Bill Text: OH HB494 | 2011-2012 | 129th General Assembly | Introduced
Bill Title: To provide a five per cent bid preference for state contracts to a business owned by veterans and to authorize a personal income and commercial activity tax credit for a business that hires and employs a veteran for at least one year.
Spectrum: Partisan Bill (Democrat 9-0)
Status: (Introduced - Dead) 2012-03-27 - To Ways & Means [HB494 Detail]
Download: Ohio-2011-HB494-Introduced.html
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Representative Pillich
Cosponsors:
Representatives Fende, Lundy, Murray, Phillips, Garland, Antonio, Ashford, Reece
To amend sections 125.01, 125.09, 125.11, 3772.033, | 1 |
5747.98, and 5751.98 and to enact sections 5747.61 | 2 |
and 5751.55 of the Revised Code to provide a five | 3 |
per cent bid preference for state contracts to a | 4 |
business owned by veterans and to authorize a | 5 |
personal income and commercial activity tax credit | 6 |
for a business that hires and employs a veteran | 7 |
for at least one year. | 8 |
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 125.01, 125.09, 125.11, 3772.033, | 9 |
5747.98, and 5751.98 be amended and sections 5747.61 and 5751.55 | 10 |
of the Revised Code be enacted to read as follows: | 11 |
Sec. 125.01. As used in this chapter: | 12 |
(A) "Order" means a copy of a contract or a statement of the | 13 |
nature of a contemplated expenditure, a description of the | 14 |
property or supplies to be purchased or service to be performed, | 15 |
other than a service performed by officers and regular employees | 16 |
of the state, and per diem of the national guard, and the total | 17 |
sum of the expenditure to be made therefor, if the sum is fixed | 18 |
and ascertained, otherwise the estimated sum thereof, and an | 19 |
authorization to pay for the contemplated expenditure, signed by | 20 |
the person instructed and authorized to pay upon receipt of a | 21 |
proper invoice. | 22 |
(B) "Invoice" means an itemized listing showing delivery of | 23 |
the supplies or performance of the service described in the order, | 24 |
and the date of the purchase or rendering of the service, or an | 25 |
itemization of the things done, material supplied, or labor | 26 |
furnished, and the sum due pursuant to the contract or obligation. | 27 |
(C) "Products" means materials, manufacturer's supplies, | 28 |
merchandise, goods, wares, and foodstuffs. | 29 |
(D) "Produced" means the manufacturing, processing, mining, | 30 |
developing, and making of a thing into a new article with a | 31 |
distinct character in use through the application of input, within | 32 |
the state, of Ohio products, labor, skill, or other services. | 33 |
"Produced" does not include the mere assembling or putting | 34 |
together of non-Ohio products or materials. | 35 |
(E) "Ohio products" means products that are mined, excavated, | 36 |
produced, manufactured, raised, or grown in the state by a person | 37 |
where the input of Ohio products, labor, skill, or other services | 38 |
constitutes no less than twenty-five per cent of the manufactured | 39 |
cost. With respect to mined products, such products shall be mined | 40 |
or excavated in this state. | 41 |
(F) "Purchase" means to buy, rent, lease, lease purchase, or | 42 |
otherwise acquire supplies or services. "Purchase" also includes | 43 |
all functions that pertain to the obtaining of supplies or | 44 |
services, including description of requirements, selection and | 45 |
solicitation of sources, preparation and award of contracts, all | 46 |
phases of contract administration, and receipt and acceptance of | 47 |
the supplies and services and payment for them. | 48 |
(G) "Services" means the furnishing of labor, time, or effort | 49 |
by a person, not involving the delivery of a specific end product | 50 |
other than a report which, if provided, is merely incidental to | 51 |
the required performance. "Services" does not include services | 52 |
furnished pursuant to employment agreements or collective | 53 |
bargaining agreements. | 54 |
(H) "Supplies" means all property, including, but not limited | 55 |
to, equipment, materials, other tangible assets, and insurance, | 56 |
but excluding real property or an interest in real property. | 57 |
(I) "Competitive selection" means any of the following | 58 |
procedures for making purchases: | 59 |
(1) Competitive sealed bidding under section 125.07 of the | 60 |
Revised Code; | 61 |
(2) Competitive sealed proposals under section 125.071 of the | 62 |
Revised Code; | 63 |
(3) Reverse auctions under section 125.072 of the Revised | 64 |
Code. | 65 |
(J) "Veteran" means a person who served in the armed forces | 66 |
of the United States on active military duty and was discharged | 67 |
from the service under honorable conditions, and who either served | 68 |
