reglab/housing_qa huggingface dataset:
IN Code § 6-3.1-11-19.5 (2021)
2021 Indiana Code|Title 6. Taxation|Article 3.1. State Tax Liability Credits|Chapter 11. Industrial Recovery Tax Credit|6-3.1-11-19.5. Requirement That Applicant Enter Into Agreement With the Corporation as a Condition of Receiving Tax Credit

Sec. 19.5. If the corporation approves an application under this chapter, the corporation shall require the applicant to enter into an agreement with the corporation as a condition of receiving a tax credit under this chapter.As added by P.L.204-2016, SEC.25.
IN Code § 6-3.1-11-21 (2021)
2021 Indiana Code|Title 6. Taxation|Article 3.1. State Tax Liability Credits|Chapter 11. Industrial Recovery Tax Credit|6-3.1-11-21. Disqualification to Claim Credit Due to Substantial Reduction or Cessation of Operations in Indiana; Determination

Sec. 21. A taxpayer is not entitled to claim the credit provided by this chapter if the corporation determines that the taxpayer has substantially reduced or ceased its operations in Indiana in order to relocate them within the industrial recovery site. A determination that a taxpayer is not entitled to the credit provided by this chapter as a result of a substantial reduction or cessation of operations applies to credits that would otherwise arise in the taxable year in which the substantial reduction or cessation occurs and in all subsequent years.As added by P.L.379-1987(ss), SEC.11. Amended by P.L.288-2013, SEC.42.
IN Code § 6-3.1-11-22 (2021)
2021 Indiana Code|Title 6. Taxation|Article 3.1. State Tax Liability Credits|Chapter 11. Industrial Recovery Tax Credit|6-3.1-11-22. Application of Credit Against Taxes Owed; Order; Computation

Sec. 22. (a) A credit to which a taxpayer is entitled under this chapter shall be applied against taxes owed by the taxpayer in the following order:(1) Against the taxpayer's adjusted gross income tax liability (IC 6-3-1 through IC 6-3-7) for the taxable year.(2) Against the taxpayer's insurance premiums tax liability (IC 27-1-18-2) or nonprofit agricultural organization health coverage tax (IC 6-8-15) for the taxable year.(3) Against the taxpayer's financial institutions tax (IC 6-5.5) for the taxable year.(b) Whenever the tax paid by the taxpayer under any of the tax provisions listed in subsection (a) is a credit against the liability or a deduction in determining the tax base under another Indiana tax provision, the credit or deduction shall be computed without regard to the credit to which a taxpayer is entitled under this chapter.As added by P.L.379-1987(ss), SEC.11. Amended by P.L.80-1989, SEC.11; P.L.347-1989(ss), SEC.17; P.L.1-1990, SEC.79; P.L.192-2002(ss), SEC.102; P.L.1-2003, SEC.37; P.L.154-2020, SEC.15.
IN Code § 6-3.1-11-23 (2021)
2021 Indiana Code|Title 6. Taxation|Article 3.1. State Tax Liability Credits|Chapter 11. Industrial Recovery Tax Credit|6-3.1-11-23. Claiming of Credit on Annual Tax Return; Certification; Required Information

Sec. 23. To receive the credit provided by this chapter, a taxpayer must claim the credit on the taxpayer's annual state tax return or returns in the manner prescribed by the department of state revenue. The taxpayer shall submit to the department of state revenue the certification of the corporation stating the percentage of credit allowable under this chapter and all other information that the department determines is necessary for the calculation of the credit provided by this chapter and for the determination of whether an expenditure was for a qualified investment.As added by P.L.379-1987(ss), SEC.11. Amended by P.L.288-2013, SEC.43.
IN Code § 6-3.1-11-24 (2021)
2021 Indiana Code|Title 6. Taxation|Article 3.1. State Tax Liability Credits|Chapter 11. Industrial Recovery Tax Credit|6-3.1-11-24. Pass Through Entities

