reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 6. Taxation › Article 3.1. State Tax Liability Credits › Chapter 37.2. Mine Reclamation Tax Credit › 6-3.1-37.2-6. Credit; Amount; Assignment

Sec. 6. (a) Subject to entering into an agreement with the corporation under section 8 of this chapter and subject to section 11 of this chapter, a taxpayer is entitled to a credit against the taxpayer's state tax liability for a taxable year if the taxpayer makes a qualified investment in that year.
(b) Subject to section 15 of this chapter, the amount of the credit to which a taxpayer is entitled may not exceed the lesser of:
(1) the qualified investment made by the taxpayer during the taxable year multiplied by thirty percent (30%); or
(2) five million dollars ($5,000,000).
(c) A taxpayer may assign any part of the credit to which the taxpayer is entitled under this chapter to a lessee of the mine reclamation site. A credit that is assigned under this subsection remains subject to this chapter.
(d) An assignment under subsection (c) must be in writing and both the taxpayer and the lessee must report the assignment on their state tax returns for the year in which the assignment is made in the manner prescribed by the department of state revenue. The taxpayer may not receive value in connection with the assignment under subsection (c) that exceeds the value of the part of the credit assigned.
As added by P.L.214-2023, SEC.2.
2023 Indiana Code › Title 6. Taxation › Article 3.1. State Tax Liability Credits › Chapter 37.2. Mine Reclamation Tax Credit › 6-3.1-37.2-7. Credit Carryover and Carryback

Sec. 7. (a) If the amount determined under section 6(b) of this chapter for a taxable year exceeds the taxpayer's state tax liability for that taxable year, the taxpayer may carry the excess over to the immediately following taxable years. The amount of the credit carryover from a taxable year is reduced to the extent that the carryover is used by the taxpayer to obtain a credit under this chapter for any subsequent taxable year. A credit may not be carried forward for more than ten (10) taxable years following the taxable year in which the taxpayer is first entitled to claim the credit.
(b) A taxpayer is not entitled to a carryback or refund of any unused credit.
As added by P.L.214-2023, SEC.2.
2023 Indiana Code › Title 6. Taxation › Article 3.1. State Tax Liability Credits › Chapter 37.2. Mine Reclamation Tax Credit › 6-3.1-37.2-8. Application to Corporation

Sec. 8. (a) A taxpayer that proposes to make qualified investments on a mine reclamation site as provided under this chapter may apply to the corporation to enter into an agreement for a tax credit under this chapter.
(b) The corporation shall prescribe the form of the application.
As added by P.L.214-2023, SEC.2.
2023 Indiana Code › Title 6. Taxation › Article 3.1. State Tax Liability Credits › Chapter 37.2. Mine Reclamation Tax Credit › 6-3.1-37.2-9. Application Evaluation

Sec. 9. The corporation shall consider the following factors in evaluating applications filed under this chapter:
(1) The impact in the surrounding community caused by the lack of development at the mine reclamation site.
(2) Evidence of support for the designation by residents, businesses, and private organizations in the surrounding community.
(3) Evidence of a commitment by private or governmental entities to assist in the financing of improvements or redevelopment activities benefiting the mine reclamation site.
(4) Whether the mine reclamation site is within an economic revitalization area designated under IC 6-1.1-12.1.
As added by P.L.214-2023, SEC.2.
2023 Indiana Code › Title 6. Taxation › Article 3.1. State Tax Liability Credits › Chapter 37.2. Mine Reclamation Tax Credit › 6-3.1-37.2-10. Agreement

Sec. 10. 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.214-2023, SEC.2.
2023 Indiana Code › Title 6. Taxation › Article 3.1. State Tax Liability Credits › Chapter 37.2. Mine Reclamation Tax Credit › 6-3.1-37.2-11. Disqualification for Substantial Reduction In, or Ceasing Operations; Relocation

Sec. 11. 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 mine reclamation 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.214-2023, SEC.2.
2023 Indiana Code › Title 6. Taxation › Article 3.1. State Tax Liability Credits › Chapter 37.2. Mine Reclamation Tax Credit › 6-3.1-37.2-12. Application of Credit Against Taxpayer's Taxes

Sec. 12. (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) 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.214-2023, SEC.2.
2023 Indiana Code › Title 6. Taxation › Article 3.1. State Tax Liability Credits › Chapter 37.2. Mine Reclamation Tax Credit › 6-3.1-37.2-13. Claiming of Credit and Submission of Certification

Sec. 13. 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 is for a qualified investment.
As added by P.L.214-2023, SEC.2.
2023 Indiana Code › Title 6. Taxation › Article 3.1. State Tax Liability Credits › Chapter 37.2. Mine Reclamation Tax Credit › 6-3.1-37.2-14. Pass Through Entities

Sec. 14. (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.
As added by P.L.214-2023, SEC.2.
2023 Indiana Code › Title 6. Taxation › Article 3.1. State Tax Liability Credits › Chapter 37.2. Mine Reclamation Tax Credit › 6-3.1-37.2-15. Maximum Aggregate Amount Allowed

Sec. 15. The aggregate amount of tax credits allowed under this chapter may not exceed twenty-five million dollars ($25,000,000) during the period beginning January 1, 2023, and ending December 31, 2027.
As added by P.L.214-2023, SEC.2.
2023 Indiana Code › Title 6. Taxation › Article 3.1. State Tax Liability Credits › Chapter 37.2. Mine Reclamation Tax Credit › 6-3.1-37.2-16. Limitations

