Bill Text: OH HB224 | 2009-2010 | 128th General Assembly | Introduced
Bill Title: To authorize a nonrefundable tax credit for hiring and employing previously unemployed individuals.
Spectrum: Strong Partisan Bill (Republican 13-1)
Status: (Introduced - Dead) 2009-06-16 - To Ways & Means [HB224 Detail]
Download: Ohio-2009-HB224-Introduced.html
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Representatives Snitchler, Jordan
Cosponsors:
Representatives Boose, Ruhl, Wagner, Hall, Mandel, Burke, Grossman, Blessing, Huffman, Adams, J., Morgan, Domenick
To amend sections 5725.98, 5729.98, 5733.01, 5733.98, | 1 |
and 5747.98 and to enact sections 5725.34, | 2 |
5729.17, 5733.60, and 5747.67 of the Revised Code | 3 |
to authorize a nonrefundable tax credit for hiring | 4 |
and employing previously unemployed individuals. | 5 |
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 5725.98, 5729.98, 5733.01, 5733.98, | 6 |
and 5747.98 be amended and sections 5725.34, 5729.17, 5733.60, and | 7 |
5747.67 of the Revised Code be enacted to read as follows: | 8 |
Sec. 5725.34. (A) For purposes of this section, "credit | 9 |
period" means, in the case of a dealer in intangibles, the | 10 |
calendar year ending on the thirty-first day of December next | 11 |
preceding the day the report is required to be returned under | 12 |
section 5725.14 of the Revised Code and, in the case of a domestic | 13 |
insurance company, the calendar year ending on the thirty-first | 14 |
day of December next preceding the day the annual statement is | 15 |
required to be returned under section 5725.18 of the Revised Code. | 16 |
(B) A credit is hereby allowed against the tax levied under | 17 |
section 5707.03 and assessed under section 5725.15 of the Revised | 18 |
Code or the tax imposed by section 5725.18 of the Revised Code | 19 |
for a dealer in intangibles or a domestic insurance company that | 20 |
employs an employee meeting each of the following conditions: | 21 |
(1) The employee was unemployed for the four consecutive | 22 |
weeks immediately preceding the date the employee was hired. | 23 |
(2) The employee was hired on or after July 1, 2009, but | 24 |
before July 1, 2010. | 25 |
(3) During employment the employee was lawfully employable in | 26 |
the United States under federal law, as affirmed under division | 27 |
(C) of this section, and resided in this state. | 28 |
(4) The employee has been employed by the dealer in | 29 |
intangibles or insurance company for twenty-four consecutive | 30 |
months for compensation greater than or equal to the average | 31 |
monthly employment compensation benefits paid to persons receiving | 32 |
unemployment compensation pursuant to Chapter 4141. of the Revised | 33 |
Code. | 34 |
The credit equals two thousand four hundred dollars for each | 35 |
such employee. The credit shall be claimed for the credit period | 36 |
that includes the last day of the employee's twenty-fourth month | 37 |
of employment. The credit shall be claimed in the order required | 38 |
under section 5725.98 of the Revised Code. The amount of credit | 39 |
claimed may not exceed the tax otherwise due after allowing for | 40 |
all preceding credits in that order. Excess credit is allowed as a | 41 |
credit in each of the ensuing two credit periods, but the amount | 42 |
of any excess credit claimed in a credit period shall be deducted | 43 |
from the balance carried forward. For purposes of determining | 44 |
duration of employment, employment may include not more than | 45 |
thirteen weeks of service for the employer as personnel provided | 46 |
by a person providing employment service as defined under division | 47 |
(JJ) of section 5739.01 of the Revised Code, except that division | 48 |
(JJ)(2) of that section does not apply. | 49 |
(C) The credit under this section shall not be allowed for a | 50 |
dealer in intangibles or insurance company unless the dealer or | 51 |
insurance company executes a notarized statement affirming that | 52 |
the dealer or insurance company used the federal government's | 53 |
electronic employment verification system, currently known as | 54 |