Sec. 24. (a) If a pass through entity does not have state income tax liability against which the tax credit provided by this chapter may be applied, a shareholder, partner, or member of the pass through entity is entitled to a tax credit equal to:(1) the tax credit determined for the pass through entity for the taxable year; multiplied by(2) the percentage of the pass through entity's distributive income to which the shareholder, partner, or member is entitled.(b) The credit provided under subsection (a) is in addition to a tax credit to which a shareholder, partner, or member of a pass through entity is otherwise entitled under this chapter.(c) Notwithstanding subsections (a) and (b), a pass through entity (other than an entity described in IC 6-3-1-35(1)) and its partners, beneficiaries, or members may allocate the credit among its partners, beneficiaries, or members of the pass through entity as provided by written agreement without regard to their sharing of other tax or economic attributes. Such agreements shall be filed with the corporation not later than fifteen (15) days after execution. The pass through entity shall also provide a copy of such agreements, a list of partners, beneficiaries, or members of the pass through entity, and their respective shares of the credit resulting from such agreements in the manner prescribed by the department of state revenue. However, this subsection applies only to a project that is located in a redevelopment project area, an economic development area, or an urban renewal project area and that includes, as part of the project, the use and repurposing of two (2) or more buildings and structures that are:(1) at least seventy-five (75) years old; and(2) located at a site at which manufacturing previously occurred over a period of at least seventy-five (75) years.As added by P.L.166-2014, SEC.13. Amended by P.L.212-2018(ss), SEC.25.
IN Code § 6-3.1-11-25 (2021)
2021 Indiana Code|Title 6. Taxation|Article 3.1. State Tax Liability Credits|Chapter 11. Industrial Recovery Tax Credit|6-3.1-11-25. Expiration

Sec. 25. (a) Notwithstanding any other law and except as provided in subsection (b), a taxpayer is entitled to receive a credit under this chapter only for a qualified investment made before January 1, 2020.(b) A taxpayer is entitled to receive a credit for a qualified investment made after December 31, 2019, and before January 1, 2030, if the taxpayer is awarded a credit under:(1) an application approved by the corporation before January 1, 2020; or(2) an agreement entered into by the taxpayer and the corporation before January 1, 2021.(c) This section may not be construed to prevent a taxpayer from carrying an unused tax credit attributable to a qualified investment made before January 1, 2020, or made as provided in subsection (b) forward to a taxable year beginning after December 31, 2019, and before January 1, 2030, in the manner provided for by section 17 of this chapter.(d) This chapter expires January 1, 2030.As added by P.L.158-2019, SEC.10.
IN Code § 6-3.1-13-0.4 (2021)
2021 Indiana Code|Title 6. Taxation|Article 3.1. State Tax Liability Credits|Chapter 13. Economic Development for a Growing Economy Tax Credit|6-3.1-13-0.4. Legalization of Actions Taken by Indiana Economic Development Corporation in Administration of Chapter After February 8, 2005, and Before May 11, 2005

Sec. 0.4. The actions taken by the Indiana economic development corporation to administer this chapter, as amended by P.L.4-2005, after February 8, 2005, and before May 11, 2005, are legalized and validated.As added by P.L.220-2011, SEC.141.
IN Code § 6-3.1-13-1.5 (2021)
2021 Indiana Code|Title 6. Taxation|Article 3.1. State Tax Liability Credits|Chapter 13. Economic Development for a Growing Economy Tax Credit|6-3.1-13-1.5. "Corporation"

Sec. 1.5. As used in this chapter, "corporation" means the Indiana economic development corporation established by IC 5-28-3-1.As added by P.L.4-2005, SEC.66.
IN Code § 6-3.1-13-2 (2021)
2021 Indiana Code|Title 6. Taxation|Article 3.1. State Tax Liability Credits|Chapter 13. Economic Development for a Growing Economy Tax Credit|6-3.1-13-2. "Credit Amount"

Sec. 2. As used in this chapter, "credit amount" means the amount agreed to between the corporation and applicant under this chapter, but not to exceed, in the case of a credit awarded for a project to create new jobs in Indiana, the incremental income tax withholdings attributable to the applicant's project.As added by P.L.41-1994, SEC.1. Amended by P.L.178-2002, SEC.41; P.L.4-2005, SEC.67.
IN Code § 6-3.1-13-4 (2021)
2021 Indiana Code|Title 6. Taxation|Article 3.1. State Tax Liability Credits|Chapter 13. Economic Development for a Growing Economy Tax Credit|6-3.1-13-4. "Full-Time Employee"

Sec. 4. As used in this chapter, "full-time employee" means an individual who is employed for consideration for at least thirty-five (35) hours each week or who renders any other standard of service generally accepted by custom or specified by contract as full-time employment.As added by P.L.41-1994, SEC.1.
IN Code § 6-3.1-13-5 (2021)
2021 Indiana Code|Title 6. Taxation|Article 3.1. State Tax Liability Credits|Chapter 13. Economic Development for a Growing Economy Tax Credit|6-3.1-13-5. "Incremental Income Tax Withholdings"