Sec. 16. A tax credit awarded under this chapter is subject to the limitations set forth in IC 5-28-6-9.
As added by P.L.214-2023, SEC.2.
2023 Indiana Code › Title 6. Taxation › Article 3.1. State Tax Liability Credits › Chapter 37.2. Mine Reclamation Tax Credit › 6-3.1-37.2-17. Expiration; Carryforward After Expiration

Sec. 17. This chapter expires December 31, 2027. The expiration of this chapter on December 31, 2027, does not affect a taxpayer's ability to carry forward the amount of any unused credit awarded before the expiration of this chapter.
As added by P.L.214-2023, SEC.2.
2023 Indiana Code › Title 6. Taxation › Article 3.1. State Tax Liability Credits › Chapter 38. Health Reimbursement Arrangement Credit › 6-3.1-38-1. Applicability

Effective 1-1-2024.
Sec. 1. This chapter applies only to taxable years beginning after December 31, 2023.
As added by P.L.203-2023, SEC.2.
2023 Indiana Code › Title 6. Taxation › Article 3.1. State Tax Liability Credits › Chapter 38. Health Reimbursement Arrangement Credit › 6-3.1-38-2. "Qualified Taxpayer"

Effective 1-1-2024.
Sec. 2. As used in this chapter, "qualified taxpayer" means an employer that is a corporation, a limited liability company, a partnership, or another entity that:
(1) has any state tax liability; and
(2) has adopted a health reimbursement arrangement (as described in Section 9831(d) of the Internal Revenue Code) in lieu of a traditional employer provided health insurance plan.
As added by P.L.203-2023, SEC.2.
2023 Indiana Code › Title 6. Taxation › Article 3.1. State Tax Liability Credits › Chapter 38. Health Reimbursement Arrangement Credit › 6-3.1-38-3. "State Tax Liability"

Effective 1-1-2024.
Sec. 3. As used in this chapter, "state tax liability" means a qualified 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 6-5.5 (the financial institutions tax); and
(3) IC 27-1-18-2 (the insurance premiums tax) or IC 6-8-15 (the nonprofit agricultural organization health coverage 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.203-2023, SEC.2.
2023 Indiana Code › Title 6. Taxation › Article 3.1. State Tax Liability Credits › Chapter 38. Health Reimbursement Arrangement Credit › 6-3.1-38-4. Credit for Qualified Taxpayer; Credit Amounts

Effective 1-1-2024.
Sec. 4. Subject to section 7 of this chapter, a qualified taxpayer may claim a credit against the qualified taxpayer's state tax liability for a qualified contribution for a qualified taxpayer with less than fifty (50) employees, up to four hundred dollars ($400) in the first year per covered employee if the amount provided toward the health reimbursement arrangement is equal to or greater than either the level of benefits provided in the previous benefit year, or if the amount the employer contributes toward the health reimbursement arrangement equals the same amount contributed per covered individual toward the employer provided health insurance plan during the previous benefit year. The credit under this section decreases to two hundred dollars ($200) per covered employee in the second year.
As added by P.L.203-2023, SEC.2.
2023 Indiana Code › Title 6. Taxation › Article 3.1. State Tax Liability Credits › Chapter 38. Health Reimbursement Arrangement Credit › 6-3.1-38-5. Reporting Requirements

Effective 1-1-2024.
Sec. 5. Qualified taxpayers that claim the credit under this chapter are required to report to the department of insurance every three (3) years following the allowance of a credit under this chapter in a manner prescribed by the department of insurance. The report must state whether or not the qualified taxpayer continued to offer the health reimbursement arrangement or reverted to a traditional employer sponsored plan. If the qualified taxpayer continued to offer the health reimbursement arrangement, the report must include information regarding the amount of the benefit.
As added by P.L.203-2023, SEC.2.
2023 Indiana Code › Title 6. Taxation › Article 3.1. State Tax Liability Credits › Chapter 38. Health Reimbursement Arrangement Credit › 6-3.1-38-6. Claiming Credit on Tax Return

Effective 1-1-2024.
Sec. 6. To receive the credit provided by this chapter, a qualified taxpayer must claim the credit on the qualified taxpayer's state tax return or returns in the manner prescribed by the department.
As added by P.L.203-2023, SEC.2.
2023 Indiana Code › Title 6. Taxation › Article 3.1. State Tax Liability Credits › Chapter 38. Health Reimbursement Arrangement Credit › 6-3.1-38-7. Maximum Amount of Credit; Approval of Claims

Effective 1-1-2024.
Sec. 7. (a) The amount of tax credits granted under this chapter may not exceed ten million dollars ($10,000,000) in any taxable year.
(b) The department shall record the time of filing of each return claiming a credit under section 6 of this chapter and shall approve the claims if they otherwise qualify for a tax credit under this chapter, in the chronological order in which the claims are filed in the state fiscal year.
(c) The department may not approve a claim for a tax credit after the date on which the total credits approved under this section equal the maximum amount allowable in a particular state fiscal year.
As added by P.L.203-2023, SEC.2.
2023 Indiana Code › Title 6. Taxation › Article 3.1. State Tax Liability Credits › Chapter 38. Health Reimbursement Arrangement Credit › 6-3.1-38-8. Credit Carryover; Carryback or Refund of Unused Credit