"E-verify," or a successor system to verify the lawful employment | 55 |
eligibility of each employee on the basis of whom the credit is | 56 |
claimed. The dealer or insurance company shall make the statement | 57 |
available for inspection by the tax commissioner, in the case of a | 58 |
dealer, or by the superintendent of insurance, in the case of an | 59 |
insurance company, upon the commissioner's or superintendent's | 60 |
request. | 61 |
Sec. 5725.98. (A) To provide a uniform procedure for | 62 |
calculating the amount of tax imposed by section 5725.18 of the | 63 |
Revised Code that is due under this chapter, a taxpayer shall | 64 |
claim any credits and offsets against tax liability to which it is | 65 |
entitled in the following order: | 66 |
(1) The credit for an insurance company or insurance company | 67 |
group under section 5729.031 of the Revised Code. | 68 |
(2) The credit for eligible employee training costs under | 69 |
section 5725.31 of the Revised Code. | 70 |
(3) The credit for hiring an unemployed individual under | 71 |
section 5725.34 of the Revised Code. | 72 |
(4) The offset of assessments by the Ohio life and health | 73 |
insurance guaranty association permitted by section 3956.20 of the | 74 |
Revised Code. | 75 |
| 76 |
section 5725.32 of the Revised Code. | 77 |
| 78 |
Revised Code for losses on loans made under the Ohio venture | 79 |
capital program under sections 150.01 to 150.10 of the Revised | 80 |
Code. | 81 |
(B) For any credit except the refundable credits enumerated | 82 |
in | 83 |
credit for a taxable year shall not exceed the tax due after | 84 |
allowing for any other credit that precedes it in the order | 85 |
required under this section. Any excess amount of a particular | 86 |
credit may be carried forward if authorized under the section | 87 |
creating that credit. Nothing in this chapter shall be construed | 88 |
to allow a taxpayer to claim, directly or indirectly, a credit | 89 |
more than once for a taxable year. | 90 |
Sec. 5729.17. (A) For purposes of this section, "credit | 91 |
period" means the calendar year ending on the thirty-first day of | 92 |
December next preceding the day the annual statement is required | 93 |
to be returned under section 5729.02 of the Revised Code. | 94 |
(B) A credit is hereby allowed against the tax assessed under | 95 |
Chapter 5729. of the Revised Code for a foreign insurance company | 96 |
that employs an employee meeting each of the following conditions: | 97 |
(1) The employee was unemployed for the four consecutive | 98 |
weeks immediately preceding the date of hire. | 99 |
(2) The employee was hired on or after July 1, 2009, but | 100 |
before July 1, 2010. | 101 |
(3) During employment the employee was lawfully employable in | 102 |
the United States under federal law, as affirmed under division | 103 |
(C) of this section, and resided in this state. | 104 |
(4) The employee has been employed by the insurance company | 105 |
for twenty-four consecutive months for compensation greater than | 106 |
or equal to the average monthly employment compensation benefits | 107 |
paid to persons receiving unemployment compensation pursuant to | 108 |
Chapter 4141. of the Revised Code. | 109 |
The credit equals two thousand four hundred dollars for each | 110 |
such employee. The credit shall be claimed for the credit period | 111 |
that includes the last day of the employee's twenty-fourth month | 112 |
of employment. The credit shall be claimed in the order required | 113 |
under section 5729.98 of the Revised Code. The amount of credit | 114 |
claimed may not exceed the tax otherwise due after allowing for | 115 |
all preceding credits in that order. Excess credit is allowed as a | 116 |
credit in each of the ensuing two credit periods, but the amount | 117 |
of any excess credit claimed in a credit period shall be deducted | 118 |
from the balance carried forward. For purposes of determining | 119 |
duration of employment, employment may include not more than | 120 |
thirteen weeks of service for the employer as personnel provided | 121 |
by a person providing employment service as defined under division | 122 |