Sec. 5. (a) As used in this chapter, "incremental income tax withholdings" means either:(1) the total amount withheld under IC 6-3-4-8 by the taxpayer during the taxable year from the compensation of new employees; or(2) the sum of:(A) the total amount withheld under IC 6-3-4-8 by the taxpayer during the taxable year from the compensation of new employees; plus(B) the additional amount that would have been withheld under IC 6-3-4-8 by the taxpayer during the taxable year from the compensation of new employees as if the new Indiana nonresident employees had been Indiana residents;as determined by the corporation.(b) The term does not include any amount withheld from an individual or an additional amount described in subsection (a)(2) for an individual for services provided in Indiana as an employee, if the:(1) individual was, during the period of service, prohibited from being hired as an employee under 8 U.S.C. 1324a; and(2) taxpayer was not enrolled and participating in the E-Verify program (as defined in IC 22-5-1.7-3) during the time the taxpayer conducted business in Indiana in the taxable year.As added by P.L.41-1994, SEC.1. Amended by P.L.171-2011, SEC.5; P.L.158-2019, SEC.11.
IN Code § 6-3.1-13-5.3 (2021)
2021 Indiana Code|Title 6. Taxation|Article 3.1. State Tax Liability Credits|Chapter 13. Economic Development for a Growing Economy Tax Credit|6-3.1-13-5.3. "Naics"

Sec. 5.3. As used in this chapter, "NAICS" refers to the North American Industry Classification System.As added by P.L.197-2005, SEC.2.
IN Code § 6-3.1-13-5.5 (2021)
2021 Indiana Code|Title 6. Taxation|Article 3.1. State Tax Liability Credits|Chapter 13. Economic Development for a Growing Economy Tax Credit|6-3.1-13-5.5. "Naics Industry Sector"

Sec. 5.5. As used in this chapter, "NAICS industry sector" refers to industries that share the same first two (2) digits of the six (6) digit NAICS code assigned to industries in the NAICS Manual of the United States Office of Management and Budget.As added by P.L.197-2005, SEC.3.
IN Code § 6-3.1-13-6 (2021)
2021 Indiana Code|Title 6. Taxation|Article 3.1. State Tax Liability Credits|Chapter 13. Economic Development for a Growing Economy Tax Credit|6-3.1-13-6. "New Employee"

Sec. 6. (a) As used in this chapter, "new employee" means a full-time employee first employed by a taxpayer in the project that is the subject of a tax credit agreement and who is employed after the taxpayer enters into the tax credit agreement.(b) The term "new employee" does not include:(1) an employee of the taxpayer who performs a job that was previously performed by another employee, if that job existed for at least six (6) months before hiring the new employee;(2) an employee of the taxpayer who was previously employed in Indiana by a related member of the taxpayer and whose employment was shifted to the taxpayer after the taxpayer entered into the tax credit agreement; or(3) a child, grandchild, parent, or spouse, other than a spouse who is legally separated from the individual, of any individual who is an employee of the taxpayer and who has a direct or an indirect ownership interest of at least five percent (5%) in the profits, capital, or value of the taxpayer (an ownership interest shall be determined in accordance with Section 1563 of the Internal Revenue Code and regulations prescribed under that Section).(c) Notwithstanding subsection (b)(1), if a new employee performs a job that was previously performed by an employee who was:(1) treated under the agreement as a new employee; and(2) promoted by the taxpayer to another job;the employee may be considered a new employee under the agreement.(d) Notwithstanding subsection (a), the board may credit awards to an applicant that met the conditions of this chapter at the time of the applicant's location or expansion decision, if:(1) the applicant is in receipt of a letter from the department of commerce stating an intent to enter into a credit agreement; and(2) the letter described in subdivision (1) is issued by the department of commerce not later than March 15, 1994.As added by P.L.41-1994, SEC.1.
IN Code § 6-3.1-13-7 (2021)
2021 Indiana Code|Title 6. Taxation|Article 3.1. State Tax Liability Credits|Chapter 13. Economic Development for a Growing Economy Tax Credit|6-3.1-13-7. "Pass Through Entity"

Sec. 7. As used in this chapter, "pass through entity" means a:(1) corporation that is exempt from the adjusted gross income tax under IC 6-3-2-2.8(2);(2) partnership;(3) trust;(4) limited liability company; or(5) limited liability partnership.As added by P.L.41-1994, SEC.1. Amended by P.L.81-2004, SEC.13.
IN Code § 6-3.1-13-8 (2021)
2021 Indiana Code|Title 6. Taxation|Article 3.1. State Tax Liability Credits|Chapter 13. Economic Development for a Growing Economy Tax Credit|6-3.1-13-8. "Related Member"