on active duty for reasons other than training or, while serving | 69 |
on active duty for training, incurred a disability recognized by | 70 |
the United States department of veterans affairs or department of | 71 |
defense as service-connected. | 72 |
(K) "Qualifying veteran-owned business" means one of the | 73 |
following that is also eligible for the Ohio products preference | 74 |
allowed under section 125.09 of the Revised Code: | 75 |
(1) A sole proprietorship owned by a veteran; | 76 |
(2) A partnership in which a majority of the partnership is | 77 |
owned by veterans; | 78 |
(3) A limited liability company in which a majority of the | 79 |
membership interests of the company are owned by veterans; or | 80 |
(4) A corporation owned wholly by individuals in which a | 81 |
majority of the common stock of the corporation is owned by | 82 |
veterans. | 83 |
Sec. 125.09. (A) Pursuant to section 125.07 of the Revised | 84 |
Code, the department of administrative services may prescribe such | 85 |
conditions under which competitive sealed bids will be received | 86 |
and terms of the proposed purchase as it considers necessary; | 87 |
provided, that all such conditions and terms shall be reasonable | 88 |
and shall not unreasonably restrict competition, and bidders may | 89 |
bid upon all or any item of the supplies or services listed in | 90 |
such notice. Those bidders claiming the preference for United | 91 |
States | 92 |
outlined in this chapter shall designate in their bids either that | 93 |
the product to be supplied is an Ohio product or produced or mined | 94 |
by a qualifying veteran-owned business, or that, under the rules | 95 |
established by the director of administrative services, they | 96 |
qualify as having a significant Ohio economic presence. | 97 |
(B) The department may require that each bidder provide | 98 |
sufficient information about the energy efficiency or energy usage | 99 |
of the bidder's product or service. | 100 |
(C) The director of administrative services shall, by rule | 101 |
adopted pursuant to Chapter 119. of the Revised Code, prescribe | 102 |
criteria and procedures for use by all state agencies in giving | 103 |
preference to United States | 104 |
veteran-owned business products as required by division (B) of | 105 |
section 125.11 of the Revised Code. The rules shall extend to: | 106 |
(1) Criteria for determining that a product is produced or | 107 |
mined in the United States rather than in another country or | 108 |
territory; | 109 |
(2) Criteria for determining that a product is produced or | 110 |
mined in Ohio; | 111 |
(3) Subject to division (D) of this section, criteria for | 112 |
determining whether a product is produced or mined by a qualifying | 113 |
veteran-owned business; | 114 |
(4) Information to be submitted by bidders as to the nature | 115 |
of a product and the location where it is produced or mined; | 116 |
| 117 |
qualify bidders located in states bordering Ohio who might | 118 |
otherwise be excluded from being awarded a contract by operation | 119 |
of this section and section 125.11 of the Revised Code. The | 120 |
criteria and procedures shall recognize the level and regularity | 121 |
of interstate commerce between Ohio and the border states and | 122 |
provide that the non-Ohio businesses may qualify for award of a | 123 |
contract as long as they are located in a state that imposes no | 124 |
greater restrictions than are contained in this section and | 125 |
section 125.11 of the Revised Code upon persons located in Ohio | 126 |
selling products or services to agencies of that state. The | 127 |
criteria and procedures shall also provide that a non-Ohio | 128 |
business shall not bid on a contract for state printing in this | 129 |
state if the business is located in a state that excludes Ohio | 130 |
businesses from bidding on state printing contracts in that state. | 131 |
| 132 |
whose manufactured products, except for mined products, are | 133 |
produced in other states or in North America, but the bidders have | 134 |
a significant Ohio economic presence in terms of the number of | 135 |
employees or capital investment a bidder has in this state. | 136 |
Bidders with a significant Ohio economic presence shall qualify | 137 |
for award of a contract on the same basis as if their products | 138 |
were produced in this state. | 139 |
| 140 |
waivers of the requirements of division (B) of section 125.11 of | 141 |
the Revised Code on a contract-by-contract basis where compliance | 142 |
with those requirements would result in the state agency paying an | 143 |
excessive price for the product or acquiring a disproportionately | 144 |
inferior product; | 145 |
| 146 |
necessary to implement the system of preferences established | 147 |
pursuant to division (B) of section 125.11 of the Revised Code. | 148 |
