Bill Text: OH HB360 | 2009-2010 | 128th General Assembly | Introduced


Bill Title: To grant an income tax credit eliminating tax liability for five years for individuals who obtain journeyperson status and who reside in Ohio and to prohibit the Apprenticeship Council from adopting standards for apprenticeship ratios that are stricter than those requirements specified in the federal regulations governing apprenticeship programs and from discriminating against open or merit shops.

Spectrum: Partisan Bill (Republican 18-0)

Status: (Introduced - Dead) 2009-11-10 - To Ways & Means [HB360 Detail]

Download: Ohio-2009-HB360-Introduced.html
As Introduced

128th General Assembly
Regular Session
2009-2010
H. B. No. 360


Representatives Snitchler, Morgan 

Cosponsors: Representatives Boose, Grossman, Lehner, Adams, J., Derickson, Combs, Blair, Mecklenborg, Huffman, Stebelton, Blessing, Baker, Sears, Uecker, Beck, Martin 



A BILL
To amend sections 4139.03, 4139.05, 5747.08, and 1
5747.98 and to enact section 5747.81 of the 2
Revised Code to grant an income tax credit 3
eliminating tax liability for five years for 4
individuals who obtain journeyperson status and 5
who reside in Ohio and to prohibit the 6
Apprenticeship Council from adopting standards for 7
apprenticeship ratios that are stricter than those 8
requirements specified in the federal regulations 9
governing apprenticeship programs and from 10
discriminating against open or merit shops. 11


BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

       Section 1. That sections 4139.03, 4139.05, 5747.08, and 12
5747.98 be amended and section 5747.81 of the Revised Code be 13
enacted to read as follows: 14

       Sec. 4139.03.  The apprenticeship council may establish 15
minimum standards for apprenticeship programs and may formulate16
policies and issue rules as may be necessary to carry out the 17
purpose of sections 4139.01 to 4139.06 of the Revised Code. If the 18
council adopts minimum standards for apprenticeship programs, the 19
council shall not impose any requirements to specify apprentice to 20
journeyperson ratios that are stricter than those requirements 21
specified in regulations adopted by the United States secretary of 22
labor pursuant to the "National Apprenticeship Act," 50 Stat. 664, 23
29 U.S.C. 50, as amended. In adopting those standards, the council 24
shall not prescribe requirements that discriminate against an 25
employer that operates an open or merit shop, unless the council 26
is required to adopt such a requirement to comply with the 27
regulations adopted by the United States secretary of labor 28
pursuant to the "National Apprenticeship Act," 50 State. 664, 29 29
U.S.C. 50, as amended. The council shall determine the date and 30
place of its meetings and shall prescribe its own rules of 31
procedure.32

       Sec. 4139.05. (A) The executive secretary of the33
apprenticeship council has the following duties:34

       (A)(1) Encourage the voluntary participation of employers and 35
employees in the furtherance of the objective of sections 4139.01 36
to 4139.06 of the Revised Code;37

       (B)(2) Register any apprenticeship programs and agreements38
that meet the minimum standards established by the council;39

       (C)(3) Terminate or cancel on the authority of the council 40
any registered apprenticeship programs and agreements not in 41
accordance with the provisions of such standards;42

       (D)(4) Keep a record of apprenticeship programs and their 43
disposition;44

       (E)(5) Issue certificate of completion of apprenticeship in 45
accordance with the council's standards;46

       (F)(6) Devise all necessary procedures and records;47

       (G)(7) Prepare statistical reports regarding apprenticeship 48
training;49

       (H)(8) Issue information related to apprenticeship;50

       (I)(9) Perform such other duties as the council may direct.51

       (B) The executive secretary, when registering an 52
apprenticeship program or agreement under division (A)(2) of this 53
section, shall not discriminate against an employer because that 54
employer operates an open or merit shop.55

       Sec. 5747.08.  An annual return with respect to the tax 56
imposed by section 5747.02 of the Revised Code and each tax 57
imposed under Chapter 5748. of the Revised Code shall be made by 58
every taxpayer for any taxable year for which the taxpayer is 59
liable for the tax imposed by that section or under that chapter, 60
unless the total credits allowed under divisions (E), (F), and (G) 61
of section 5747.05 of the Revised Code for the year are equal to 62
or exceed the tax imposed by section 5747.02 of the Revised Code, 63
in which case no return shall be required unless the taxpayer is 64
liable for a tax imposed pursuant to Chapter 5748. of the Revised 65
Code. 66

