Distributions) taxable?

No.

  1. Is Form 1099-INT (Interest Income) taxable?

No.

  1. Are Form 1099-R (Distributions from Pensions, Annuities, Retirement or Profit-Sharing Plans, IRA’s, Insurance Contracts, etc.) taxable?

No.