Bill Text: OH HB602 | 2013-2014 | 130th General Assembly | Introduced

Ohio House Bill 602 (Prior Session Legislation)

Introduced

Bill Title: To authorize an income tax credit for the amount of sales tax included in the cost of essential post-disaster goods and services purchased by disaster victims.

Spectrum: Partisan Bill (Republican 4-0)

Status: (Introduced - Dead) 2014-07-28 - To Ways and Means [HB602 Detail]

Download: Ohio-2013-HB602-Introduced.html

As Introduced

130th General Assembly

Regular Session

2013-2014

H. B. No. 602

Representatives Beck, Adams, J.

Cosponsors: Representatives Retherford, Brenner

A BILL

To amend section 5747.98 and to enact section 5747.78

of the Revised Code to authorize an income tax

credit for the amount of sales tax included in the

cost of essential post-disaster goods and services

purchased by disaster victims.

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

Section 1. That section 5747.98 be amended and section	6
5747.78 of the Revised Code be enacted to read as follows:	7

Sec. 5747.78. (A) As used in this section:

(1) "Disaster" has the same meaning as in section 5502.21 of	9
the Revised Code;	10

(2) "Essential goods and services" includes any good or	11
service necessary to preserve, protect, or sustain the life,	12
health, or safety of an individual or the individual's property	13
after a disaster. "Essential goods and services" may include, but	14
are not limited to, first aid kits, generators, batteries,	15
self-powered light sources, water storage containers, water	16
filters and purifiers, nonelectric food storage containers,	17
cooking fuel, clothing, bedding, hygiene products, nonelectric	18
heaters, tarps, building materials, and services related to	19
transportation and lodging. "Essential goods and services" do not	20
include firearms or ammunition.	21

(B) A refundable credit is hereby allowed against the tax	22
imposed under section 5747.02 of the Revised Code for taxpayers	23
who require essential goods and services as a result of a	24
disaster. The credit shall equal the total amount of state,	25
county, or transit authority sales and use tax imposed under	26
Chapter 5739. or 5741. of the Revised Code and paid on purchases	27
of essential goods and services by the taxpayer within thirty days	28
after the governor of this state declares or proclaims an	29
emergency resulting from the disaster. The credit shall be claimed	30
in the order prescribed by section 5747.98 of the Revised Code. If	31
the credit exceeds the amount of tax otherwise due for the taxable	32
year, the excess shall be refunded to the taxpayer.	33

Sec. 5747.98. (A) To provide a uniform procedure for	34
calculating the amount of tax due under section 5747.02 of the	35
Revised Code, a taxpayer shall claim any credits to which the	36
taxpayer is entitled in the following order:	37

(1) The retirement income credit under division (B) of	38
section 5747.055 of the Revised Code;	39

(2) The senior citizen credit under division (C) of section	40
5747.05 of the Revised Code;	41

(3) The lump sum distribution credit under division (D) of	42
section 5747.05 of the Revised Code;	43

(4) The dependent care credit under section 5747.054 of the	44
Revised Code;	45

(5) The lump sum retirement income credit under division (C)	46
of section 5747.055 of the Revised Code;	47

(6) The lump sum retirement income credit under division (D)	48
of section 5747.055 of the Revised Code;	49

(7) The lump sum retirement income credit under division (E)	50
of section 5747.055 of the Revised Code;	51

(8) The low-income credit under section 5747.056 of the	52
Revised Code;	53

(9) The credit for displaced workers who pay for job training	54
under section 5747.27 of the Revised Code;	55

(10) The campaign contribution credit under section 5747.29	56
of the Revised Code;	57

(11) The twenty-dollar personal exemption credit under	58
section 5747.022 of the Revised Code;	59

(12) The joint filing credit under division (G) of section	60
5747.05 of the Revised Code;	61

(13) The nonresident credit under division (A) of section	62
5747.05 of the Revised Code;	63

(14) The credit for a resident's out-of-state income under	64
division (B) of section 5747.05 of the Revised Code;	65

(15) The earned income credit under section 5747.71 of the	66
Revised Code;	67

(16) The credit for employers that reimburse employee child	68
care expenses under section 5747.36 of the Revised Code;	69

(17) The credit for adoption of a minor child under section	70
5747.37 of the Revised Code;	71

(18) The credit for purchases of lights and reflectors under	72
section 5747.38 of the Revised Code;	73

(19) The nonrefundable job retention credit under division	74
(B) of section 5747.058 of the Revised Code;	75

(20) The credit for selling alternative fuel under section	76
5747.77 of the Revised Code;	77

(21) The second credit for purchases of new manufacturing	78
machinery and equipment and the credit for using Ohio coal under	79
section 5747.31 of the Revised Code;	80

(22) The job training credit under section 5747.39 of the	81
Revised Code;	82

(23) The enterprise zone credit under section 5709.66 of the	83
Revised Code;	84

(24) The credit for the eligible costs associated with a	85
voluntary action under section 5747.32 of the Revised Code;	86

(25) The credit for employers that establish on-site child	87
day-care centers under section 5747.35 of the Revised Code;	88

(26) The ethanol plant investment credit under section	89
5747.75 of the Revised Code;	90

(27) The credit for purchases of qualifying grape production	91
property under section 5747.28 of the Revised Code;	92

(28) The small business investment credit under section	93
5747.81 of the Revised Code;	94

(29) The enterprise zone credits under section 5709.65 of the	95
Revised Code;	96

(30) The research and development credit under section	97
5747.331 of the Revised Code;	98

(31) The credit for rehabilitating a historic building under	99
section 5747.76 of the Revised Code;	100

(32) The refundable credit for rehabilitating a historic	101
building under section 5747.76 of the Revised Code;	102

(33) The refundable jobs creation credit or job retention	103
credit under division (A) of section 5747.058 of the Revised Code;	104

(34) The refundable credit for taxes paid by a qualifying	105
entity granted under section 5747.059 of the Revised Code;	106

(35) The refundable credits for taxes paid by a qualifying	107
pass-through entity granted under division (I) of section 5747.08	108
of the Revised Code;	109

(36) The refundable credit under section 5747.80 of the	110
Revised Code for losses on loans made to the Ohio venture capital	111
program under sections 150.01 to 150.10 of the Revised Code;	112

(37) The refundable motion picture production credit under	113
section 5747.66 of the Revised Code;	114

(38) The refundable credit for financial institution taxes	115
paid by a pass-through entity granted under section 5747.65 of the	116
Revised Code;	117

(39) The refundable credit for sales and use tax paid on	118
purchases of essential goods and services purchased after a	119
disaster.	120

(B) For any credit, except the refundable credits enumerated	121
in this section and the credit granted under division (H) of	122
section 5747.08 of the Revised Code, the amount of the credit for	123
a taxable year shall not exceed the tax due after allowing for any	124
other credit that precedes it in the order required under this	125
section. Any excess amount of a particular credit may be carried	126
forward if authorized under the section creating that credit.	127
Nothing in this chapter shall be construed to allow a taxpayer to	128
claim, directly or indirectly, a credit more than once for a	129
taxable year.	130