Payroll Ohio, Unique Aspects of Ohio Payroll Law and Practice

The Ohio State Agency that oversees the collection and reporting of State income taxes deducted from payroll checks is:

Department of Taxation
P.O. Box 2476
Columbus, OH 43266-0076
(614) 433-7887
(888) 405-4039
www.state.oh.us/tax

Ohio requires that you use Ohio form "IT-4, Employee's Withholding Exemption Certificate" instead of a Federal W-4 Form for Ohio State Income Tax Withholding.

Not all states allow salary reductions made under Section 125 cafeteria plans or 401(k) to be treated in the same manner as the IRS code allows. In Ohio cafeteria plans are not taxable for income tax calculation; not taxable for unemployment insurance purposes. 401(k) plan deferrals are not taxable for income taxes; taxable for unemployment purposes.

In Ohio supplemental wages are taxed at a 3.5% flat rate.

You may file your Ohio State W-2s by magnetic media if you choose to.

The Ohio State Unemployment Insurance Agency is:

Ohio Department of Job and Family Services
Unemployment Compensation Division
52 Robinwood Ave.
Columbus, OH 43213
(614) 466-2100
www.state.oh.us/odjfs

The State of Ohio taxable wage base for unemployment purposes is wages up to ,000.00.

Ohio has optional reporting of quarterly wages on magnetic media.

Unemployment records must be retained in Ohio for a minimum period of five years. This information generally includes: name; social security number; dates of hire, rehire and termination; wages by period; payroll pay periods and pay dates; date and circumstances of termination.

The Ohio State Agency charged with enforcing the state wage and hour laws is:

Department of Commerce
Division of Labor and Worker Safety
Wage and Hour Bureau
50 West Broad St.
Columbus, OH 43215
(614) 644-2239
www.state.oh.us/Business/Employer/ProtectingYourBusiness/Wages.htm

The minimum wage in Ohio is .15 per hour (large employers), .35 (medium employers), and .80 (small employers).

The general provision in Ohio concerning paying overtime in a non-FLSA covered employer is one and one half times regular rate after 40-hour week.

Ohio State new hire reporting requirements are that every employer must report every new hire and rehire. The employer must report the federally required elements of:

Employee's name
Employee's address
Employee's date of birth
date of hire
Employee's social security number
Employer's name
Employers address
Employer's Federal Employer Identification Number (EIN)

This information must be reported within 20 days of the hiring or rehiring.
The information can be sent as a W4 or equivalent by mail, fax or electronically.
There is a .00 penalty for a late report and 0 for conspiracy in Ohio.

The Ohio new hire-reporting agency can be reached at 888-872-1490 or 614-221-5330 or on the web at www.oh-newhire.com

Ohio does allow compulsory direct deposit but the employee's choice of financial institution must meet federal Regulation E regarding choice of financial institutions.

Ohio has no State Wage and Hour Law provisions concerning pay stub information.

Ohio requires that employee be paid no less often than semimonthly; monthly if allowed by custom of contract and wages paid by first of next month.

Ohio requires that the lag time between the end of the pay period and the payment of wages earned 1st half of month, pay by 1st of next month; wages earned 2nd half of month, pay by 15th of next month.

Ohio has no general provision on when terminated employees must be paid their final wages.

Deceased employee's wages of , 500 must be paid to the surviving spouse, adult children, or parent (in that order).

Escheat laws in Ohio require that unclaimed wages be paid over to the state after one year.

The employer is further required in Ohio to keep a record of the wages abandoned and turned over to the state for a period of 5 years.

Ohio payroll law mandates no more than .02 (less for small and medium employers) may be used as a tip credit.

In Ohio the payroll laws covering mandatory rest or meal breaks are only that minors under 16 must have 30 minutes rest after five hours of work.

Ohio statute requires that wage and hour records be kept for a period of not less than three years. These records will normally consist of at least the information required under FLSA.

The Ohio agency charged with enforcing Child Support Orders and laws is:

Office of Child Support
Ohio Department of Human Services
State Office Tower
30 E. Broad St., 31st Fl.
Columbus, OH 43266-0423
(614) 752-6561
www.ohio.gov/odhs/Ocs/index.htm

Ohio has the following provisions for child support deductions:

When to start Withholding? 14 working days after the withholding order is mailed to the employer.
When to send Payment? Within 7 days of Payday.
When to send Termination Notice? Within 10 days of termination.
Maximum Administrative Fee? greater of or 1% of payment
Withholding Limits? Federal Rules under CCPA.

Please note that this article is not updated for changes that can and will happen from time to time.

Farm Property, Trusts & Llc: Preserving Ohio Family Farms For Future Generations

Placing farm property in a trust-owned limited liability company (LLC) is often a key component of protecting a family farm against estate tax laws, creditors, law suits, nursing homes and other risks so it can continue to be enjoyed by future generations. Specifically, the LLC holding your farm property must be owned by an irrevocable trust.

If you're a farmer in Ohio, undoubtedly you've worked hard for the success of that farm and you want that hard work to benefit your family for many generations to come. Unfortunately, state and federal estate tax laws, debt obligations, nursing homes and other factors can put your farm at risk upon your death if proper succession planning is not in place.

While proper succession planning consists of many parts, an important part is often to create an irrevocable trust to own the LLC holding your Ohio or Dayton real estate. A lawyer can help you with this by drawing up the necessary legal documents that form the irrevocable trust, designate the beneficiaries, and describe what is to happen to the property and LLC upon your death.
Property in a Trust-Owned Limited Liability Company is Protected Against Most Debts and Lawsuits; Estate Taxes can be Minimized
By placing your farm property in a trust-owned LLC, the property becomes owned by the LLC, which is a legal entity just like a corporation, rather than being owned by you. Since you don't own it any more, the property is protected from many forms of debt and lawsuits. The irrevocable trust that owns the LLC adds another layer of protection and ensures that the LLC and property it holds is passed on to your chosen beneficiaries.

To more fully protect your Ohio or Dayton real estate, a lawyer with expertise in estate planning and business law can draft legal documents to create limited liability corporations, insurance trusts and other entities that work together to protect your farming business and personal assets for inheritance by your family.

Farm property in a trust-owned LLC can also avoid estate taxes. Estate tax law usually takes effect when property transfers to the beneficiaries. However, the legal documents for your irrevocable trust can specify that your beneficiaries can make use of the property while ownership is retained by the irrevocable trust and the LLC. Since the property is never transferred to the beneficiaries, estate tax laws never come into play.

Placing property in a trust-owned limited liability company is just one tool used to minimize estate taxes and other risks to your Ohio or Dayton real estate. A lawyer knowledgeable in succession planning and estate planning can show you additional ways to help you prepare a complete succession plan for your farm.