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AUTO TITLE MANUAL - Franklin County, Ohio

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Prior to Sept. 21, 2006, when a dealer acquired an item without payment of tax under the<br />

“resale” exception and later transferred ownership for no consideration (donation), the<br />

dealer owed tax on the dealers’ cost of acquiring the item. Since the dealer did not sell the<br />

donated item, the dealer lost the “resale” exception and was required to pay tax under a<br />

consumer’s use tax return or through the voluntary payment procedures.<br />

This change was enacted in 5741.02 (C)(10):<br />

(C) The tax does not apply to the storage, use, or consumption in this state of the<br />

following described tangible personal property or services, nor to the storage, use, or<br />

consumption or benefit in this state of tangible personal property or services purchased<br />

under the following described circumstances: ...<br />

(10) Tangible personal property held for sale by a person but not for that person's own<br />

use and donated by that person, without charge or other compensation, to either of the<br />

following:<br />

(a) A nonprofit organization operated exclusively for charitable purposes in this state, no<br />

part of the net income of which inures to the benefit of any private shareholder or<br />

individual and no substantial part of the activities of which consists of carrying on<br />

propaganda or otherwise attempting to influence legislation; or<br />

(b) This state or any political subdivision of this state, but only if donated for exclusively<br />

public purposes.<br />

For the purposes of division (C)(10) of this section, "charitable purposes" has the same<br />

meaning as in division (B)(12) of section 5739.02 of the Revised Code.<br />

This change applies to donations made on or after September 21, 2006, regardless of the<br />

date the property was acquired by the donor.<br />

36. How is tax paid on golf carts?<br />

Generally, golf carts are not used on public highways and are not titled as motor vehicles.<br />

However, a municipality may pass an ordinance to allow for the use of golf carts on<br />

public streets. A chief of police or county sheriff may designate an area under their<br />

jurisdiction as being an area that would allow the use of golf carts on public highways. If<br />

so, the chief of police or county sheriff would send notification to the Bureau of Motor<br />

Vehicles and the BMV would then do a letter of authority to the Clerk of Courts who has<br />

jurisdiction over the affected area.<br />

There are seven jurisdictions that currently allow golf carts to be used on public highways<br />

and must be titled and plated. The jurisdictions are Kelleys Island and Put-In-Bay on<br />

Lake Erie, Chippawa-on-the-Lake in Medina <strong>County</strong>, Yellow Springs in Greene <strong>County</strong>,<br />

Millersport and Canal Winchester in Fairfield <strong>County</strong> and Lakeview in Logan <strong>County</strong>.<br />

The owner of a golf cart that is currently not used on public highways may want to obtain<br />

a title and a plate. The Clerk of Courts may issue the title without payment of the sales

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