Effective 1-1-2024.
Sec. 8. (a) The amount of the credit provided by this chapter that a qualified taxpayer uses during a particular taxable year may not exceed the state tax liability of the qualified taxpayer.
(b) If the amount of a credit determined under this chapter for a particular qualified taxpayer and a particular taxable year exceeds the qualified taxpayer's state tax liability for that taxable year, then the qualified taxpayer may carry the excess over to the immediately succeeding taxable years. The credit carryover may not be used for any taxable year that begins more than ten (10) years after the date on which the donation from which the credit results is made. The amount of the credit carryover from a taxable year shall be reduced to the extent that the carryover is used by the qualified taxpayer to obtain a credit under this chapter for any subsequent taxable year.
(c) A qualified taxpayer is not entitled to a carryback or refund of any unused credit.
As added by P.L.203-2023, SEC.2.
2023 Indiana Code › Title 6. Taxation › Article 3.1. State Tax Liability Credits › Chapter 38. Health Reimbursement Arrangement Credit › 6-3.1-38-9. Rules

Effective 1-1-2024.
Sec. 9. The department shall adopt rules under IC 4-22-2 to implement this chapter.
As added by P.L.203-2023, SEC.2.
2023 Indiana Code › Title 6. Taxation › Article 3.1. State Tax Liability Credits › Chapter 38.3. Employment of Individuals With Disability Tax Credit › 6-3.1-38.3-1. "Pass Through Entity"

Effective 1-1-2024.
Sec. 1. As used in this chapter, "pass through entity" means:
(1) a corporation that is exempt from the adjusted gross income tax under IC 6-3-2-2.8(2);
(2) a partnership;
(3) a trust;
(4) an estate;
(5) a limited liability company; or
(6) a limited liability partnership.
As added by P.L.236-2023, SEC.68.
2023 Indiana Code › Title 6. Taxation › Article 3.1. State Tax Liability Credits › Chapter 38.3. Employment of Individuals With Disability Tax Credit › 6-3.1-38.3-2. "State Tax Liability"

Effective 1-1-2024.
Sec. 2. As used in this chapter, "state tax liability" means the 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.236-2023, SEC.68.
2023 Indiana Code › Title 6. Taxation › Article 3.1. State Tax Liability Credits › Chapter 38.3. Employment of Individuals With Disability Tax Credit › 6-3.1-38.3-3. Credit

Effective 1-1-2024.
Sec. 3. (a) Except as provided in subsections (b) and (c), and subject to section 4 of this chapter, a taxpayer that employs an individual who:
(1) is referred to the employer for employment through a vocational rehabilitation services program for individuals with a disability; and
(2) was initially hired by the taxpayer after December 31, 2023;
during a taxable year is entitled to a credit in the amount determined under section 5 or 6 of this chapter, as applicable, against the taxpayer's state tax liability for the taxable year based on the wages paid to the particular employee during the taxable year.
(b) A taxpayer that has received an authorization certificate from the United States Department of Labor, Wage and Hour Division, under Section 14(c) of the federal Fair Labor Standards Act of 1938, as amended (29 U.S.C. 201 et seq.), is not eligible for a credit under this chapter.
(c) A taxpayer is not eligible for a credit under this chapter for employment of a particular employee described in subsection (a) if the employee was hired within the previous twelve (12) months to replace a former employee who was terminated, unless the employee who is being replaced:
(1) was terminated for misconduct in connection with that employee's employment; or
(2) voluntarily left that employee's position.
As added by P.L.236-2023, SEC.68.
2023 Indiana Code › Title 6. Taxation › Article 3.1. State Tax Liability Credits › Chapter 38.3. Employment of Individuals With Disability Tax Credit › 6-3.1-38.3-4. Eligibility Requirements

Effective 1-1-2024.
Sec. 4. To be eligible for the credit under this chapter, a taxpayer must employ an individual described in section 3(a) of this chapter who works at least an average of twenty (20) hours per week for the employer in a similar setting and at a rate that is comparable to other employees of the taxpayer who perform the same or similar tasks.
As added by P.L.236-2023, SEC.68.
2023 Indiana Code › Title 6. Taxation › Article 3.1. State Tax Liability Credits › Chapter 38.3. Employment of Individuals With Disability Tax Credit › 6-3.1-38.3-5. Computation of Credit Amount; Certain Taxpayers

Effective 1-1-2024.
Sec. 5. (a) This section applies to a taxpayer that satisfies the following requirements:
(1) The taxpayer is a benefit corporation (as defined in IC 23-1.3-2-3).
(2) The taxpayer employs not more than fifty (50) individuals.
(3) The majority of the taxpayer's employees are individuals described in section 3(a) of this chapter.
(b) The amount of the tax credit is determined according to the following:
(1) In the first taxable year for which the credit is claimed with respect to wages paid to a particular employee, an amount equal to thirty percent (30%) of the wages paid to the employee during the taxable year.
(2) In the second taxable year for which the credit is claimed with respect to wages paid to a particular employee, an amount equal to forty percent (40%) of the wages paid to the employee during the taxable year.
(3) In the third and each subsequent taxable year for which the credit is claimed with respect to wages paid to a particular employee, an amount equal to fifty percent (50%) of the wages paid to the employee during the taxable year.
As added by P.L.236-2023, SEC.68.
2023 Indiana Code › Title 6. Taxation › Article 3.1. State Tax Liability Credits › Chapter 38.3. Employment of Individuals With Disability Tax Credit › 6-3.1-38.3-6. Computation of Credit Amount; Certain Taxpayers