In adopting the rules required under | 149 |
(C)(1), (2), (4), (5), (6), (7), and (8) of this section, the | 150 |
director shall, to the maximum extent possible, conform to the | 151 |
requirements of the federal "Buy America Act," 47 Stat. 1520, | 152 |
(1933), 41 U.S.C.A. 10a-10d, as amended, and to the regulations | 153 |
adopted thereunder. | 154 |
(D) Where the director of administrative services determines | 155 |
that selection of the lowest qualifying veteran-owned business | 156 |
bid, if any, will not result in an excessive price or a | 157 |
disproportionately inferior product or service, the director shall | 158 |
propose a contract award to the low qualifying veteran-owned | 159 |
business bid at the bid price quoted. As used in this division, | 160 |
"excessive price" means a price that exceeds the lowest price | 161 |
submitted by a bidder that is not a qualifying veteran-owned | 162 |
business by the lesser of five thousand dollars or five per cent | 163 |
of that lowest price, after accounting for all other preferences | 164 |
allowed to bidders under this section. | 165 |
Sec. 125.11. (A) Subject to division (B) of this section, | 166 |
contracts awarded pursuant to a reverse auction under section | 167 |
125.072 of the Revised Code or pursuant to competitive sealed | 168 |
bidding, including contracts awarded under section 125.081 of the | 169 |
Revised Code, shall be awarded to the lowest responsive and | 170 |
responsible bidder on each item in accordance with section 9.312 | 171 |
of the Revised Code. When the contract is for meat products as | 172 |
defined in section 918.01 of the Revised Code or poultry products | 173 |
as defined in section 918.21 of the Revised Code, only those bids | 174 |
received from vendors offering products from establishments on the | 175 |
current list of meat and poultry vendors established and | 176 |
maintained by the director of administrative services under | 177 |
section 125.17 of the Revised Code shall be eligible for | 178 |
acceptance. The department of administrative services may accept | 179 |
or reject any or all bids in whole or by items, except that when | 180 |
the contract is for services or products available from a | 181 |
qualified nonprofit agency pursuant to sections 125.60 to 125.6012 | 182 |
or 4115.31 to 4115.35 of the Revised Code, the contract shall be | 183 |
awarded to that agency. | 184 |
(B) Prior to awarding a contract under division (A) of this | 185 |
section, the department of administrative services or the state | 186 |
agency responsible for evaluating a contract for the purchase of | 187 |
products shall evaluate the bids received according to the | 188 |
criteria and procedures established pursuant to divisions (C)(1) | 189 |
190 | |
determining if a product is produced or mined in the United States | 191 |
192 | |
product is produced or mined by a qualifying veteran-owned | 193 |
business. The department or other state agency shall first remove | 194 |
bids that offer products that have not been or that will not be | 195 |
produced or mined in the United States. From among the remaining | 196 |
bids, the department or other state agency shall select the lowest | 197 |
responsive and responsible bid, in accordance with section 9.312 | 198 |
of the Revised Code, from among the bids that offer products that | 199 |
have been produced or mined in this state or from bids, if any, | 200 |
that offer products that have been produced or mined by qualifying | 201 |
veteran-owned businesses in accordance with division (D) of | 202 |
section 125.09 of the Revised Code, where sufficient competition | 203 |
can be generated within this state to ensure that compliance with | 204 |
these requirements will not result in an excessive price for the | 205 |
product or acquiring a disproportionately inferior product. | 206 |
(C) Division (B) of this section applies to contracts for | 207 |
which competitive bidding is waived by the controlling board. | 208 |
(D) Division (B) of this section does not apply to the | 209 |
purchase by the division of liquor control of spirituous liquor. | 210 |
(E) The director of administrative services shall publish in | 211 |
the form of a model act for use by counties, townships, municipal | 212 |
corporations, or any other political subdivision described in | 213 |
division (B) of section 125.04 of the Revised Code, a system of | 214 |
preferences for products mined and produced in this state and in | 215 |
the United States and for Ohio-based contractors. The model act | 216 |
shall reflect substantial equivalence to the system of preferences | 217 |
in purchasing and public improvement contracting procedures under | 218 |
which the state operates pursuant to this chapter and section | 219 |
153.012 of the Revised Code. To the maximum extent possible, | 220 |
consistent with the Ohio system of preferences in purchasing and | 221 |