       (A) If an individual is deceased, any return or notice 67
required of that individual under this chapter shall be made and 68
filed by that decedent's executor, administrator, or other person 69
charged with the property of that decedent. 70

       (B) If an individual is unable to make a return or notice 71
required by this chapter, the return or notice required of that 72
individual shall be made and filed by the individual's duly 73
authorized agent, guardian, conservator, fiduciary, or other 74
person charged with the care of the person or property of that 75
individual. 76

       (C) Returns or notices required of an estate or a trust shall 77
be made and filed by the fiduciary of the estate or trust. 78

       (D)(1)(a) Except as otherwise provided in division (D)(1)(b) 79
of this section, any pass-through entity may file a single return 80
on behalf of one or more of the entity's investors other than an 81
investor that is a person subject to the tax imposed under section 82
5733.06 of the Revised Code. The single return shall set forth the 83
name, address, and social security number or other identifying 84
number of each of those pass-through entity investors and shall 85
indicate the distributive share of each of those pass-through 86
entity investor's income taxable in this state in accordance with 87
sections 5747.20 to 5747.231 of the Revised Code. Such 88
pass-through entity investors for whom the pass-through entity 89
elects to file a single return are not entitled to the exemption 90
or credit provided for by sections 5747.02 and 5747.022 of the 91
Revised Code; shall calculate the tax before business credits at 92
the highest rate of tax set forth in section 5747.02 of the 93
Revised Code for the taxable year for which the return is filed; 94
and are entitled to only their distributive share of the business 95
credits as defined in division (D)(2) of this section. A single 96
check drawn by the pass-through entity shall accompany the return 97
in full payment of the tax due, as shown on the single return, for 98
such investors, other than investors who are persons subject to 99
the tax imposed under section 5733.06 of the Revised Code. 100

       (b)(i) A pass-through entity shall not include in such a 101
single return any investor that is a trust to the extent that any 102
direct or indirect current, future, or contingent beneficiary of 103
the trust is a person subject to the tax imposed under section 104
5733.06 of the Revised Code. 105

       (ii) A pass-through entity shall not include in such a single 106
return any investor that is itself a pass-through entity to the 107
extent that any direct or indirect investor in the second 108
pass-through entity is a person subject to the tax imposed under 109
section 5733.06 of the Revised Code. 110

       (c) Nothing in division (D) of this section precludes the 111
tax commissioner from requiring such investors to file the 112
return and make the payment of taxes and related interest, 113
penalty, and interest penalty required by this section or section 114
5747.02, 5747.09, or 5747.15 of the Revised Code. Nothing in 115
division (D) of this section shall be construed to provide to 116
such an investor or pass-through entity any additional deduction 117
or credit, other than the credit provided by division (J) of this 118
section, solely on account of the entity's filing a return in 119
accordance with this section. Such a pass-through entity also 120
shall make the filing and payment of estimated taxes on behalf 121
of the pass-through entity investors other than an investor that 122
is a person subject to the tax imposed under section 5733.06 of 123
the Revised Code. 124

       (2) For the purposes of this section, "business credits" 125
means the credits listed in section 5747.98 of the Revised Code 126
excluding the following credits: 127

       (a) The retirement credit under division (B) of section 128
5747.055 of the Revised Code; 129

       (b) The senior citizen credit under division (C) of section 130
5747.05 of the Revised Code; 131

       (c) The lump sum distribution credit under division (D) of 132
section 5747.05 of the Revised Code; 133

       (d) The dependent care credit under section 5747.054 of the 134
Revised Code; 135

       (e) The lump sum retirement income credit under division (C) 136
of section 5747.055 of the Revised Code; 137

       (f) The lump sum retirement income credit under division (D) 138
of section 5747.055 of the Revised Code; 139

       (g) The lump sum retirement income credit under division (E) 140
of section 5747.055 of the Revised Code; 141

       (h) The credit for displaced workers who pay for job training 142
under section 5747.27 of the Revised Code; 143

       (i) The twenty-dollar personal exemption credit under section 144
5747.022 of the Revised Code; 145

       (j) The joint filing credit under division (G) of section 146
5747.05 of the Revised Code; 147

       (k) The nonresident credit under division (A) of section 148
5747.05 of the Revised Code; 149

       (l) The credit for a resident's out-of-state income under 150
division (B) of section 5747.05 of the Revised Code; 151

       (m) The low-income credit under section 5747.056 of the 152
Revised Code;153

       (n) The credit for journeypersons under section 5747.81 of 154
the Revised Code. 155