Effective 1-1-2024.
Sec. 6. (a) This section applies to a taxpayer that does not meet the requirements under section 5(a) of this chapter and employees five hundred (500) or less total employees.
(b) The amount of the tax credit is determined according to the following:
(1) In the first taxable year for which the credit is claimed with respect to wages paid to a particular employee, an amount equal to twenty percent (20%) of the wages paid to the employee during the taxable year.
(2) In the second taxable year for which the credit is claimed with respect to wages paid to a particular employee, an amount equal to thirty percent (30%) of the wages paid to the employee during the taxable year.
(3) In the third and each subsequent taxable year for which the credit is claimed with respect to wages paid to a particular employee, an amount equal to forty percent (40%) of the wages paid to the employee during the taxable year.
As added by P.L.236-2023, SEC.68.
2023 Indiana Code › Title 6. Taxation › Article 3.1. State Tax Liability Credits › Chapter 38.3. Employment of Individuals With Disability Tax Credit › 6-3.1-38.3-7. Pass Through Entity; Shareholder, Partner, or Member

Effective 1-1-2024.
Sec. 7. If a pass through entity is entitled to a credit under this chapter but does not have state tax liability against which the tax credit may be applied, an individual who is a shareholder, partner, beneficiary, 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, beneficiary, or member is entitled.
The credit provided under this section is in addition to a tax credit to which a shareholder, partner, beneficiary, or member of a pass through entity is entitled. However, a pass through entity and an individual who is a shareholder, partner, beneficiary, or member of a pass through entity may not claim more than one (1) credit.
As added by P.L.236-2023, SEC.68.
2023 Indiana Code › Title 6. Taxation › Article 3.1. State Tax Liability Credits › Chapter 38.3. Employment of Individuals With Disability Tax Credit › 6-3.1-38.3-8. Claiming of Credit on State Tax Return

Effective 1-1-2024.
Sec. 8. In order to receive the credit provided under this chapter, a taxpayer must claim the credit on the taxpayer's annual state tax return in the manner prescribed by the department. The taxpayer shall submit to the department any information that the department determines is necessary for the calculation of the credit.
As added by P.L.236-2023, SEC.68.
2023 Indiana Code › Title 6. Taxation › Article 3.1. State Tax Liability Credits › Chapter 38.3. Employment of Individuals With Disability Tax Credit › 6-3.1-38.3-9. Credit Carryover

Effective 1-1-2024.
Sec. 9. (a) If the amount of the credit determined under section 5 or 6 of this chapter, as applicable, for a taxpayer in a taxable year exceeds the taxpayer's state tax liability for that taxable year, the taxpayer may carry the excess credit over for a period not to exceed the taxpayer's following five (5) taxable years. The amount of the credit carryover from a taxable year shall be reduced to the extent that the carryover is used by the taxpayer to obtain a credit under this chapter for any subsequent taxable year. A taxpayer is not entitled to a carryback or a refund of any unused credit amount.
(b) A taxpayer may not assign any part of a credit to which the taxpayer is entitled under this chapter.
As added by P.L.236-2023, SEC.68.
2023 Indiana Code › Title 6. Taxation › Article 3.1. State Tax Liability Credits › Chapter 38.3. Employment of Individuals With Disability Tax Credit › 6-3.1-38.3-10. Report

Effective 1-1-2024.
Sec. 10. The tax credit under this chapter shall be include in the legislative services agency's tax expenditure report in 2026.
As added by P.L.236-2023, SEC.68.
2023 Indiana Code › Title 6. Taxation › Article 3.1. State Tax Liability Credits › Chapter 38.3. Employment of Individuals With Disability Tax Credit › 6-3.1-38.3-11. Expiration of Chapter

Effective 1-1-2024.
Sec. 11. This chapter expires December 31, 2028.
As added by P.L.236-2023, SEC.68.
2023 Indiana Code › Title 6. Taxation › Article 3.1. State Tax Liability Credits › Chapter 39.5. Employer Child Care Expenditure Credits › 6-3.1-39.5-1. "Indiana Qualified Child Care Facility"

Effective 1-1-2024.
Sec. 1. As used in this chapter, "Indiana qualified child care facility" means a facility that is:
(1) a qualified child care facility (as defined in Section 45F of the Internal Revenue Code);
(2) located in Indiana;
(3) licensed by the division of family resources under IC 12-17.2; and
(4) operated:
(A) by a taxpayer;
(B) by a taxpayer jointly with one (1) or more other individuals or entities; or
(C) under a contract described in Section 45F(c)(1)(A)(iii) of the Internal Revenue Code with the taxpayer.
As added by P.L.201-2023, SEC.103.
2023 Indiana Code › Title 6. Taxation › Article 3.1. State Tax Liability Credits › Chapter 39.5. Employer Child Care Expenditure Credits › 6-3.1-39.5-2. "Pass Through Entity"