(JJ) of section 5739.01 of the Revised Code, except that division | 123 |
(JJ)(2) of that section does not apply. | 124 |
(C) The credit under this section shall not be allowed for a | 125 |
foreign insurance company unless the company executes a notarized | 126 |
statement affirming that the company used the federal government's | 127 |
electronic employment verification system, currently known as | 128 |
"E-verify," or a successor system to verify the lawful employment | 129 |
eligibility of each employee on the basis of whom the credit is | 130 |
claimed. The insurance company shall make the statement available | 131 |
for inspection by the superintendent of insurance upon the | 132 |
superintendent's request. | 133 |
Sec. 5729.98. (A) To provide a uniform procedure for | 134 |
calculating the amount of tax due under this chapter, a taxpayer | 135 |
shall claim any credits and offsets against tax liability to which | 136 |
it is entitled in the following order: | 137 |
(1) The credit for an insurance company or insurance company | 138 |
group under section 5729.031 of the Revised Code. | 139 |
(2) The credit for eligible employee training costs under | 140 |
section 5729.07 of the Revised Code. | 141 |
(3) The credit for hiring an unemployed individual under | 142 |
section 5729.17 of the Revised Code. | 143 |
(4) The offset of assessments by the Ohio life and health | 144 |
insurance guaranty association against tax liability permitted by | 145 |
section 3956.20 of the Revised Code. | 146 |
| 147 |
section 5729.032 of the Revised Code. | 148 |
| 149 |
Revised Code for losses on loans made under the Ohio venture | 150 |
capital program under sections 150.01 to 150.10 of the Revised | 151 |
Code. | 152 |
(B) For any credit except the refundable credits enumerated | 153 |
in | 154 |
credit for a taxable year shall not exceed the tax due after | 155 |
allowing for any other credit that precedes it in the order | 156 |
required under this section. Any excess amount of a particular | 157 |
credit may be carried forward if authorized under the section | 158 |
creating that credit. Nothing in this chapter shall be construed | 159 |
to allow a taxpayer to claim, directly or indirectly, a credit | 160 |
more than once for a taxable year. | 161 |
Sec. 5733.01. (A) The tax provided by this chapter for | 162 |
domestic corporations shall be the amount charged against each | 163 |
corporation organized for profit under the laws of this state and | 164 |
each nonprofit corporation organized pursuant to Chapter 1729. of | 165 |
the Revised Code, except as provided in sections 5733.09 and | 166 |
5733.10 of the Revised Code, for the privilege of exercising its | 167 |
franchise during the calendar year in which that amount is | 168 |
payable, and the tax provided by this chapter for foreign | 169 |
corporations shall be the amount charged against each corporation | 170 |
organized for profit and each nonprofit corporation organized or | 171 |
operating in the same or similar manner as nonprofit corporations | 172 |
organized under Chapter 1729. of the Revised Code, under the laws | 173 |
of any state or country other than this state, except as provided | 174 |
in sections 5733.09 and 5733.10 of the Revised Code, for the | 175 |
privilege of doing business in this state, owning or using a part | 176 |
or all of its capital or property in this state, holding a | 177 |
certificate of compliance with the laws of this state authorizing | 178 |
it to do business in this state, or otherwise having nexus in or | 179 |
with this state under the Constitution of the United States, | 180 |
during the calendar year in which that amount is payable. | 181 |
(B) A corporation is subject to the tax imposed by section | 182 |
5733.06 of the Revised Code for each calendar year that it is so | 183 |
organized, doing business, owning or using a part or all of its | 184 |
capital or property, holding a certificate of compliance, or | 185 |
otherwise having nexus in or with this state under the | 186 |
Constitution of the United States, on the first day of January of | 187 |