public improvement contracting procedures, the model act shall | 222 |
incorporate all of the requirements of the federal "Buy America | 223 |
Act," 47 Stat. 1520 (1933), 41 U.S.C. 10a to 10d, as amended, and | 224 |
the rules adopted under that act. | 225 |
Before and during the development and promulgation of the | 226 |
model act, the director shall consult with appropriate statewide | 227 |
organizations representing counties, townships, and municipal | 228 |
corporations so as to identify the special requirements and | 229 |
concerns these political subdivisions have in their purchasing and | 230 |
public improvement contracting procedures. The director shall | 231 |
promulgate the model act by rule adopted pursuant to Chapter 119. | 232 |
of the Revised Code and shall revise the act as necessary to | 233 |
reflect changes in this chapter or section 153.012 of the Revised | 234 |
Code. | 235 |
The director shall make available copies of the model act, | 236 |
supporting information, and technical assistance to any township, | 237 |
county, or municipal corporation wishing to incorporate the | 238 |
provisions of the act into its purchasing or public improvement | 239 |
contracting procedure. | 240 |
Sec. 3772.033. In carrying out the responsibilities vested in | 241 |
the commission by this chapter, the commission may do all the | 242 |
following and may designate any such responsibilities to the | 243 |
executive director, to the commission's employees, or to the | 244 |
gaming agents: | 245 |
(A) Inspect and examine all premises where casino gaming is | 246 |
conducted or gaming supplies, devices, or equipment are | 247 |
manufactured, sold, or distributed; | 248 |
(B) Inspect all gaming supplies, devices, and equipment in or | 249 |
about a casino facility; | 250 |
(C) Summarily impound and seize and remove from the casino | 251 |
facility premises gaming supplies, devices, and equipment for the | 252 |
purpose of examination and inspection; | 253 |
(D) Determine any facts, or any conditions, practices, or | 254 |
other matters, as the commission considers necessary or proper to | 255 |
aid in the enforcement of this chapter or of a rule adopted | 256 |
thereunder; | 257 |
(E) Audit gaming operations, including those that have ceased | 258 |
operation; | 259 |
(F) Investigate, for the purpose of prosecution, any | 260 |
suspected violation of this chapter or rules adopted thereunder; | 261 |
(G) Investigate as appropriate to aid the commission and to | 262 |
seek the executive director's advice in adopting rules; | 263 |
(H) Secure information as is necessary to provide a basis for | 264 |
recommending legislation for the improvement of this chapter; | 265 |
(I) Make, execute, and otherwise effectuate all contracts and | 266 |
other agreements, including contracts for necessary purchases of | 267 |
goods and services. Except for any contract entered into with | 268 |
independent testing laboratories under section 3772.31 of the | 269 |
Revised Code, the commission shall ensure use of Ohio or | 270 |
qualifying veteran-owned business products or services in | 271 |
compliance with sections 125.09 and 125.11 of the Revised Code and | 272 |
all rules adopted thereunder. | 273 |
(J) Employ the services of persons the commission considers | 274 |
necessary for the purposes of consultation or investigation, and | 275 |
fix the salaries of, or contract for the services of, legal, | 276 |
accounting, technical, operational, and other personnel and | 277 |
consultants; | 278 |
(K) Secure, by agreement, information and services as the | 279 |
commission considers necessary from any state agency or other unit | 280 |
of state government; | 281 |
(L) Acquire furnishings, equipment, supplies, stationery, | 282 |
books, and all other things the commission considers necessary or | 283 |
desirable to successfully and efficiently carry out the | 284 |
commission's duties and functions; and | 285 |
(M) Perform all other things the commission considers | 286 |
necessary to effectuate the intents and purposes of this chapter. | 287 |
This section shall not prohibit the commission from imposing | 288 |
administrative discipline, including fines and suspension or | 289 |
revocation of licenses, on licensees under this chapter if the | 290 |
licensee is found to be in violation of the commission's rules. | 291 |
Sec. 5747.61. (A) As used in this section, "veteran" means a | 292 |
person subject to the tax imposed by section 5747.02 of the | 293 |
Revised Code who served in the armed forces of the United States | 294 |
on active military duty and was discharged from the service under | 295 |
honorable conditions, and who either served on active duty for | 296 |
reasons other than training or, while serving on active duty for | 297 |
training, incurred a disability recognized by the United States | 298 |
