The Ohio Supreme Court ruled Tuesday that the state's attempt to tax NASCAR for broadcasting its races in Ohio was unlawful.
At issue before the court was whether the state tax commissioner properly subjected those broadcasts to Ohio's commercial activities tax during an audit from 2005 to 2010. The tax requires payments on a company's annual sales.
The state had argued that it imposed the tax based on NASCAR's commercial activity, including the organization's sale of Ohio broadcast rights. Tuesday's ruling reverses a Board of Tax Appeals ruling in its favor and sends the organization's disputed tax bill -- which totaled US$529,520 -- back to the panel to be readjusted.
Applying the tax to NASCAR broadcasts in Ohio was "an unconstitutional expansion of tax liability for out-of-state content providers," it said. On the question of licensing agreements, Justices Melody Stewart, Jennifer Brunner and Michael Donnelly disagreed that they should not be subject to the tax.
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