that calendar year. | 188 |
(C) Any corporation subject to this chapter that is not | 189 |
subject to the federal income tax shall file its returns and | 190 |
compute its tax liability as required by this chapter in the same | 191 |
manner as if that corporation were subject to the federal income | 192 |
tax. | 193 |
(D) For purposes of this chapter, a federally chartered | 194 |
financial institution shall be deemed to be organized under the | 195 |
laws of the state within which its principal office is located. | 196 |
(E) For purposes of this chapter, any person, as defined in | 197 |
section 5701.01 of the Revised Code, shall be treated as a | 198 |
corporation if the person is classified for federal income tax | 199 |
purposes as an association taxable as a corporation, and an equity | 200 |
interest in the person shall be treated as capital stock of the | 201 |
person. | 202 |
(F) For the purposes of this chapter, "disregarded entity" | 203 |
has the same meaning as in division (D) of section 5745.01 of the | 204 |
Revised Code. | 205 |
(1) A person's interest in a disregarded entity, whether held | 206 |
directly or indirectly, shall be treated as the person's ownership | 207 |
of the assets and liabilities of the disregarded entity, and the | 208 |
income, including gain or loss, shall be included in the person's | 209 |
net income under this chapter. | 210 |
(2) Any sale, exchange, or other disposition of the person's | 211 |
interest in the disregarded entity, whether held directly or | 212 |
indirectly, shall be treated as a sale, exchange, or other | 213 |
disposition of the person's share of the disregarded entity's | 214 |
underlying assets or liabilities, and the gain or loss from such | 215 |
sale, exchange, or disposition shall be included in the person's | 216 |
net income under this chapter. | 217 |
(3) The disregarded entity's payroll, property, and sales | 218 |
factors shall be included in the person's factors. | 219 |
(G) The tax a corporation is required to pay under this | 220 |
chapter shall be as follows: | 221 |
(1)(a) For financial institutions, the greater of the minimum | 222 |
payment required under division (E) of section 5733.06 of the | 223 |
Revised Code or the difference between all taxes charged the | 224 |
financial institution under this chapter, without regard to | 225 |
division (G)(2) of this section, less any credits allowable | 226 |
against such tax. | 227 |
(b) A corporation satisfying the description in division | 228 |
(E)(5), (6), (7), (8), or (10) of section 5751.01 of the Revised | 229 |
Code that is not a financial institution, insurance company, or | 230 |
dealer in intangibles is subject to the taxes imposed under this | 231 |
chapter as a corporation and not subject to tax as a financial | 232 |
institution, and shall pay the greater of the minimum payment | 233 |
required under division (E) of section 5733.06 of the Revised Code | 234 |
or the difference between all the taxes charged under this | 235 |
chapter, without regard to division (G)(2) of this section, less | 236 |
any credits allowable against such tax. | 237 |
(2) For all corporations other than those persons described | 238 |
in division (G)(1)(a) or (b) of this section, the amount under | 239 |
division (G)(2)(a) of this section applicable to the tax year | 240 |
specified less the amount under division (G)(2)(b) of this | 241 |
section: | 242 |
(a)(i) For tax year 2005, the greater of the minimum payment | 243 |
required under division (E) of section 5733.06 of the Revised Code | 244 |
or the difference between all taxes charged the corporation under | 245 |
this chapter and any credits allowable against such tax; | 246 |
(ii) For tax year 2006, the greater of the minimum payment | 247 |
required under division (E) of section 5733.06 of the Revised Code | 248 |
or four-fifths of the difference between all taxes charged the | 249 |
corporation under this chapter and any credits allowable against | 250 |
such tax, except the qualifying pass-through entity tax credit | 251 |
described in division (A)(29) and the refundable credits described | 252 |