Effective 1-1-2024.
Sec. 2. As used in this chapter, "pass through entity" means:
(1) a corporation that is exempt from the adjusted gross income tax under IC 6-3-2-2.8(2);
(2) a partnership;
(3) a trust;
(4) an estate;
(5) a limited liability company; or
(6) a limited liability partnership.
As added by P.L.201-2023, SEC.103.
2023 Indiana Code › Title 6. Taxation › Article 3.1. State Tax Liability Credits › Chapter 39.5. Employer Child Care Expenditure Credits › 6-3.1-39.5-3. "Qualified Child Care Expenditure"

Effective 1-1-2024.
Sec. 3. As used in this chapter, "qualified child care expenditure" means an expenditure:
(1) for the acquisition, construction, rehabilitation, or expansion of property used as part of an Indiana qualified child care facility of a taxpayer that is operated for the taxpayer's employees;
(2) incurred under a contract between a taxpayer and an Indiana qualified child care facility to provide for the acquisition, construction, rehabilitation, or expansion of property used as part of the Indiana qualified child care facility; or
(3) for purposes of complying with the qualified child care facility licensure requirements under IC 12-17.2, as part of the taxpayer acquiring or constructing an Indiana qualified child care facility.
As added by P.L.201-2023, SEC.103.
2023 Indiana Code › Title 6. Taxation › Article 3.1. State Tax Liability Credits › Chapter 39.5. Employer Child Care Expenditure Credits › 6-3.1-39.5-4. "Qualified Expenditure"

Effective 1-1-2024.
Sec. 4. As used in this chapter, "qualified expenditure" means a qualified child care expenditure.
As added by P.L.201-2023, SEC.103.
2023 Indiana Code › Title 6. Taxation › Article 3.1. State Tax Liability Credits › Chapter 39.5. Employer Child Care Expenditure Credits › 6-3.1-39.5-5. "Recapture Event"

Effective 1-1-2024.
Sec. 5. As used in this chapter, "recapture event" means:
(1) the cessation of the operation of the Indiana qualified child care facility as an Indiana qualified child care facility;
(2) subject to section 12(c) of this chapter, a change in ownership of an Indiana qualified child care facility for which a credit was allowed under this chapter, unless the person acquiring an interest agrees to assume the recapture liability of the person disposing of an interest; or
(3) the use of an Indiana qualified child care facility for the enrollment of a child from any individual who is not an employee of the taxpayer.
The term does not include a cessation of operation or change in ownership due to accident or casualty.
As added by P.L.201-2023, SEC.103.
2023 Indiana Code › Title 6. Taxation › Article 3.1. State Tax Liability Credits › Chapter 39.5. Employer Child Care Expenditure Credits › 6-3.1-39.5-6. "State Tax Liability"

Effective 1-1-2024.
Sec. 6. As used in this chapter, "state tax liability" means the 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.201-2023, SEC.103.
2023 Indiana Code › Title 6. Taxation › Article 3.1. State Tax Liability Credits › Chapter 39.5. Employer Child Care Expenditure Credits › 6-3.1-39.5-7. "Taxpayer"

Effective 1-1-2024.
Sec. 7. As used in this chapter, "taxpayer" means any person, corporation, limited liability company, partnership, or other entity that has any state tax liability and employs one hundred (100) individuals or less. The term includes a pass through entity. However, the term does not include a taxpayer who is in the business of operating a child care facility prior to making qualified expenditures.
As added by P.L.201-2023, SEC.103.
2023 Indiana Code › Title 6. Taxation › Article 3.1. State Tax Liability Credits › Chapter 39.5. Employer Child Care Expenditure Credits › 6-3.1-39.5-8. Entitlement to Credit; Amount of Credit

Effective 1-1-2024.
Sec. 8. (a) A taxpayer that makes a qualified expenditure in a taxable year is entitled to a credit against the taxpayer's state tax liability for the taxable year.
(b) Subject to section 9 of this chapter, the maximum amount of the credit to which a taxpayer is entitled in a particular taxable year is equal to the lesser of:
(1) fifty percent (50%) of the employer's qualified expenditures in the taxable year; or
(2) one hundred thousand dollars ($100,000).
As added by P.L.201-2023, SEC.103.
2023 Indiana Code › Title 6. Taxation › Article 3.1. State Tax Liability Credits › Chapter 39.5. Employer Child Care Expenditure Credits › 6-3.1-39.5-9. Shareholder, Partner, Beneficiary, or Member Entitled to Credit

Effective 1-1-2024.
Sec. 9. If a pass through entity is entitled to a credit under this chapter but does not have state tax liability against which the tax credit may be applied, an individual who is a shareholder, partner, beneficiary, 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, beneficiary, or member is entitled.
The credit provided under this section is in addition to a tax credit to which a shareholder, partner, beneficiary, or member of a pass through entity is entitled. However, a pass through entity and an individual who is a shareholder, partner, beneficiary, or member of a pass through entity may not claim more than one (1) credit.
As added by P.L.201-2023, SEC.103.
2023 Indiana Code › Title 6. Taxation › Article 3.1. State Tax Liability Credits › Chapter 39.5. Employer Child Care Expenditure Credits › 6-3.1-39.5-10. Carry Forward of Credit

