DUKE ENERGY OHIO INC.'S CBP SSO AUCTIONS
Master SSO Supply Agreement

AGR 00025
Published On: 08/31/2023

Question: Section 12.8 of the supply agreement states that the SSO Supplier is not responsible for Ohio Sales and Use Tax, but is responsible for all other taxes. What other taxes is the supply agreement referring to?

Answer: Sales tax is typically structured differently than most other taxes.  The seller has a responsibility to collect it from the customer and remit it as an agent of the Department of Revenue.  This responsibility can only be relieved if the customer provides an exemption certificate.  Most other taxes (Income Tax, Commercial Activity Tax, Excise Tax, Payroll Tax) are imposed directly upon the seller.  The purpose of the contract language is to clarify that the SSO Supplier is responsible for all taxes imposed directly upon it. 

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FAQs Disclaimer

The information presented and distributed in the Frequently Asked Questions (FAQs) may be subject to modifications and/or amendments and is provided for informational purposes only. The information provided in the CBP, or on the CBP Information Website, has been prepared to assist bidders in evaluating the CBP. It does not purport to contain all the information that may be relevant to a bidder in satisfying its due diligence efforts. Neither Duke Energy Ohio, Inc. nor the Auction Manager make any representation or warranty, expressed or implied, as to the accuracy or completeness of the information, and shall not, either individually or as a corporation, be liable for any representation expressed or implied in the CBP or any omissions from the CBP, or any information provided to a bidder by any other source. A bidder should check the CBP Information Website frequently to ensure it has the latest documentation and information. Neither Duke Energy Ohio, Inc., nor the Auction Manager, nor any of their representatives, shall be liable to a bidder or any of its representatives for any consequences relating to or arising from the bidder’s use of outdated information. The information is not intended to form any part of the basis of any investment decision, valuation or any bid that may be submitted during the CBP process. Each recipient should not rely solely on this information and should make its own independent assessment of the potential value to supply the Duke Energy Ohio, Inc.’s load after making all investigations it deems necessary.

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