Officials of the Department of Revenue state this section of the proposal would require modifications to the individual, corporate and financial institution tax systems, forms and schedules. These modifications would be completed by existing personnel. The Division of Taxation would request one Tax Audit Analyst I for every 25,000 returns that claim this credit. Responsibilities would be credit verification, processing and error correction. Oversight assumes the Department of Revenue could handle this section of the proposal with their current resources.
Any unauthorized disclosure is punishable as a Class D felony.
This legislation deems the residency requirement fulfilled for claimants who die before December 31 and who meet all of the other qualifications for the credit. This legislation also clarifies that a disability need not occur after gainful employment in order to qualify for the credit. Currently, the Department of Revenue interprets the law to require a disabled person to have been gainfully employed prior to such disability in order to qualify for the credit. Currently, an income limitation is placed on sole proprietors, corporations and partnerships. This section is also amended to allow a court or the Administrative Hearing Commission to award the Department of Revenue reasonable litigation expenses if the tribunal finds the position of the party to be patently frivolous.