Effective 1-1-2024.
Sec. 10. (a) If the amount of the credit determined under section 8(b) of this chapter for a taxpayer in a taxable year exceeds the taxpayer's state tax liability for that taxable year, the taxpayer may carry the excess credit over for a period not to exceed the eligible taxpayer's following three (3) taxable years. The amount of the credit carryover from a taxable year shall be reduced to the extent that the carryover is used by the taxpayer to obtain a credit under this chapter for any subsequent taxable year. A taxpayer is not entitled to a carryback or a refund of any unused credit amount.
(b) A taxpayer may not assign any part of a credit to which the taxpayer is entitled under this chapter.
As added by P.L.201-2023, SEC.103.
2023 Indiana Code › Title 6. Taxation › Article 3.1. State Tax Liability Credits › Chapter 39.5. Employer Child Care Expenditure Credits › 6-3.1-39.5-11. Claiming a Credit

Effective 1-1-2024.
Sec. 11. To obtain a credit under this chapter, a taxpayer must claim the credit on the taxpayer's annual state tax return in the manner prescribed by the department. The taxpayer shall submit to the department all information that the department determines is necessary to calculate the credit provided by this chapter.
As added by P.L.201-2023, SEC.103.
2023 Indiana Code › Title 6. Taxation › Article 3.1. State Tax Liability Credits › Chapter 39.5. Employer Child Care Expenditure Credits › 6-3.1-39.5-12. Payment of Recapture Amount; Change of Ownership

Effective 1-1-2024.
Sec. 12. (a) If a recapture event occurs with respect to an Indiana qualified child care facility within five (5) years after the end of the taxable year in which a credit was allowed, the taxpayer is responsible for payment to the department of a recapture amount. The recapture amount is equal to the following:
(1) One hundred percent (100%) of the credit after the end of the first taxable year in which the credit was allowed.
(2) Eighty percent (80%) of the credit after the end of the second taxable year in which the credit was allowed.
(3) Sixty percent (60%) of the credit after the end of the third taxable year in which the credit was allowed.
(4) Forty percent (40%) of the credit after the end of the fourth taxable year in which the credit was allowed.
(5) Twenty percent (20%) of the credit after the end of the fifth taxable year in which the credit was allowed.
(b) Any recapture tax liability must be reported by the taxpayer on the taxpayer's annual state income tax return for the taxable year during which the use was converted.
(c) A recapture event is not considered to have occurred as a result of a change in ownership of an Indiana qualified child care facility for which a credit was allowed under this chapter if, before the change in ownership transaction is completed, the person acquiring an interest in the facility agrees in writing to assume the liability of the taxpayer for any recapture amount that becomes owed. In the event of such an assumption, the person acquiring the interest in the facility shall be treated as the taxpayer for purposes of assessing any recapture liability that becomes owed due to a subsequent recapture event, computed as if there had been no change in ownership, and is responsible for payment to the department of the recapture amount.
As added by P.L.201-2023, SEC.103.
2023 Indiana Code › Title 6. Taxation › Article 3.1. State Tax Liability Credits › Chapter 39.5. Employer Child Care Expenditure Credits › 6-3.1-39.5-13. Liability

Effective 1-1-2024.
Sec. 13. A taxpayer that claims a credit under this chapter is not liable for any act or omission occurring at an Indiana qualified child care facility that contracts with the taxpayer to provide child care services to employees of the taxpayer if the Indiana qualified child care facility is not owned or operated by the taxpayer.
As added by P.L.201-2023, SEC.103.
2023 Indiana Code › Title 6. Taxation › Article 3.1. State Tax Liability Credits › Chapter 39.5. Employer Child Care Expenditure Credits › 6-3.1-39.5-14. Maximum Aggregate Amount of Credits

Effective 1-1-2024.
Sec. 14. (a) The maximum aggregate amount of tax credits allowed under this chapter may not exceed two million five hundred thousand dollars ($2,500,000) in each state fiscal year.
(b) The department shall record the time of filing of each return claiming a tax credit under this chapter and shall approve the tax credits, if they otherwise qualify for a tax credit under this chapter, in the chronological order in which the returns are filed in the state fiscal year.
As added by P.L.201-2023, SEC.103.
2023 Indiana Code › Title 6. Taxation › Article 3.1. State Tax Liability Credits › Chapter 39.5. Employer Child Care Expenditure Credits › 6-3.1-39.5-15. Expiration

Effective 1-1-2024.
Sec. 15. This chapter expires July 1, 2025.
As added by P.L.201-2023, SEC.103.
2023 Indiana Code › Title 6. Taxation › Article 3.1. State Tax Liability Credits › Chapter 40. Physician Practice Ownership Tax Credit › 6-3.1-40-2. "Physician"

Sec. 2. As used in this chapter, "physician" means an individual who is licensed to practice medicine in Indiana under IC 25-22.5.
As added by P.L.203-2023, SEC.3.
2023 Indiana Code › Title 6. Taxation › Article 3.1. State Tax Liability Credits › Chapter 40. Physician Practice Ownership Tax Credit › 6-3.1-40-3. "Primary Care Physician"