in divisions (A)(30) to (34) of section 5733.98 of the Revised | 253 |
Code; | 254 |
(iii) For tax year 2007, the greater of the minimum payment | 255 |
required under division (E) of section 5733.06 of the Revised Code | 256 |
or three-fifths of the difference between all taxes charged the | 257 |
corporation under this chapter and any credits allowable against | 258 |
such tax, except the qualifying pass-through entity tax credit | 259 |
described in division (A)(29) and the refundable credits described | 260 |
in divisions (A)(30) to (34) of section 5733.98 of the Revised | 261 |
Code; | 262 |
(iv) For tax year 2008, the greater of the minimum payment | 263 |
required under division (E) of section 5733.06 of the Revised Code | 264 |
or two-fifths of the difference between all taxes charged the | 265 |
corporation under this chapter and any credits allowable against | 266 |
such tax, except the qualifying pass-through entity tax credit | 267 |
described in division (A)(29) and the refundable credits described | 268 |
in divisions (A)(30) to (34) of section 5733.98 of the Revised | 269 |
Code; | 270 |
(v) For tax year 2009, the greater of the minimum payment | 271 |
required under division (E) of section 5733.06 of the Revised Code | 272 |
or one-fifth of the difference between all taxes charged the | 273 |
corporation under this chapter and any credits allowable against | 274 |
such tax, except the qualifying pass-through entity tax credit | 275 |
described in division (A)(29) and the refundable credits described | 276 |
in | 277 |
the Revised Code; | 278 |
(vi) For tax year 2010 and each tax year thereafter, no tax. | 279 |
(b) A corporation shall subtract from the amount calculated | 280 |
under division (G)(2)(a)(ii), (iii), (iv), or (v) of this section | 281 |
any qualifying pass-through entity tax credit described in | 282 |
division (A)(29) and any refundable credits described in | 283 |
284 | |
the corporation is entitled. Any unused qualifying pass-through | 285 |
entity tax credit is not refundable. | 286 |
(c) For the purposes of computing the amount of a credit that | 287 |
may be carried forward to a subsequent tax year under division | 288 |
(G)(2) of this section, a credit is utilized against the tax for a | 289 |
tax year to the extent the credit applies against the tax for that | 290 |
tax year, even if the difference is then multiplied by the | 291 |
applicable fraction under division (G)(2)(a) of this section. | 292 |
(3) Nothing in division (G) of this section eliminates or | 293 |
reduces the tax imposed by section 5733.41 of the Revised Code on | 294 |
a qualifying pass-through entity. | 295 |
Sec. 5733.60. A credit is hereby allowed against the tax | 296 |
levied under section 5733.06 of the Revised Code for a taxpayer | 297 |
that employs an employee meeting each of the following conditions: | 298 |
(A) The employee was unemployed for the four consecutive | 299 |
weeks immediately preceding the date of hire. | 300 |
(B) The employee was hired on or after July 1, 2009, but | 301 |
before July 1, 2010. | 302 |
(C) During employment the employee was lawfully employable in | 303 |
the United States under federal law, as affirmed under this | 304 |
section, and resided in this state. | 305 |
(D) The employee has been employed by the taxpayer for | 306 |
twenty-four consecutive months for compensation greater than or | 307 |
equal to the average monthly employment compensation benefits paid | 308 |
to persons receiving unemployment compensation pursuant to Chapter | 309 |
4141. of the Revised Code. | 310 |
The credit equals two thousand four hundred dollars for each | 311 |
such employee. The credit shall be claimed for the taxpayer's | 312 |
taxable year that includes the last day of the employee's | 313 |
twenty-fourth month of employment. The credit shall be claimed in | 314 |
the order required under section 5733.98 of the Revised Code. The | 315 |
amount of credit claimed may not exceed the tax otherwise due | 316 |
after allowing for all preceding credits in that order. Excess | 317 |
credit is allowed as a credit for each of the ensuing two taxable | 318 |