       (3) The election provided for under division (D) of this 156
section applies only to the taxable year for which the election is 157
made by the pass-through entity. Unless the tax commissioner 158
provides otherwise, this election, once made, is binding and 159
irrevocable for the taxable year for which the election is made. 160
Nothing in this division shall be construed to provide for any 161
deduction or credit that would not be allowable if a nonresident 162
pass-through entity investor were to file an annual return. 163

       (4) If a pass-through entity makes the election provided for 164
under division (D) of this section, the pass-through entity shall 165
be liable for any additional taxes, interest, interest penalty, or 166
penalties imposed by this chapter if the tax commissioner finds 167
that the single return does not reflect the correct tax due by the 168
pass-through entity investors covered by that return. Nothing in 169
this division shall be construed to limit or alter the liability, 170
if any, imposed on pass-through entity investors for unpaid or 171
underpaid taxes, interest, interest penalty, or penalties as a 172
result of the pass-through entity's making the election provided 173
for under division (D) of this section. For the purposes of 174
division (D) of this section, "correct tax due" means the tax that 175
would have been paid by the pass-through entity had the single 176
return been filed in a manner reflecting the tax commissioner's 177
findings. Nothing in division (D) of this section shall be 178
construed to make or hold a pass-through entity liable for tax 179
attributable to a pass-through entity investor's income from a 180
source other than the pass-through entity electing to file the 181
single return. 182

       (E) If a husband and wife file a joint federal income tax 183
return for a taxable year, they shall file a joint return under 184
this section for that taxable year, and their liabilities are 185
joint and several, but, if the federal income tax liability of 186
either spouse is determined on a separate federal income tax 187
return, they shall file separate returns under this section. 188

       If either spouse is not required to file a federal income tax 189
return and either or both are required to file a return pursuant 190
to this chapter, they may elect to file separate or joint returns, 191
and, pursuant to that election, their liabilities are separate or 192
joint and several. If a husband and wife file separate returns 193
pursuant to this chapter, each must claim the taxpayer's own 194
exemption, but not both, as authorized under section 5747.02 of 195
the Revised Code on the taxpayer's own return. 196

       (F) Each return or notice required to be filed under this 197
section shall contain the signature of the taxpayer or the 198
taxpayer's duly authorized agent and of the person who prepared 199
the return for the taxpayer, and shall include the taxpayer's 200
social security number. Each return shall be verified by a 201
declaration under the penalties of perjury. The tax commissioner 202
shall prescribe the form that the signature and declaration shall 203
take. 204

       (G) Each return or notice required to be filed under this 205
section shall be made and filed as required by section 5747.04 of 206
the Revised Code, on or before the fifteenth day of April of each 207
year, on forms that the tax commissioner shall prescribe, together 208
with remittance made payable to the treasurer of state in the 209
combined amount of the state and all school district income taxes 210
shown to be due on the form, unless the combined amount shown to 211
be due is one dollar or less, in which case that amount need not 212
be remitted. 213

       Upon good cause shown, the tax commissioner may extend the 214
period for filing any notice or return required to be filed under 215
this section and may adopt rules relating to extensions. If the 216
extension results in an extension of time for the payment of any 217
state or school district income tax liability with respect to 218
which the return is filed, the taxpayer shall pay at the time the 219
tax liability is paid an amount of interest computed at the rate 220
per annum prescribed by section 5703.47 of the Revised Code on 221
that liability from the time that payment is due without extension 222
to the time of actual payment. Except as provided in section 223
5747.132 of the Revised Code, in addition to all other interest 224
charges and penalties, all taxes imposed under this chapter or 225
Chapter 5748. of the Revised Code and remaining unpaid after they 226
become due, except combined amounts due of one dollar or less, 227
bear interest at the rate per annum prescribed by section 5703.47 228
of the Revised Code until paid or until the day an assessment is 229
issued under section 5747.13 of the Revised Code, whichever 230
occurs first. 231

       If the tax commissioner considers it necessary in order to 232
ensure the payment of the tax imposed by section 5747.02 of the 233
Revised Code or any tax imposed under Chapter 5748. of the Revised 234
Code, the tax commissioner may require returns and payments to be 235
made otherwise than as provided in this section. 236

       To the extent that any provision in this division conflicts 237
with any provision in section 5747.026 of the Revised Code, the 238
provision in that section prevails. 239

       (H) If any report, claim, statement, or other document 240
required to be filed, or any payment required to be made, within a 241
prescribed period or on or before a prescribed date under this 242
chapter is delivered after that period or that date by United 243
States mail to the agency, officer, or office with which the 244
report, claim, statement, or other document is required to be 245
filed, or to which the payment is required to be made, the date of 246
the postmark stamped on the cover in which the report, claim, 247
statement, or other document, or payment is mailed shall be deemed 248
to be the date of delivery or the date of payment. 249

