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January 16, 2025
Question

City taxes withholding

  • January 16, 2025
  • 1 reply
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I'm a local/regional truck driver under DOT regulations, i cross at least 2 different state lines from OHIO several times a year , and i live in a township where no City taxes are withheld. I travel to Akron where i pick up the tractor and trailer and make my deliverys/pickups and I don't really work at the terminal. 

Am i exempt from paying City  taxes?

I received a letter from RITA concerning City taxes for several years.

3 of those years I was on workers compensation but is there a statute or ORC the would exempt me from paying those City taxes?

An old employer had me sign a 'Interstate Drivers Form'. Have anyone heard of that?

Thank you for any help

1 reply

Hal_Al
January 17, 2025

I don't think you'll get a clear cut answer on that question, in this forum. But. since nobody else has answered yet, I'll put in my 2 cents.

 

From RITA Form 10 (Application for Municipal Income Tax Refund), Box 7:

"Over-the-road truck driver. The wages of an interstate trucker regularly assigned to drive in more than one state are only taxable by the trucker’s municipality of residence*. Truck drivers assigned to drive in multiple Ohio municipalities only may be eligible to receive a 90% refund from their principal place of work. Your employer must complete and sign the Employer Certification Part 2 on page 2."

 

Q. Am i exempt from paying City taxes?

A. It would appear to depend on whether "several times a year" meets the meaning of " regularly assigned".  Probably not.  The fact that RITA is dunning you would indicate that you haven't satisfied that requirement. 

 

Q.  'Interstate Drivers Form'. Have anyone heard of that?

A. I quick Google search indicates there are forms for Interstate drivers unrelated to Ohio municipal income taxes. 

 

Another issue is does " Akron where i pick up the tractor and trailer and make my deliverys/pickups" constitute your  "Principal place of work". 

" "Principal place of work" means the fixed location to which an employee is required to report for employment duties on a regular and ordinary basis." (https://codes.ohio.gov/ohio-revised-code/section-718.011)

 

*Another reference:

https://www.ritaohio.com/Media/700053/Occasional