department of veterans affairs or department of defense as | 299 |
service-connected. | 300 |
(B) There is hereby allowed a nonrefundable credit against | 301 |
the tax imposed by section 5747.02 of the Revised Code for a | 302 |
taxpayer that is an employer required to deduct and withhold | 303 |
income tax from an employee's compensation and remit such amounts | 304 |
under sections 5747.06 and 5747.07 of the Revised Code and that | 305 |
employs a veteran for a period of twelve consecutive months, | 306 |
provided the veteran is employed by the employer for at least one | 307 |
thousand five hundred sixty hours during that period. The amount | 308 |
of the credit shall equal two thousand dollars for each veteran so | 309 |
employed. | 310 |
The credit shall be claimed for the taxable year immediately | 311 |
following the taxable year that includes the date that is one year | 312 |
following the date on which the veteran was hired. The credit | 313 |
shall be claimed in the order required under section 5747.98 of | 314 |
the Revised Code. Any credit amount in excess of the tax due after | 315 |
allowing for credits that precede the credit under this section in | 316 |
that order may be carried forward to any ensuing taxable year, but | 317 |
the amount of any excess credit allowed in any such year shall be | 318 |
deducted from the balance carried forward to the next year. | 319 |
A credit may be claimed under this section by a taxpayer only | 320 |
once for each individual veteran. A person that claims the credit | 321 |
under section 5751.55 of the Revised Code may not claim the credit | 322 |
under this section for the same veteran. | 323 |
Nothing in this section limits or disallows pass-through | 324 |
treatment of the credit. | 325 |
Sec. 5747.98. (A) To provide a uniform procedure for | 326 |
calculating the amount of tax due under section 5747.02 of the | 327 |
Revised Code, a taxpayer shall claim any credits to which the | 328 |
taxpayer is entitled in the following order: | 329 |
(1) The retirement income credit under division (B) of | 330 |
section 5747.055 of the Revised Code; | 331 |
(2) The senior citizen credit under division (C) of section | 332 |
5747.05 of the Revised Code; | 333 |
(3) The lump sum distribution credit under division (D) of | 334 |
section 5747.05 of the Revised Code; | 335 |
(4) The dependent care credit under section 5747.054 of the | 336 |
Revised Code; | 337 |
(5) The lump sum retirement income credit under division (C) | 338 |
of section 5747.055 of the Revised Code; | 339 |
(6) The lump sum retirement income credit under division (D) | 340 |
of section 5747.055 of the Revised Code; | 341 |
(7) The lump sum retirement income credit under division (E) | 342 |
of section 5747.055 of the Revised Code; | 343 |
(8) The low-income credit under section 5747.056 of the | 344 |
Revised Code; | 345 |
(9) The credit for displaced workers who pay for job training | 346 |
under section 5747.27 of the Revised Code; | 347 |
(10) The campaign contribution credit under section 5747.29 | 348 |
of the Revised Code; | 349 |
(11) The twenty-dollar personal exemption credit under | 350 |
section 5747.022 of the Revised Code; | 351 |
(12) The joint filing credit under division (G) of section | 352 |
5747.05 of the Revised Code; | 353 |
(13) The nonresident credit under division (A) of section | 354 |
5747.05 of the Revised Code; | 355 |
(14) The credit for a resident's out-of-state income under | 356 |
division (B) of section 5747.05 of the Revised Code; | 357 |
(15) The credit for employers that enter into agreements with | 358 |
child day-care centers under section 5747.34 of the Revised Code; | 359 |
(16) The credit for employers that reimburse employee child | 360 |
care expenses under section 5747.36 of the Revised Code; | 361 |
(17) The credit for adoption of a minor child under section | 362 |
5747.37 of the Revised Code; | 363 |
(18) The credit for purchases of lights and reflectors under | 364 |
section 5747.38 of the Revised Code; | 365 |
(19) The nonrefundable job retention credit under division | 366 |
(B) of section 5747.058 of the Revised Code; | 367 |
(20) The credit for selling alternative fuel under section | 368 |
5747.77 of the Revised Code; | 369 |
(21) The nonrefundable credit for employing veterans under | 370 |
section 5747.61 of the Revised Code; | 371 |
(22) The second credit for purchases of new manufacturing | 372 |
machinery and equipment and the credit for using Ohio coal under | 373 |
section 5747.31 of the Revised Code; | 374 |
| 375 |
Revised Code; | 376 |
| 377 |
the Revised Code; | 378 |
| 379 |
voluntary action under section 5747.32 of the Revised Code; | 380 |
| 381 |
child day-care centers under section 5747.35 of the Revised Code; | 382 |
| 383 |
5747.75 of the Revised Code; | 384 |
| 385 |