       If a payment is required to be made by electronic funds 250
transfer pursuant to section 5747.072 of the Revised Code, the 251
payment is considered to be made when the payment is received by 252
the treasurer of state or credited to an account designated by the 253
treasurer of state for the receipt of tax payments. 254

       "The date of the postmark" means, in the event there is more 255
than one date on the cover, the earliest date imprinted on the 256
cover by the United States postal service. 257

       (I) The amounts withheld by the employer pursuant to section 258
5747.06 of the Revised Code shall be allowed to the recipient of 259
the compensation as credits against payment of the appropriate 260
taxes imposed on the recipient by section 5747.02 and under 261
Chapter 5748. of the Revised Code. 262

       (J) If, in accordance with division (D) of this section, a 263
pass-through entity elects to file a single return and if any 264
investor is required to file the return and make the payment of 265
taxes required by this chapter on account of the investor's other 266
income that is not included in a single return filed by a 267
pass-through entity, the investor is entitled to a refundable 268
credit equal to the investor's proportionate share of the tax paid 269
by the pass-through entity on behalf of the investor. The investor 270
shall claim the credit for the investor's taxable year in which or 271
with which ends the taxable year of the pass-through entity. 272
Nothing in this chapter shall be construed to allow any credit 273
provided in this chapter to be claimed more than once. For the 274
purposes of computing any interest, penalty, or interest penalty, 275
the investor shall be deemed to have paid the refundable credit 276
provided by this division on the day that the pass-through entity 277
paid the estimated tax or the tax giving rise to the credit. 278

       (K) The tax commissioner shall ensure that each return 279
required to be filed under this section includes a box that the 280
taxpayer may check to authorize a paid tax preparer who prepared 281
the return to communicate with the department of taxation about 282
matters pertaining to the return. The return or instructions 283
accompanying the return shall indicate that by checking the box 284
the taxpayer authorizes the department of taxation to contact the 285
preparer concerning questions that arise during the processing of 286
the return and authorizes the preparer only to provide the 287
department with information that is missing from the return, to 288
contact the department for information about the processing of the 289
return or the status of the taxpayer's refund or payments, and to 290
respond to notices about mathematical errors, offsets, or return 291
preparation that the taxpayer has received from the department and 292
has shown to the preparer. 293

       Sec. 5747.81.  (A)(1) For the purpose of developing and 294
maintaining a highly qualified workforce and thereby to improve 295
the economic welfare of all Ohioans, an individual who, on or 296
after the effective date of the enactment of this section, 297
completes an apprenticeship program registered with the 298
apprenticeship counsel created by section 4139.02 of the Revised 299
Code is allowed a credit against the tax imposed by section 300
5747.02 of the Revised Code. The credit shall equal the 301
individual's net tax liability after application of all credits 302
identified in section 5747.98 of the Revised Code preceding the 303
credit authorized by this section. The individual shall claim 304
the credit for the individual's taxable year in which the 305
individual's credit application was approved and in each of the 306
succeeding five taxable years.307

       (2) An individual is liable to the state for credit taken 308
with respect to an apprenticeship program, and forfeits unused 309
credit, if the individual has been allowed the credit for five 310
or fewer of the individual's taxable years and the individual 311
is a nonresident of Ohio. Any amount for which an individual 312
is liable under this division may be collected by assessment 313
under section 5747.13 of the Revised Code, and shall be 314
considered as taxes imposed under section 5747.02 of the 315
Revised Code.316

       (B) Within one year after completing the apprenticeship 317
program, an individual shall apply for a credit to the director 318
of job and family services on a form approved by the director and 319
shall submit any documents required by the director. If the 320
individual qualifies for a credit, the director shall issue a tax 321
credit certificate to the individual. The certificate shall 322
state the individual's name and social security number, the date 323
the credit application was approved, and the taxable years for 324
which the credit shall be claimed.325

        (C) The director of job and family services may designate an 326
entity, including a nonprofit private organization, to perform 327
the administrative duties conferred upon the director by this 328
section.329

       Sec. 5747.98.  (A) To provide a uniform procedure for330
calculating the amount of tax due under section 5747.02 of the331
Revised Code, a taxpayer shall claim any credits to which the332
taxpayer is entitled in the following order:333

       (1) The retirement income credit under division (B) of334
section 5747.055 of the Revised Code;335

       (2) The senior citizen credit under division (C) of section336
5747.05 of the Revised Code;337

