130th Ohio General Assembly
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H. B. No. 332  As Introduced
As Introduced

129th General Assembly
Regular Session
2011-2012
H. B. No. 332


Representatives Stinziano, Grossman 

Cosponsors: Representatives Yuko, Okey, Garland, Antonio 



A BILL
To amend section 5747.98 and to enact section 5747.78 of the Revised Code to authorize a nonrefundable income tax credit for the purchase or construction of an accessible home or for the renovation of a home to improve its accessibility.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1.  That section 5747.98 be amended and section 5747.78 of the Revised Code be enacted to read as follows:
Sec. 5747.78.  (A)(1) A nonrefundable credit may be claimed against the tax imposed by section 5747.02 of the Revised Code by a taxpayer that renovates the taxpayer's existing residence, provided that the renovation is designed to improve accessibility and provide universal visitability in accordance with guidelines established by the department of development. The amount of the credit shall equal fifty per cent of the total cost of the renovation, not to exceed one thousand dollars for the renovation of each existing residence.
(2) A nonrefundable credit may be claimed against the tax imposed by section 5747.02 of the Revised Code by a taxpayer that purchases or constructs a new residence or by a contractor that incurs costs in constructing a new residential structure, provided that the new residence or residential structure includes designs that will provide accessibility and universal visitability in accordance with guidelines established by the department of development. The amount of the credit shall equal the purchase price of the new residence or the costs incurred in constructing the new residence or residential structure, not to exceed two thousand five hundred dollars for the purchase or construction of each new residence or residential structure. As used in this section, "purchase of a new residence" means a transaction involving the first sale of a residence to a purchaser who intends to reside in the residence.
(B) A taxpayer may not claim a credit allowed under this section for the purchase, construction, or renovation of residential rental property.
(C)(1) As used in this division:
(a) "Total annual credit limit" means the total amount of all credits that may be authorized under this section for a calendar year. The total annual credit limit shall equal three hundred thousand dollars.
(b) "Transaction-specific credit limit" means the total amount of all credits that may be authorized under either division (A)(1) or (2) of this section for a calendar year. The transaction-specific credit limit for credits authorized under division (A)(1) of this section shall equal two hundred thousand dollars. The transaction-specific credit limit for credits authorized under division (A)(2) of this section shall equal one hundred thousand dollars.
(2) Eligible taxpayers shall apply for a credit allowed under this section by submitting an application to the department of development. The department shall prescribe the form of the application. Upon receipt of an application, the department shall approve the application if each of the following apply:
(a) The total annual credit limit and the applicable transaction-specific credit limit have not been reached for the calendar year in which the application is received.
(b) The department has not previously approved a credit application relating to the same residence.
(c) The credit application does not relate to a transaction between a taxpayer and a member of the taxpayer's family or between a pass-through entity and a person that holds, directly or indirectly, an ownership interest in the entity. As used in this division, "family" has the same meaning as in section 5747.011 of the Revised Code.
(D) A taxpayer shall claim a credit authorized under division (C) of this section in the order required under section 5747.98 of the Revised Code. Any credit amount in excess of the tax due under this chapter after allowing for any other nonrefundable credits that precede the credit in the order specified under that section may be carried forward for seven taxable years, but the amount of the excess credit allowed in any such year shall be deducted from the balance carried forward to the next year. If the taxpayer is a direct or indirect investor in a pass-through entity that has engaged in a construction project under this section, the taxpayer may claim its proportionate or distributive share of the credit allowed under this section.
Sec. 5747.98.  (A) To provide a uniform procedure for calculating the amount of tax due under section 5747.02 of the Revised Code, a taxpayer shall claim any credits to which the taxpayer is entitled in the following order:
(1) The retirement income credit under division (B) of section 5747.055 of the Revised Code;
