board, which must then file a resolution with the county board of
elections no later than 90 days before the primary, general, or special
election.
The first type of income that can be taxed includes the Ohio adjusted
gross income and taxable income from an estate. The second option is
taxing only wages, salaries, tips, and other employee compensation.
In any case, the tax is paid by residents of the district, regardless of
where they may work.
School district income tax issues can only appear on the ballot twice in
any given calendar year. If presented twice to voters in a year, one of
the elections on the question must be held on the date of the general
election.
Appendix Jis the most recent copy of the Guide to Ohio’s School District
Income Tax, prepared by the Ohio Department of Taxation. It provides
answers to the most frequently asked questions by taxpayers about the
school district income tax.
INDEBTEDNESS, NET
Net indebtedness refers to the principal amount of outstanding securities
of a school district less the amount held in a debt service (bond
retirement) fund.
Boards may not incur net indebtedness in excess of 1/10 of one percent
of the total value of all property in the district as listed and assessed for
taxation, without a vote of the people.
Boards may also incur indebtedness without a vote of the people not to
exceed 9/10 of one percent of the total value of all property in the school
district for installations, or modifications, or remodeling for energy
conservation projects certified by an architect or engineer and approved
by the Ohio Construction Facilities Commission (OCFC). The total net
indebtedness under Sections 133.04 and 133.042 cannot exceed one
percent of the total value of all property.
However, securities issued under ORC 3318.052 are not included in the
calculation of net indebtedness. These securities are issued with a
covenant approved by the board to appropriate annually from lawfully
available proceeds of a property tax or school district income tax the
amounts necessary to pay the debt charges and financing costs related
to the securities.
Boards may not submit bond issues which will make the net
indebtedness higher than 4 percent of the assessed valuation without
securing the consent of the tax commissioner and the superintendent of
public instruction acting under the policies adopted by the State Board of
Education. If the voters do not approve the bond issue, the district need
not submit a new application to the superintendent of public instruction
and tax commissioner for permission to exceed the 4% of its taxable
valuation if the issue is submitted at the next possible special election
(which is defined in ORC 3501.01.
Generally, the upper limit for net indebtedness is 9%, but there are a few
exceptions.
Exceptions are provided for special needs districts (which are
experiencing rapid enrollment growth) and districts whose facilities have
been destroyed or condemned.
133.04
133.06(A)
133.06(G)
3318.052
133.06(C)
133.06(B)
133.06€, (F)