As we previously reported here and here, Ohio passed legislation allowing refund claims for 2021 to employees that worked from home but paid municipal income tax to a jurisdiction associated with their employer’s office (often at a higher rate). However, refunds for 2020 have been on hold due to pending litigation before the Ohio Supreme Court.

The Court will now hear arguments on March 1, 2023 in Schaad v. City of Cincinnati. The issue in the case is whether the taxpayer is entitled to a refund of municipal income taxes paid to Cincinnati while working outside the city. The Supreme Court of Ohio accepted the case last summer. As background, in the beginning of the pandemic in 2020, Ohio passed a rule that work done from home by an employee was deemed work performed at the employer’s location for municipal income tax purposes. The Supreme Court’s decision in this case is expected to resolve the issues surrounding tax year 2020 and clarify whether refunds will be permitted. The Court’s decision will likely not be issued until spring or summer of this year.

If you have questions on Ohio municipal income taxes or other SALT matters, please contact the HBK SALT Advisory Group at hbksalt@hbkcpa.com.