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Bill Analysis

Legislative Service Commission

Sub. S.B. 37*
125th General Assembly
(As Reported by H. Ways and Means)

Taxation of packaging materials
(R.C. 5739.01(D)(6) and 5739.02(B)(14) and (31))
The bill clarifies that state and local sales or use taxes apply to "packages" used by persons engaged in "highway transportation for hire," generally movers. Continuing law defines "packages" as bags, baskets, cartons, crates, boxes, cans, bottles, bindings, wrappings, and other similar devices and containers. The bill revises the definition to provide that it does not include motor vehicles or bulk tanks, trailers, or similar devices attached to motor vehicles.
The bill provides that a mover is the consumer of all packaging materials purchased by that person used in performing the transportation service, except for packaging materials sold by that person in a transaction separate from the service. This revision clarifies that a mover is the person that must pay the use tax on packaging materials, unless the mover sells the materials to a purchaser in a separate transaction, in which case the mover would be required to collect the sales tax from the purchaser and remit it to the state.
The bill provides that movers cannot claim the sales tax exemptions existing law provides to retailers that purchase packages for use in packaging tangible personal property for retail sale, or to manufacturers for packages purchased to ship goods manufactured by them.
Continuing law provides that the sale, lease, repair, and maintenance of, parts for, or items attached to or incorporated in, motor vehicles that are primarily used for transporting tangible personal property by a mover is not subject to the sales tax. The bill adds that the property transported must belong to others to qualify for the exemption, and the exemption does not apply to packages and packaging used for the transportation of tangible personal property.
Motion picture films
(R.C. 5739.01(B)(5) and (9))
Under current law, the transfer of copyrighted motion picture films for exhibition purposes is not a sale, except where the films are used solely for advertising purposes. This sales and use tax exemption is in the same provision that establishes an exemption for construction contracts. The bill moves the motion picture film exemption to a separate provision.

02-25-03p. 141
    Reported, S. Ways & Means & Economic Development


p. 318
    Passed Senate (33-0)
05-07-03pp. 322-323
    Reported, H. Ways & Means
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* This analysis was prepared before the report of the House Ways and Means Committee appeared in the House Journal. Note that the list of co-sponsors and the legislative history may be incomplete.