production property under section 5747.28 of the Revised Code; | 386 |
| 387 |
5747.81 of the Revised Code; | 388 |
| 389 |
technology transfer investors under section 5747.33 of the Revised | 390 |
Code; | 391 |
| 392 |
the Revised Code; | 393 |
| 394 |
5747.331 of the Revised Code; | 395 |
| 396 |
under section 5747.76 of the Revised Code; | 397 |
| 398 |
building under section 5747.76 of the Revised Code; | 399 |
| 400 |
credit under division (A) of section 5747.058 of the Revised Code; | 401 |
| 402 |
entity granted under section 5747.059 of the Revised Code; | 403 |
| 404 |
qualifying pass-through entity granted under division (J) of | 405 |
section 5747.08 of the Revised Code; | 406 |
| 407 |
division (B)(1) of section 5747.062 of the Revised Code; | 408 |
| 409 |
5747.063 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 |
under section 5747.66 of the Revised Code. | 415 |
(B) For any credit, except the refundable credits enumerated | 416 |
in this section and the credit granted under division (I) of | 417 |
section 5747.08 of the Revised Code, the amount of the credit for | 418 |
a taxable year shall not exceed the tax due after allowing for any | 419 |
other credit that precedes it in the order required under this | 420 |
section. Any excess amount of a particular credit may be carried | 421 |
forward if authorized under the section creating that credit. | 422 |
Nothing in this chapter shall be construed to allow a taxpayer to | 423 |
claim, directly or indirectly, a credit more than once for a | 424 |
taxable year. | 425 |
Sec. 5751.55. (A) As used in this section, "veteran" has the | 426 |
same meaning as in section 5747.61 of the Revised Code. | 427 |
(B) There is hereby allowed a nonrefundable credit against | 428 |
the tax imposed by section 5751.02 of the Revised Code for a | 429 |
taxpayer that is an employer required to deduct and withhold | 430 |
income tax from an employee's compensation and remit such amounts | 431 |
under sections 5747.06 and 5747.07 of the Revised Code and that | 432 |
employs a veteran for a period of twelve consecutive months, | 433 |
provided the veteran is employed by the employer for at least one | 434 |
thousand five hundred sixty hours during that period. The amount | 435 |
of the credit shall equal two thousand dollars for each veteran so | 436 |
employed. | 437 |
The credit shall be claimed for the first tax period of the | 438 |
calendar year immediately following the calendar year that | 439 |
includes the date that is one year following the date on which the | 440 |
veteran was hired. The credit shall be claimed in the order | 441 |
required under section 5751.98 of the Revised Code. Any credit | 442 |
amount in excess of the tax due after allowing for credits that | 443 |
precede the credit under this section in that order may be carried | 444 |
forward to any ensuing tax period, but the amount of any excess | 445 |
credit allowed in any such period shall be deducted from the | 446 |
balance carried forward to the next period. | 447 |
A credit may be claimed under this section by a taxpayer only | 448 |
once for each individual veteran. A person that claims the credit | 449 |
under section 5747.61 of the Revised Code may not claim the credit | 450 |
under this section for the same veteran. | 451 |
Sec. 5751.98. (A) To provide a uniform procedure for | 452 |
calculating the amount of tax due under this chapter, a taxpayer | 453 |
shall claim any credits to which it is entitled in the following | 454 |
order: | 455 |
(1) The nonrefundable jobs retention credit under division | 456 |
(B) of section 5751.50 of the Revised Code; | 457 |
(2) The nonrefundable credit for employing veterans under | 458 |
section 5751.55 of the Revised Code; | 459 |
(3) The nonrefundable credit for qualified research expenses | 460 |
under division (B) of section 5751.51 of the Revised Code; | 461 |
| 462 |
research and development loan payments under division (B) of | 463 |
section 5751.52 of the Revised Code; | 464 |
| 465 |
2029 for unused net operating losses under division (B) of section | 466 |
5751.53 of the Revised Code; | 467 |
| 468 |
unused net operating losses under division (C) of section 5751.53 | 469 |
of the Revised Code; | 470 |
| 471 |
credit under division (A) of section 5751.50 of the Revised Code. | 472 |
(B) For any credit except the refundable credits enumerated | 473 |
in this section, the amount of the credit for a tax period shall | 474 |
not exceed the tax due after allowing for any other credit that | 475 |
precedes it in the order required under this section. Any excess | 476 |
amount of a particular credit may be carried forward if authorized | 477 |
under the section creating the credit. | 478 |
Section 2. That existing sections 125.01, 125.09, 125.11, | 479 |
3772.033, 5747.98, and 5751.98 of the Revised Code are hereby | 480 |
repealed. | 481 |