Bill Text: IN HB1323 | 2013 | Regular Session | Introduced
Bill Title: Small employer qualified wellness program tax credit.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Introduced - Dead) 2013-01-17 - Representative Morris added as coauthor [HB1323 Detail]
Download: Indiana-2013-HB1323-Introduced.html
Citations Affected: IC 6-3.1-31.2.
Synopsis: Small employer qualified wellness program tax credit.
Provides that the small employer qualified wellness program tax credit
(program) is extended for taxable years beginning after December 31,
2013, and before January 1, 2020. Expands the program to include
small employers with not more than 250 eligible employees. Eliminates
the carryforward of any unused tax credit under the program for
expenditures incurred after December 31, 2013. Imposes a maximum
of $5,000 on the amount of the credit that a small employer may claim
in a taxable year. Provides that an aggregate of not more than
$5,000,000 in tax credits may be claimed under the program during any
budget biennium after December 31, 2013. Repeals a redundant
definition of "pass through entity".
Effective: January 1, 2014.
January 15, 2013, read first time and referred to Committee on Ways and Means.
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A BILL FOR AN ACT to amend the Indiana Code concerning
taxation.
(1) is actively engaged in business; and
(2) on at least fifty percent (50%) of the working days of the employer during the preceding calendar year, employed at least two (2) but not more than:
(A) one hundred (100) eligible employees, for taxable years
beginning before January 1, 2014; and
(B) two hundred fifty (250) eligible employees, for taxable
years beginning after December 31, 2013;
the majority of whom work in Indiana.
(b) In determining the number of eligible employees for purposes of
subsection (a), employers that are affiliated employers or that are
eligible to file a combined tax return for purposes of state taxation are
considered one (1) employer.
(b) This subsection applies only to taxable years beginning after December 31, 2013. A small employer that receives approval from the Indiana economic development corporation under section 6.5 of this chapter is entitled to a credit against the small employer's state tax liability for the first taxable year beginning after December 31, 2013, in which the small employer provides a qualified wellness program for the small employer's employees. The amount of the credit provided by this subsection is equal to the lesser of:
(1) the amount of the small employer's expenditures during the taxable year for the qualified wellness program; or
(2) five thousand dollars ($5,000).
(c) A small employer is not entitled to the credit provided by this chapter for expenditures incurred for a qualified wellness program during a taxable year beginning after December 31, 2011, and before January 1, 2014.
(b) A small employer that wishes to obtain approval to claim the credit provided by this chapter must file an application with the Indiana economic development corporation in the manner prescribed by the Indiana economic development corporation. The
small employer must include with the application:
(1) a copy of the state department of health's certification of
the small employer's wellness program as a qualified wellness
program; or
(2) an indication that the small employer has submitted an
application to the state department of health to obtain
certification of the small employer's wellness program and
approval is pending.
(c) If:
(1) a small employer properly files the application required by
subsection (b); and
(2) the credit amount for which the small employer is seeking
approval would not cause the limit specified in subsection (d)
to be exceeded;
the Indiana economic development corporation shall approve the
small employer's application for a credit amount equal to the lesser
of the credit amount requested by the small employer or the limit
specified in section 6(b)(2) of this chapter. After the Indiana
economic development corporation completes its review of an
application under this section, the Indiana economic development
corporation shall promptly notify the applicant by letter of the
outcome of the review.
(d) The Indiana economic development corporation may not
approve more than five million dollars ($5,000,000) of credits
under this section during each twenty-four (24) month period:
(1) beginning July 1 of an odd-numbered year; and
(2) ending on June 30 of the next odd-numbered year.
(b) This subsection applies to a credit initially claimed under this chapter for a taxable year beginning after December 31, 2013. A taxpayer is not entitled to a carryforward of any unused credit.
(1) submit to the department with the taxpayer's state tax return or returns a copy of:
(A) the certificate received from the state department of health under IC 16-46-13; and
(B) after December 31, 2013, the Indiana economic development corporation's approval letter issued under section 6.5 of this chapter; and
(2) claim the credit on the taxpayer's state tax return or returns in the manner prescribed by the department.
The taxpayer shall submit to the department all information that the department determines is necessary for the calculation of the credit provided by this chapter.
(b) Any tax credit
