Exempt service animals from sales and use tax
Ohio sales tax would be removed for purchases of qualifying service animals and miniature horses meeting federal standards.
Ohio sales tax would be removed for purchases of qualifying service animals and miniature horses meeting federal standards.
Proposed bill: H.B. 816
Session: 2025-2026
Prime sponsors: Representatives Click, Lorenz
Cosponsors: Brennan, Williams
Topic: Exemption of service animals and miniature horses from Ohio sales and use tax
Main purpose and intent
- To exempt the sale of service animals and miniature horses that meet federal standards from Ohio sales and use tax.
- Specifically adds an exemption for service animals as defined by 28 C.F.R. 35.104 and miniature horses meeting the standards described in 28 C.F.R. 35.136(i).
Key provisions and changes
- New tax exemption: The bill amends section 5739.02 of the Revised Code to remove sales tax on:
- Service animals (as defined by 28 C.F.R. 35.104)
- Miniature horses meeting the standards in 28 C.F.R. 35.136(i)
- Scope: The exemption applies to retail sales of qualifying service animals and miniature horses.
- Administrative and timing details are aligned with the state’s current sales tax framework:
- The overall structure of the sales tax (5.75% rate, collection rules, and general exemptions) remains intact, with the new exemption carved out for the targeted animals.
- The exemption is set to take effect beginning on the first day of the first month after the bill’s effective date.
- Repeal and reenactment: The bill repeals the existing section 5739.02 and reenacts it with the exemption language included.
Who would be affected
- Purchasers of qualifying service animals and miniature horses would benefit from not paying Ohio sales tax on the purchase.
- Sellers of these qualifying service animals and miniature horses would collect tax only on non-exempt sales in other contexts, while exempt transactions would not be taxed.
- No changes to tax treatment for other animal-related sales or for other exemptions in the code.
Significant procedural or timeline aspects
- Effective date: The exemption would begin on the first day of the first month after the act’s effective date (exact date determined by the bill’s final passage and signing into law).
- Administration: The bill delegates no new administrative procedures beyond incorporating the exemption into the existing framework of section 5739.02; the Ohio Tax Commissioner would apply the exemption as part of standard tax administration.
Notes and context
- The measure targets federal standards for service animals and miniature horses, aligning Ohio with common-law or federal definitions used to determine service-animal eligibility.
- The bill does not create new program funding or separate administration beyond tax collection.
Overall impact
- Expected positive financial impact for individuals and organizations purchasing approved service animals or miniature horses in Ohio.
- Prospective alignment with broader accessibility goals by reducing burdens on obtaining essential service animals.
Compiled from official sources — confirm details with the bill’s official record.
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