Sec. 3. As used in this chapter, "primary care physician" refers to a physician practicing in one (1) or more of the following:
(1) Family medicine.
(2) General pediatric medicine.
(3) General internal medicine.
(4) The general practice of medicine.
As added by P.L.203-2023, SEC.3.
2023 Indiana Code › Title 6. Taxation › Article 3.1. State Tax Liability Credits › Chapter 40. Physician Practice Ownership Tax Credit › 6-3.1-40-4. "State Income Tax Liability"

Sec. 4. As used in this chapter, "state income tax liability" means the taxpayer's total tax liability that is incurred under IC 6-3-1 through IC 6-3-7 (the adjusted gross income 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.203-2023, SEC.3.
2023 Indiana Code › Title 6. Taxation › Article 3.1. State Tax Liability Credits › Chapter 40. Physician Practice Ownership Tax Credit › 6-3.1-40-5. "Taxpayer"

Sec. 5. As used in this chapter, "taxpayer" means an individual who:
(1) is a physician practicing as a primary care physician;
(2) has an ownership interest in a corporation, limited liability company, partnership, or other legal entity organized to provide primary health care services as a physician owned entity;
(3) is not employed by a health system (as defined in IC 16-18-2-168.5); and
(4) has any state income tax liability.
As added by P.L.203-2023, SEC.3.
2023 Indiana Code › Title 6. Taxation › Article 3.1. State Tax Liability Credits › Chapter 40. Physician Practice Ownership Tax Credit › 6-3.1-40-6. Credit; Eligibility; Amount

Sec. 6. If a taxpayer has an ownership interest in a physician owned medical practice described in section 5(2) of this chapter that:
(1) is established as a legal entity under Indiana law after December 31, 2023;
(2) opens and begins to provide primary health care services to patients in a particular taxable year beginning after December 31, 2023; and
(3) has billed for health care services described in subdivision (2) for at least six (6) months of that taxable year;
the taxpayer may, subject to section 7 of this chapter, claim a credit against the taxpayer's state income tax liability. Subject to section 8 of this chapter, the amount of the credit allowed under this chapter for a particular taxable year is twenty thousand dollars ($20,000).
As added by P.L.203-2023, SEC.3.
2023 Indiana Code › Title 6. Taxation › Article 3.1. State Tax Liability Credits › Chapter 40. Physician Practice Ownership Tax Credit › 6-3.1-40-7. Allowable Years of Credit

Sec. 7. A taxpayer may claim a tax credit under this chapter for the taxable year described in section 6 of this chapter and the two (2) immediately following taxable years.
As added by P.L.203-2023, SEC.3.
2023 Indiana Code › Title 6. Taxation › Article 3.1. State Tax Liability Credits › Chapter 40. Physician Practice Ownership Tax Credit › 6-3.1-40-8. Credit Carryover; Carryback or Refund of Unused Credit; Assignment Prohibited

Sec. 8. (a) If the amount of the credit allowed under section 6 of this chapter for a taxpayer in a taxable year exceeds the taxpayer's state income tax liability for that taxable year, the taxpayer may carry the excess credit over for a period not to exceed the taxpayer's following ten (10) taxable years. The amount of the credit carryover from a taxable year must be reduced to the extent that the carryover is used by the taxpayer to obtain a credit under this chapter for any subsequent taxable year. A taxpayer is not entitled to a carryback or a refund of any unused credit amount.
(b) A taxpayer may not assign any part of a credit to which the taxpayer is entitled under this chapter.
As added by P.L.203-2023, SEC.3.
2023 Indiana Code › Title 6. Taxation › Article 3.1. State Tax Liability Credits › Chapter 40. Physician Practice Ownership Tax Credit › 6-3.1-40-9. Claiming Credit on Tax Return; Providing Information for Eligibility Verification

Sec. 9. To obtain a credit under this chapter, a taxpayer must claim the credit on the taxpayer's annual state income tax return in the manner prescribed by the department. The taxpayer shall submit to the department all information that the department determines is necessary to verify the taxpayer's eligibility for the credit provided by this chapter.
As added by P.L.203-2023, SEC.3.
2023 Indiana Code › Title 6. Taxation › Article 3.1. State Tax Liability Credits › Chapter 40. Physician Practice Ownership Tax Credit › 6-3.1-40-10. Assessments

Sec. 10. (a) If the department determines within five (5) years of a taxpayer's receipt of a tax credit under this chapter that the taxpayer:
(1) has sold, transferred, granted, or otherwise relinquished the taxpayer's ownership interest in an entity described in section 5(2) of this chapter; and
(2) is employed by a health system or another non-physician owned medical practice;
the department shall impose an assessment upon the taxpayer equal to the amount of tax credits provided to the taxpayer under this chapter.
(b) The department shall deposit assessments collected under this section in the state general fund.
As added by P.L.203-2023, SEC.3.
2023 Indiana Code › Title 6. Taxation › Article 3.1. State Tax Liability Credits › Chapter 40.9. Attainable Homeownership Tax Credit › 6-3.1-40.9-1. "Affordable Housing Organization"

Effective 1-1-2024.
Sec. 1. As used in this chapter, "affordable housing organization" refers to an organization that:
(1) is exempt from federal income taxation under Section 501(c)(3) of the Internal Revenue Code; and
(2) uses volunteers to build, renovate, and develop homeownership units for individuals whose income is at least thirty percent (30%) and not more than eighty percent (80%) of the area median income.
As added by P.L.201-2023, SEC.104.
2023 Indiana Code › Title 6. Taxation › Article 3.1. State Tax Liability Credits › Chapter 40.9. Attainable Homeownership Tax Credit › 6-3.1-40.9-2. "Corporation"