years, but the amount of any excess credit claimed for a taxable | 319 |
year shall be deducted from the balance carried forward. For | 320 |
purposes of determining duration of employment, employment may | 321 |
include not more than thirteen weeks of service for the employer | 322 |
as personnel provided by a person providing employment service as | 323 |
defined under division (JJ) of section 5739.01 of the Revised | 324 |
Code, except that division (JJ)(2) of that section does not apply. | 325 |
The credit under this section shall not be allowed for a | 326 |
taxpayer unless the taxpayer executes a notarized statement | 327 |
affirming that the taxpayer used the federal government's | 328 |
electronic employment verification system, currently known as | 329 |
"E-verify," or a successor system to verify the lawful employment | 330 |
eligibility of each employee on the basis of whom the credit is | 331 |
claimed. The taxpayer shall make the statement available for | 332 |
inspection by the tax commissioner upon the commissioner's | 333 |
request. | 334 |
Sec. 5733.98. (A) To provide a uniform procedure for | 335 |
calculating the amount of tax imposed by section 5733.06 of the | 336 |
Revised Code that is due under this chapter, a taxpayer shall | 337 |
claim any credits to which it is entitled in the following order, | 338 |
except as otherwise provided in section 5733.058 of the Revised | 339 |
Code: | 340 |
(1) For tax year 2005, the credit for taxes paid by a | 341 |
qualifying pass-through entity allowed under section 5733.0611 of | 342 |
the Revised Code; | 343 |
(2) The credit allowed for financial institutions under | 344 |
section 5733.45 of the Revised Code; | 345 |
(3) The credit for qualifying affiliated groups under section | 346 |
5733.068 of the Revised Code; | 347 |
(4) The subsidiary corporation credit under section 5733.067 | 348 |
of the Revised Code; | 349 |
(5) The savings and loan assessment credit under section | 350 |
5733.063 of the Revised Code; | 351 |
(6) The credit for recycling and litter prevention donations | 352 |
under section 5733.064 of the Revised Code; | 353 |
(7) The credit for employers that enter into agreements with | 354 |
child day-care centers under section 5733.36 of the Revised Code; | 355 |
(8) The credit for employers that reimburse employee child | 356 |
care expenses under section 5733.38 of the Revised Code; | 357 |
(9) The credit for maintaining railroad active grade crossing | 358 |
warning devices under section 5733.43 of the Revised Code; | 359 |
(10) The credit for purchases of lights and reflectors under | 360 |
section 5733.44 of the Revised Code; | 361 |
(11) The job retention credit under division (B) of section | 362 |
5733.0610 of the Revised Code; | 363 |
(12) The credit for tax years 2008 and 2009 for selling | 364 |
alternative fuel under section 5733.48 of the Revised Code; | 365 |
(13) The second credit for purchases of new manufacturing | 366 |
machinery and equipment under section 5733.33 of the Revised Code; | 367 |
(14) The job training credit under section 5733.42 of the | 368 |
Revised Code; | 369 |
(15) The credit for qualified research expenses under section | 370 |
5733.351 of the Revised Code; | 371 |
(16) The credit for hiring an unemployed individual under | 372 |
section 5733.60 of the Revised Code; | 373 |
(17) The enterprise zone credit under section 5709.66 of the | 374 |
Revised Code; | 375 |
| 376 |
voluntary action under section 5733.34 of the Revised Code; | 377 |
| 378 |
child day-care centers under section 5733.37 of the Revised Code; | 379 |
| 380 |
5733.46 of the Revised Code; | 381 |
| 382 |
production property under section 5733.32 of the Revised Code; | 383 |
| 384 |
the Revised Code; | 385 |
| 386 |
technology transfer investors under section 5733.35 of the Revised | 387 |
Code; | 388 |
| 389 |
the Revised Code; | 390 |
| 391 |
of the Revised Code; | 392 |
| 393 |
section 5733.57 of the Revised Code; | 394 |
| 395 |
under section 5733.55 of the Revised Code; | 396 |
| 397 |
to aid the communicatively impaired under division (A) of section | 398 |
