Tuesday, July 5, 2011

The laws in Ohio about selling puppies

#1. In Ohio it is illegal to separate a puppy less then 8 weeks of age from it's mom. You can turn someone in and they can be charged with a misdemeanor.

If you would like to read more about Ohio's law or look up a law in your state check out
http://www.animallaw.info/articles/ovuspuppysaletable.htm

#2. THE SALE OF PUPPIES IS TAXABLE INCOME IN OHIO! Let me repeat that THE SALE OF PUPPIES IN THE STATE OF OHIO IS A TAXABLE INCOME!

To report someone for not paying taxes on the sell of their puppies:

send an email to:
taxenforcement@tax.state.oh.us

send a letter to:
The Ohio Department of Taxation
Enforcement Division
4485 Northland Ridge Boulevard
Columbus, Ohio 43229

There is a form you can down load on the Ohio Dept. of Tax website to make sure they get all the information they need to prosecute someone. Go to
http://tax.ohio.gov/documents/forms/generic/TF1_2006_FI_021506.pdf

REMEMBER you can do this TOTALLY anonymous!


http://www.tax.ohio.gov/divisions/communications/information_releases/sales/st200306.stm

The Ohio sales tax applies to sales of tangible personal property made in this state. The use tax applies to the storage, use, or consumption of tangible personal property in Ohio. Prior to H.B. 95, the Ohio sales tax statutes did not contain a definition of "tangible personal property." Effective July 1, 2003, a new R.C. 5739.01(YY) was added to the sales tax chapter. That section provides:

"Tangible personal property" means personal property that can be seen, weighed, measured, felt, or touched, or that is in any other manner perceptible to the senses. For purposes of this chapter and Chapter 5741, of the Revised Code, "tangible personal property" includes motor vehicles, electricity, water, gas, steam, and prewritten computer software.

**A PUPPY IS TANGIBLE**

#3. ANYONE who breeds in the state of Ohio must hold a Kennel License!
Ohio Revised Code, section 955.02, a kennel owner is a "person, partnership, firm, company, or corporation professionally engaged in the business of breeding dogs for hunting or sale." When a person breeds dogs avowedly as a hobby, "but permits sales to become such a factor that he advertises for sale" the breeding activity and dogs, that person "is professionally engaged in the business of dog breeding" and must be registered as a kennel.

In the state of Ohio if you have more then 4 dogs you will be forced to buy a Kennel License. If you buy a Kennel License they will force you to get a vendor's license. This law went into affect in July 2009.

#4. You do need a vendor's license to sell puppies - even if you sell just 1 litter a year. I called the Ohio Department of Tax and they are cracking down on people selling puppies and not paying sales tax. You are more then welcome to call them at 1-888-405-4039 to verify ANY of the information I have listed above!


*** I was told by Ohio Department of Tax that ALL complaints / tips submitted will be researched. Ohio is cracking down on people not paying sales and use tax and one of their targets are people selling puppies.

7 comments:

Paws and Prayers Rescue Blog said...

Isn't it crazy the way the lawmakers view puppies in Ohio?

There are quite a few great organizations working out here to help ban Dog Auctions too which will help cut down on puppy mills since that is where they are getting quite a bit of their income. The punishment set up here for dog abusers is almost non-existent too. It makes it very frustrating for all of us rescuers because sometimes it is just hard to see the pay off. Luckily, all we have to do is look into our foster dogs' eyes and we know what we are doing is worth every ounce of energy, every little tear and every smile we are putting in to save these guys.

On the flip side, a couple of us rescue groups have helped some high-kill shelters get the funding to begin spaying or neutering each and every animal they adopt out which will also help cut down pet over-population in Ohio and make it harder for backyard breeders to keep popping out pups for monetary gain.

http://pawsandprayers.blogspot.com/

Unknown said...

Wow very interesting. I'm curious if this applies to people giving puppies away. In both NY and Fl I've adopted dogs from people who did a great job with newborn pups for the first few weeks. But in both cases as soon as the pups could eat some solid food they insisted their job was done and would not keep them any longer. One was 5 weeks old and when I asked the family to keep the pup just 1 more week they said they'd give it away or take it to a shelter. We took her home. The other was closer to 6 weeks. Both ended up being well adjusted and wonderful family members but I was really pissed off at these peoples dismissive attitude.

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Anonymous said...

I am getting ready to purchase a puppy from a "back yard" litter, the guy is selling them at 6 weeks of age and now im kinda afraid of getting the pup incase he is to young. I already have his vet appt lined up for the same day that we get him... Should I back out of buying him? Downside is if I dont buy him, he will just be sold to someone else who may not be willing to take the time and money needed to keep up on vet appts, and care for him.... :\

Dog Rescuer said...

You can have behavioral issues and health issues.
Honestly you should turn him in. I 100% understand where you are coming from when you think to yourself OMG where will this puppy end up but there are more then just one puppy, right? What is going to happen to all the others?? And if this person thinks he can make money at selling puppies he is just going to keep breeding and keep selling them and then what is going to happen to all those puppies?

Purchase if you want to but 100% turn the person in!! I turned in a backyard breeder and he got in BIG trouble! Doesn't have dogs anymore THANK GOD! They lived in a small pens in his backyard :-( it was gross!

Anonymous said...

When did the 8 week law change? I thought it was recently but i have no luck finding that proof.

Dog Rescuer said...

It has been the law for years. Chck Ohio revised code