       (3) The lump sum distribution credit under division (D) of338
section 5747.05 of the Revised Code;339

       (4) The dependent care credit under section 5747.054 of the340
Revised Code;341

       (5) The lump sum retirement income credit under division (C)342
of section 5747.055 of the Revised Code;343

       (6) The lump sum retirement income credit under division (D)344
of section 5747.055 of the Revised Code;345

       (7) The lump sum retirement income credit under division (E)346
of section 5747.055 of the Revised Code;347

       (8) The low-income credit under section 5747.056 of the 348
Revised Code;349

       (9) The credit for displaced workers who pay for job training 350
under section 5747.27 of the Revised Code;351

       (10) The campaign contribution credit under section 5747.29352
of the Revised Code;353

       (11) The twenty-dollar personal exemption credit under354
section 5747.022 of the Revised Code;355

       (12) The joint filing credit under division (G) of section356
5747.05 of the Revised Code;357

       (13) The nonresident credit under division (A) of section358
5747.05 of the Revised Code;359

       (14) The credit for a resident's out-of-state income under360
division (B) of section 5747.05 of the Revised Code;361

       (15) The credit for employers that enter into agreements with 362
child day-care centers under section 5747.34 of the Revised Code;363

       (16) The credit for employers that reimburse employee child 364
care expenses under section 5747.36 of the Revised Code;365

       (17) The credit for adoption of a minor child under section366
5747.37 of the Revised Code;367

       (18) The credit for purchases of lights and reflectors under368
section 5747.38 of the Revised Code;369

       (19) The job retention credit under division (B) of section370
5747.058 of the Revised Code;371

       (20) The credit for selling alternative fuel under section 372
5747.77 of the Revised Code;373

       (21) The second credit for purchases of new manufacturing374
machinery and equipment and the credit for using Ohio coal under375
section 5747.31 of the Revised Code;376

       (22) The job training credit under section 5747.39 of the377
Revised Code;378

       (23) The enterprise zone credit under section 5709.66 of the379
Revised Code;380

       (24) The credit for the eligible costs associated with a381
voluntary action under section 5747.32 of the Revised Code;382

       (25) The credit for employers that establish on-site child383
day-care centers under section 5747.35 of the Revised Code;384

       (26) The ethanol plant investment credit under section385
5747.75 of the Revised Code;386

       (27) The credit for purchases of qualifying grape production387
property under section 5747.28 of the Revised Code;388

       (28) The credit for journeypersons under section 5747.81 of 389
the Revised Code;390

       (29) The export sales credit under section 5747.057 of the391
Revised Code;392

       (29)(30) The credit for research and development and393
technology transfer investors under section 5747.33 of the Revised394
Code;395

       (30)(31) The enterprise zone credits under section 5709.65 of396
the Revised Code;397

       (31)(32) The research and development credit under section 398
5747.331 of the Revised Code;399

       (32)(33) The credit for rehabilitating a historic building 400
under section 5747.76 of the Revised Code;401

       (33)(34) The refundable credit for rehabilitating a historic 402
building under section 5747.76 of the Revised Code;403

       (34)(35) The refundable jobs creation credit under division404
(A) of section 5747.058 of the Revised Code;405

       (35)(36) The refundable credit for taxes paid by a qualifying406
entity granted under section 5747.059 of the Revised Code;407

       (36)(37) The refundable credits for taxes paid by a408
qualifying pass-through entity granted under division (J) of409
section 5747.08 of the Revised Code;410

       (37)(38) The refundable credit for tax withheld under411
division (B)(1) of section 5747.062 of the Revised Code;412

       (38)(39) The refundable credit under section 5747.80 of the 413
Revised Code for losses on loans made to the Ohio venture capital 414
program under sections 150.01 to 150.10 of the Revised Code;415

       (39)(40) The refundable motion picture production credit 416
under section 5747.66 of the Revised Code.417

       (B) For any credit, except the refundable credits enumerated418
in this section and the credit granted under division (I) of419
section 5747.08 of the Revised Code, the amount of the credit420
for a taxable year shall not exceed the tax due after allowing 421
for any other credit that precedes it in the order required under 422
this section. Any excess amount of a particular credit may be 423
carried forward if authorized under the section creating that 424
credit. Nothing in this chapter shall be construed to allow a 425
taxpayer to claim, directly or indirectly, a credit more than 426
once for a taxable year.427

       Section 2.  That existing sections 4139.03, 4139.05, 5747.08, 428
and 5747.98 of the Revised Code are hereby repealed. 429

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