5733.56 of the Revised Code; | 399 |
| 400 |
5733.352 of the Revised Code; | 401 |
| 402 |
credit for taxes paid by a qualifying pass-through entity allowed | 403 |
under section 5733.0611 of the Revised Code; | 404 |
| 405 |
building under section 5733.47 of the Revised Code; | 406 |
| 407 |
(A) of section 5733.0610 of the Revised Code; | 408 |
| 409 |
division (B)(2) of section 5747.062 of the Revised Code; | 410 |
| 411 |
Revised Code for losses on loans made to the Ohio venture capital | 412 |
program under sections 150.01 to 150.10 of the Revised Code; | 413 |
| 414 |
credit allowable under division (B) of section 5733.56 of the | 415 |
Revised Code. | 416 |
(B) For any credit except the refundable credits enumerated | 417 |
in | 418 |
credit for a tax year shall not exceed the tax due after allowing | 419 |
for any other credit that precedes it in the order required under | 420 |
this section. Any excess amount of a particular credit may be | 421 |
carried forward if authorized under the section creating that | 422 |
credit. | 423 |
Sec. 5747.67. A credit is hereby allowed against the tax | 424 |
levied under section 5747.02 of the Revised Code for a taxpayer | 425 |
that employs an employee meeting each of the following conditions: | 426 |
(A) The employee was unemployed for the four consecutive | 427 |
weeks immediately preceding the date of hire. | 428 |
(B) The employee was hired on or after July 1, 2009, but | 429 |
before July 1, 2010. | 430 |
(C) During employment the employee was lawfully employable in | 431 |
the United States under federal law, as affirmed under this | 432 |
section, and resided in this state. | 433 |
(D) The employee has been employed by the taxpayer for | 434 |
twenty-four consecutive months for compensation greater than or | 435 |
equal to the average monthly employment compensation benefits paid | 436 |
to persons receiving unemployment compensation pursuant to Chapter | 437 |
4141. of the Revised Code. | 438 |
The credit equals two thousand four hundred dollars for each | 439 |
such employee. The credit shall be claimed for the taxpayer's | 440 |
taxable year that includes the last day of the employee's | 441 |
twenty-fourth month of employment. The credit shall be claimed in | 442 |
the order required under section 5747.98 of the Revised Code. The | 443 |
amount of credit claimed may not exceed the tax otherwise due | 444 |
after allowing for all preceding credits in that order. Excess | 445 |
credit is allowed as a credit in each of the ensuing two taxable | 446 |
years, but the amount of any excess credit claimed in a taxable | 447 |
year shall be deducted from the balance carried forward. For | 448 |
purposes of determining duration of employment, employment may | 449 |
include not more than thirteen weeks of service for the employer | 450 |
as personnel provided by a person providing employment service as | 451 |
defined under division (JJ) of section 5739.01 of the Revised | 452 |
Code, except that division (JJ)(2) of that section does not apply. | 453 |
The credit under this section shall not be allowed for a | 454 |
taxpayer unless the taxpayer executes a notarized statement | 455 |
affirming that the taxpayer used the federal government's | 456 |
electronic employment verification system, currently known as | 457 |
"E-verify," or a successor system to verify the lawful employment | 458 |
eligibility of each employee on the basis of whom the credit is | 459 |
claimed. The taxpayer shall make the statement available for | 460 |
inspection by the tax commissioner upon the commissioner's | 461 |
request. | 462 |
Nothing in this section prohibits or disallows pass-through | 463 |
treatment of the credit by a pass-through entity. | 464 |
Sec. 5747.98. (A) To provide a uniform procedure for | 465 |
calculating the amount of tax due under section 5747.02 of the | 466 |
Revised Code, a taxpayer shall claim any credits to which the | 467 |
taxpayer is entitled in the following order: | 468 |
(1) The retirement income credit under division (B) of | 469 |
section 5747.055 of the Revised Code; | 470 |
(2) The senior citizen credit under division (C) of section | 471 |