Sec. 8. As used in this chapter, "related member" means a person that, with respect to the taxpayer during all or any portion of the taxable year, is any one (1) of the following:(1) An individual stockholder, or a member of the stockholder's family enumerated in Section 318 of the Internal Revenue Code, if the stockholder and the member of the stockholder's family own directly, indirectly, beneficially, or constructively, in the aggregate, at least fifty percent (50%) of the value of the taxpayer's outstanding stock.(2) A stockholder, or a stockholder's partnership, estate, trust, or corporation, if the stockholder and the stockholder's partnership, estate, trust, or corporation owns directly, indirectly, beneficially, or constructively, in the aggregate, at least fifty percent (50%) of the value of the taxpayer's outstanding stock.(3) A corporation, or a party related to the corporation in a manner that would require an attribution of stock from the corporation to the party or from the party to the corporation under the attribution rules of Section 318 of the Internal Revenue Code, if the taxpayer owns directly, indirectly, beneficially, or constructively at least fifty percent (50%) of the value of the corporation's outstanding stock.(4) A component member (as defined in Section 1563(b) of the Internal Revenue Code).(5) A person to or from whom there is attribution of stock ownership in accordance with Section 1563(e) of the Internal Revenue Code except, for purposes of determining whether a person is a related member under this subdivision, twenty percent (20%) shall be substituted for five percent (5%) wherever five percent (5%) appears in Section 1563(e) of the Internal Revenue Code.As added by P.L.41-1994, SEC.1.
IN Code § 6-3.1-13-9 (2021)
2021 Indiana Code|Title 6. Taxation|Article 3.1. State Tax Liability Credits|Chapter 13. Economic Development for a Growing Economy Tax Credit|6-3.1-13-9. "State Tax Liability"

Sec. 9. As used in this chapter, "state tax liability" means a taxpayer's total tax liability that is incurred under:(1) IC 6-3-1 through IC 6-3-7 (the adjusted gross income tax);(2) IC 27-1-18-2 (the insurance premiums tax) or IC 6-8-15 (the nonprofit agricultural organization health coverage tax); and(3) IC 6-5.5 (the financial institutions tax);as computed after the application of the credits that under IC 6-3.1-1-2 are to be applied before the credit provided by this chapter.As added by P.L.41-1994, SEC.1. Amended by P.L.192-2002(ss), SEC.105; P.L.154-2020, SEC.16.
IN Code § 6-3.1-13-10 (2021)
2021 Indiana Code|Title 6. Taxation|Article 3.1. State Tax Liability Credits|Chapter 13. Economic Development for a Growing Economy Tax Credit|6-3.1-13-10. "Taxpayer"

Sec. 10. As used in this chapter, "taxpayer" means a person, corporation, partnership, or other entity that has any state tax liability or that submits incremental income tax withholdings under IC 6-3-4-8.As added by P.L.41-1994, SEC.1. Amended by P.L.113-2010, SEC.58.
IN Code § 6-3.1-13-11 (2021)
2021 Indiana Code|Title 6. Taxation|Article 3.1. State Tax Liability Credits|Chapter 13. Economic Development for a Growing Economy Tax Credit|6-3.1-13-11. Credit Against State Tax Liability

Sec. 11. Subject to the conditions set forth in this chapter, a taxpayer is entitled to a credit against any state tax liability that may be imposed on the taxpayer for a taxable year after December 31, 1993, if the taxpayer is awarded a credit by the board under this chapter for that taxable year.As added by P.L.41-1994, SEC.1.
IN Code § 6-3.1-13-13 (2021)
2021 Indiana Code|Title 6. Taxation|Article 3.1. State Tax Liability Credits|Chapter 13. Economic Development for a Growing Economy Tax Credit|6-3.1-13-13. Purposes for Which Credit May Be Awarded; Years for Which Credit Claimed

Sec. 13. (a) The corporation may make credit awards under this chapter for any of the following:(1) To foster job creation in Indiana.(2) To foster job retention in Indiana.(b) The credit shall be claimed for the taxable years specified in the taxpayer's tax credit agreement.As added by P.L.41-1994, SEC.1. Amended by P.L.178-2002, SEC.42; P.L.4-2005, SEC.69; P.L.167-2014, SEC.5; P.L.74-2020, SEC.9.
IN Code § 6-3.1-13-14 (2021)
2021 Indiana Code|Title 6. Taxation|Article 3.1. State Tax Liability Credits|Chapter 13. Economic Development for a Growing Economy Tax Credit|6-3.1-13-14. Application to Enter Into Agreement for Tax Credit