Effective 1-1-2024.
Sec. 2. As used in this chapter, "corporation" means the Indiana economic development corporation established by IC 5-28-3-1.
As added by P.L.201-2023, SEC.104.
2023 Indiana Code › Title 6. Taxation › Article 3.1. State Tax Liability Credits › Chapter 40.9. Attainable Homeownership Tax Credit › 6-3.1-40.9-3. "Credit"

Effective 1-1-2024.
Sec. 3. As used in this chapter, "credit" refers to a credit granted under this chapter.
As added by P.L.201-2023, SEC.104.
2023 Indiana Code › Title 6. Taxation › Article 3.1. State Tax Liability Credits › Chapter 40.9. Attainable Homeownership Tax Credit › 6-3.1-40.9-4. "Pass Through Entity"

Effective 1-1-2024.
Sec. 4. As used in this chapter, "pass through entity" has the meaning set forth in IC 6-3-1-35.
As added by P.L.201-2023, SEC.104.
2023 Indiana Code › Title 6. Taxation › Article 3.1. State Tax Liability Credits › Chapter 40.9. Attainable Homeownership Tax Credit › 6-3.1-40.9-5. "State Tax Liability"

Effective 1-1-2024.
Sec. 5. 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); and
(2) 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.201-2023, SEC.104.
2023 Indiana Code › Title 6. Taxation › Article 3.1. State Tax Liability Credits › Chapter 40.9. Attainable Homeownership Tax Credit › 6-3.1-40.9-6. "Taxpayer"

Effective 1-1-2024.
Sec. 6. As used in this chapter, "taxpayer" means an individual or entity that has any state tax liability.
As added by P.L.201-2023, SEC.104.
2023 Indiana Code › Title 6. Taxation › Article 3.1. State Tax Liability Credits › Chapter 40.9. Attainable Homeownership Tax Credit › 6-3.1-40.9-7. Entitlement to Credit

Effective 1-1-2024.
Sec. 7. A taxpayer that makes a contribution to an affordable housing organization that is approved under section 11 of this chapter is entitled to a credit against the taxpayer's state tax liability in the taxable year in which the taxpayer makes the contribution.
As added by P.L.201-2023, SEC.104.
2023 Indiana Code › Title 6. Taxation › Article 3.1. State Tax Liability Credits › Chapter 40.9. Attainable Homeownership Tax Credit › 6-3.1-40.9-8. Amount of Credit

Effective 1-1-2024.
Sec. 8. The amount of a taxpayer's credit is equal to fifty percent (50%) of the amount of the contribution that is not more than twenty thousand dollars ($20,000) made to the affordable housing organization.
As added by P.L.201-2023, SEC.104.
2023 Indiana Code › Title 6. Taxation › Article 3.1. State Tax Liability Credits › Chapter 40.9. Attainable Homeownership Tax Credit › 6-3.1-40.9-9. Carry Forward of Credit

Effective 1-1-2024.
Sec. 9. (a) If the credit provided by this chapter exceeds the taxpayer's state tax liability for the taxable year for which the credit is first claimed, the excess may be carried forward to succeeding taxable years and used as a credit against the taxpayer's state tax liability during those taxable years. Each time the credit is carried forward to a succeeding taxable year, the credit is reduced by the amount that was used as a credit during the immediately preceding taxable year. The credit provided by this chapter may be carried forward and applied to succeeding taxable years for five (5) taxable years following the unused credit year.
(b) A taxpayer is not entitled to a carryback or refund of any unused credit.
As added by P.L.201-2023, SEC.104.
2023 Indiana Code › Title 6. Taxation › Article 3.1. State Tax Liability Credits › Chapter 40.9. Attainable Homeownership Tax Credit › 6-3.1-40.9-10. Shareholder, Partner, or Member Entitled to Credit

Effective 1-1-2024.
Sec. 10. If a pass through entity is entitled to a credit under section 7 of this chapter but does not have state tax liability against which the tax credit 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.
As added by P.L.201-2023, SEC.104.
2023 Indiana Code › Title 6. Taxation › Article 3.1. State Tax Liability Credits › Chapter 40.9. Attainable Homeownership Tax Credit › 6-3.1-40.9-11. Application for Approval as an Affordable Housing Organization

Effective 1-1-2024.
Sec. 11. An affordable housing organization must apply to the corporation for approval as an affordable housing organization for purposes of this chapter. The corporation shall approve each applicant that is an affordable housing organization and provide a list of each approved affordable housing organization annually to the department before July 1 of each year.
As added by P.L.201-2023, SEC.104.
2023 Indiana Code › Title 6. Taxation › Article 3.1. State Tax Liability Credits › Chapter 40.9. Attainable Homeownership Tax Credit › 6-3.1-40.9-12. Claiming the Credit

Effective 1-1-2024.
Sec. 12. To apply a credit against the taxpayer's state tax liability, a taxpayer must claim the credit on the taxpayer's annual state tax return or returns in the manner prescribed by the department. The taxpayer shall submit to the department the information that the department determines is necessary for the department to determine whether the taxpayer is eligible for the credit.
As added by P.L.201-2023, SEC.104.