(2) The senior citizen credit under division (C) of section 5747.05 of the Revised Code;
(3) The lump sum distribution credit under division (D) of section 5747.05 of the Revised Code;
(4) The dependent care credit under section 5747.054 of the Revised Code;
(5) The lump sum retirement income credit under division (C) of section 5747.055 of the Revised Code;
(6) The lump sum retirement income credit under division (D) of section 5747.055 of the Revised Code;
(7) The lump sum retirement income credit under division (E) of section 5747.055 of the Revised Code;
(8) The low-income credit under section 5747.056 of the Revised Code;
(9) The credit for displaced workers who pay for job training under section 5747.27 of the Revised Code;
(10) The campaign contribution credit under section 5747.29 of the Revised Code;
(11) The twenty-dollar personal exemption credit under section 5747.022 of the Revised Code;
(12) The joint filing credit under division (G) of section 5747.05 of the Revised Code;
(13) The nonresident credit under division (A) of section 5747.05 of the Revised Code;
(14) The credit for a resident's out-of-state income under division (B) of section 5747.05 of the Revised Code;
(15) The credit for employers that enter into agreements with child day-care centers under section 5747.34 of the Revised Code;
(16) The credit for employers that reimburse employee child care expenses under section 5747.36 of the Revised Code;
(17) The credit for adoption of a minor child under section 5747.37 of the Revised Code;
(18) The credit for purchases of lights and reflectors under section 5747.38 of the Revised Code;
(19) The nonrefundable job retention credit under division (B) of section 5747.058 of the Revised Code;
(20) The credit for selling alternative fuel under section 5747.77 of the Revised Code;
(21) The second credit for purchases of new manufacturing machinery and equipment and the credit for using Ohio coal under section 5747.31 of the Revised Code;
(22) The job training credit under section 5747.39 of the Revised Code;
(23) The enterprise zone credit under section 5709.66 of the Revised Code;
(24) The credit for the eligible costs associated with a voluntary action under section 5747.32 of the Revised Code;
(25) The credit for employers that establish on-site child day-care centers under section 5747.35 of the Revised Code;
(26) The ethanol plant investment credit under section 5747.75 of the Revised Code;
(27) The credit for purchases of qualifying grape production property under section 5747.28 of the Revised Code;
(28) The small business investment credit under section 5747.81 of the Revised Code;
(29) The credit for research and development and technology transfer investors under section 5747.33 of the Revised Code;
(30) The enterprise zone credits under section 5709.65 of the Revised Code;
(31) The research and development credit under section 5747.331 of the Revised Code;
(32) The credit for rehabilitating a historic building under section 5747.76 of the Revised Code;
(33) The home accessibility credit under section 5747.78 of the Revised Code;
(34) The refundable credit for rehabilitating a historic building under section 5747.76 of the Revised Code;
(34)(35) The refundable jobs creation credit or job retention credit under division (A) of section 5747.058 of the Revised Code;
(35)(36) The refundable credit for taxes paid by a qualifying entity granted under section 5747.059 of the Revised Code;
(36)(37) The refundable credits for taxes paid by a qualifying pass-through entity granted under division (J) of section 5747.08 of the Revised Code;
(37)(38) The refundable credit for tax withheld under division (B)(1) of section 5747.062 of the Revised Code;
(38)(39) The refundable credit for tax withheld under section 5747.063 of the Revised Code;
(39)(40) The refundable credit under section 5747.80 of the Revised Code for losses on loans made to the Ohio venture capital program under sections 150.01 to 150.10 of the Revised Code;
(40)(41) The refundable motion picture production credit under section 5747.66 of the Revised Code.
(B) For any credit, except the refundable credits enumerated in this section and the credit granted under division (I) of section 5747.08 of the Revised Code, the amount of the credit for a taxable year shall not exceed the tax due after allowing for any other credit that precedes it in the order required under this section. Any excess amount of a particular credit may be carried forward if authorized under the section creating that credit. Nothing in this chapter shall be construed to allow a taxpayer to claim, directly or indirectly, a credit more than once for a taxable year.
Section 2.  That existing section 5747.98 of the Revised Code is hereby repealed.
Section 3.  The amendment or enactment by this act of sections 5747.78 and 5747.98 of the Revised Code shall apply to taxable years beginning on or after January 1, 2011.
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