Sec. 14. (a) A person that proposes a project to create new jobs in Indiana may apply, as provided in section 15 of this chapter, to the corporation to enter into an agreement for a tax credit under this chapter.(b) A person that proposes to retain existing jobs in Indiana may apply, as provided in section 15.5 of this chapter, to the corporation to enter into an agreement for a tax credit under this chapter.(c) The corporation shall prescribe the form of the application.As added by P.L.41-1994, SEC.1. Amended by P.L.178-2002, SEC.43; P.L.4-2005, SEC.70; P.L.167-2014, SEC.6; P.L.145-2016, SEC.24; P.L.74-2020, SEC.10.
IN Code § 6-3.1-13-15 (2021)
2021 Indiana Code|Title 6. Taxation|Article 3.1. State Tax Liability Credits|Chapter 13. Economic Development for a Growing Economy Tax Credit|6-3.1-13-15. Agreement for Tax Credit With Respect to New Job Creation; Conditions

Sec. 15. This section applies to an application proposing a project to create new jobs in Indiana. After receipt of an application, the corporation may enter into an agreement with the applicant for a credit under this chapter if the corporation determines that all of the following conditions exist:(1) The applicant's project will create new jobs that were not jobs previously performed by employees of the applicant in Indiana.(2) The applicant's project is economically sound and will benefit the people of Indiana by increasing opportunities for employment in Indiana and strengthening the economy of Indiana.(3) Receiving the tax credit is a major factor in the applicant's decision to go forward with the project and not receiving the tax credit will result in the applicant not creating new jobs in Indiana.(4) Awarding the tax credit will result in an overall positive fiscal impact to the state, as certified by the budget agency using the best available data.(5) The credit is not prohibited by section 16 of this chapter.(6) If the business is located in a community revitalization enhancement district established under IC 36-7-13 or a certified technology park established under IC 36-7-32, the legislative body of the political subdivision establishing the district or park has adopted an ordinance recommending the granting of a credit amount that is at least equal to the credit amount provided in the agreement.As added by P.L.41-1994, SEC.1. Amended by P.L.178-2002, SEC.44; P.L.4-2005, SEC.71; P.L.197-2005, SEC.4.
IN Code § 6-3.1-13-16 (2021)
2021 Indiana Code|Title 6. Taxation|Article 3.1. State Tax Liability Credits|Chapter 13. Economic Development for a Growing Economy Tax Credit|6-3.1-13-16. Relocation of Jobs From One Site to Another Within State; Credit Prohibited

Sec. 16. A person is not entitled to claim the credit provided by this chapter for any jobs that the person relocates from one (1) site in Indiana to another site in Indiana. Determinations under this section shall be made by the corporation.As added by P.L.41-1994, SEC.1. Amended by P.L.4-2005, SEC.73.
IN Code § 6-3.1-13-17 (2021)
2021 Indiana Code|Title 6. Taxation|Article 3.1. State Tax Liability Credits|Chapter 13. Economic Development for a Growing Economy Tax Credit|6-3.1-13-17. Amount of Credit Awarded; Factors

Sec. 17. In determining the credit amount that should be awarded to an applicant under section 15 of this chapter that proposes a project to create jobs in Indiana, the corporation may take into consideration the following factors:(1) The economy of the county where the projected investment is to occur.(2) The potential impact on the economy of Indiana.(3) The incremental payroll attributable to the project.(4) The capital investment attributable to the project.(5) The amount the average wage paid by the applicant exceeds the average wage paid:(A) within the county in which the project will be located, in the case of an application submitted before January 1, 2006; or(B) in the case of an application submitted after December 31, 2005:(i) to all employees working in the same NAICS industry sector to which the applicant's business belongs in the county in which the applicant's business is located, if there is more than one (1) business in that NAICS industry sector in the county in which the applicant's business is located;(ii) to all employees working in the same NAICS industry sector to which the applicant's business belongs in Indiana, if the applicant's business is the only business in that NAICS industry sector in the county in which the applicant's business is located but there is more than one (1) business in that NAICS industry sector in Indiana; or(iii) to all employees working in the same county as the county in which the applicant's business is located, if there is no other business in Indiana in the same NAICS industry sector to which the applicant's business belongs.(6) The costs to Indiana and the affected political subdivisions with respect to the project.(7) The financial assistance and incentives that are otherwise provided by Indiana and the affected political subdivisions.(8) The extent to which the incremental income tax withholdings attributable to the applicant's project are needed for the purposes of an incremental tax financing fund or industrial development fund under IC 36-7-13 or a certified technology park fund under IC 36-7-32.As appropriate, the corporation shall consider the factors in this section to determine the credit amount awarded to an applicant for a project to retain existing jobs in Indiana under section 15.5 of this chapter.As added by P.L.41-1994, SEC.1. Amended by P.L.178-2002, SEC.46; P.L.4-2005, SEC.74; P.L.197-2005, SEC.6.