5747.05 of the Revised Code; | 472 |
(3) The lump sum distribution credit under division (D) of | 473 |
section 5747.05 of the Revised Code; | 474 |
(4) The dependent care credit under section 5747.054 of the | 475 |
Revised Code; | 476 |
(5) The lump sum retirement income credit under division (C) | 477 |
of section 5747.055 of the Revised Code; | 478 |
(6) The lump sum retirement income credit under division (D) | 479 |
of section 5747.055 of the Revised Code; | 480 |
(7) The lump sum retirement income credit under division (E) | 481 |
of section 5747.055 of the Revised Code; | 482 |
(8) The low-income credit under section 5747.056 of the | 483 |
Revised Code; | 484 |
(9) The credit for displaced workers who pay for job training | 485 |
under section 5747.27 of the Revised Code; | 486 |
(10) The campaign contribution credit under section 5747.29 | 487 |
of the Revised Code; | 488 |
(11) The twenty-dollar personal exemption credit under | 489 |
section 5747.022 of the Revised Code; | 490 |
(12) The joint filing credit under division (G) of section | 491 |
5747.05 of the Revised Code; | 492 |
(13) The nonresident credit under division (A) of section | 493 |
5747.05 of the Revised Code; | 494 |
(14) The credit for a resident's out-of-state income under | 495 |
division (B) of section 5747.05 of the Revised Code; | 496 |
(15) The credit for employers that enter into agreements with | 497 |
child day-care centers under section 5747.34 of the Revised Code; | 498 |
(16) The credit for employers that reimburse employee child | 499 |
care expenses under section 5747.36 of the Revised Code; | 500 |
(17) The credit for adoption of a minor child under section | 501 |
5747.37 of the Revised Code; | 502 |
(18) The credit for hiring an unemployed individual under | 503 |
section 5747.67 of the Revised Code; | 504 |
(19) The credit for purchases of lights and reflectors under | 505 |
section 5747.38 of the Revised Code; | 506 |
| 507 |
section 5747.058 of the Revised Code; | 508 |
| 509 |
section 5747.77 of the Revised Code; | 510 |
| 511 |
machinery and equipment and the credit for using Ohio coal under | 512 |
section 5747.31 of the Revised Code; | 513 |
| 514 |
Revised Code; | 515 |
| 516 |
the Revised Code; | 517 |
| 518 |
voluntary action under section 5747.32 of the Revised Code; | 519 |
| 520 |
child day-care centers under section 5747.35 of the Revised Code; | 521 |
| 522 |
5747.75 of the Revised Code; | 523 |
| 524 |
production property under section 5747.28 of the Revised Code; | 525 |
| 526 |
the Revised Code; | 527 |
| 528 |
technology transfer investors under section 5747.33 of the Revised | 529 |
Code; | 530 |
| 531 |
the Revised Code; | 532 |
| 533 |
5747.331 of the Revised Code; | 534 |
| 535 |
under section 5747.76 of the Revised Code; | 536 |
| 537 |
building under section 5747.76 of the Revised Code; | 538 |
| 539 |
(A) of section 5747.058 of the Revised Code; | 540 |
| 541 |
entity granted under section 5747.059 of the Revised Code; | 542 |
| 543 |
qualifying pass-through entity granted under division (J) of | 544 |
section 5747.08 of the Revised Code; | 545 |
| 546 |
division (B)(1) of section 5747.062 of the Revised Code; | 547 |
| 548 |
Revised Code for losses on loans made to the Ohio venture capital | 549 |
program under sections 150.01 to 150.10 of the Revised Code. | 550 |
(B) For any credit, except the refundable credits enumerated | 551 |
in
| 552 |
granted under division (I) of section 5747.08 of the Revised | 553 |
Code, the amount of the credit for a taxable year shall not | 554 |
exceed the tax due after allowing for any other credit that | 555 |
precedes it in the order required under this section. Any excess | 556 |
amount of a particular credit may be carried forward if | 557 |
authorized under the section creating that credit. Nothing in | 558 |
this chapter shall be construed to allow a taxpayer to claim, | 559 |
directly or indirectly, a credit more than once for a taxable | 560 |
year. | 561 |
Section 2. That existing sections 5725.98, 5729.98, 5733.01, | 562 |
5733.98, and 5747.98 of the Revised Code are hereby repealed. | 563 |