130th Ohio General Assembly
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S. B. No. 184  As Introduced
As Introduced

129th General Assembly
Regular Session
2011-2012
S. B. No. 184


Senator Tavares 

Cosponsor: Senator Turner 



A BILL
To amend sections 5725.98, 5729.98, 5733.01, 5733.98, 5747.98, and 5751.98 and to enact section 715.58 of the Revised Code to authorize nonrefundable tax credits for authorized donations to projects of nonprofit entities and municipal agencies providing community services.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1.  That sections 5725.98, 5729.98, 5733.01, 5733.98, 5747.98, and 5751.98 be amended and section 715.58 of the Revised Code be enacted to read as follows:
Sec. 715.58. (A) As used in this section:
(1) "Application year" means the calendar year beginning the year following the calendar year in which a taxpayer applies for a tax credit in the application period.
(2) "Application period" means the period between the fifteenth day of September and the first day of October of each year, as described in division (C)(3) of this section.
(3) "Authorized donation" means a donation of more than two hundred fifty dollars made to a project approved and authorized by the tax commissioner in accordance with division (C) of this section.
(4) "Donation" means an unconditional gift of cash.
(5) "Pass-through entity" has the same meaning as in section 5733.04 of the Revised Code and includes a sole proprietorship.
(6) "Project" means a project or activity proposed by a municipal corporation that involves providing, either directly or through a neighborhood organization, neighborhood assistance, job training or education, community services, crime prevention, energy conservation, or construction or rehabilitation of dwelling units for persons of low and moderate income in the state, or donation of money to an open space acquisition fund of any political subdivision of the state or any nonprofit land conservation organization that meets the requirements of division (B) of section 5301.69 of the Revised Code.
(7) "Taxpayer" means a person subject to a tax against which a credit is allowed under this section.
(8) "Tax period" means:
(a) In the case of a dealer in intangibles, a domestic insurance company, or a foreign insurance company, the calendar year ending on the thirty-first day of December next preceding the day the report or annual statement is required to be returned under section 5725.14, 5725.18, or 5729.02 of the Revised Code;
(b) In the case of a financial institution subject to taxation under Chapter 5733. of the Revised Code, the financial institution's taxable year for the purposes of that chapter;
(c) In the case of a public utility, electric distribution company, or natural gas distribution company, the calendar year;
(d) In the case of a pass-through entity subject to taxation under Chapter 5747. of the Revised Code, the pass-through entity's taxable year for the purposes of that chapter;
(e) In the case of a person subject to taxation under Chapter 5751. of the Revised Code, the calendar year.
(9) "Community services" means any type of counseling and advice, emergency assistance, alcoholism prevention and treatment, or medical care furnished to individuals or groups in the state.
(10) "Crime prevention" means any activity that aids in the reduction of crime in the state.
(11) "Education" means any type of scholastic instruction or scholarship assistance to any person who resides in the state.
(12) "Job training" means any type of instruction to any person who resides in the state that enables the person to acquire vocational skills to become employable or seek a higher grade of employment.
(13) "Neighborhood" means any specific geographic area that is experiencing problems endangering the area's economic viability and stability.
(14) "Neighborhood assistance" means the furnishing of financial assistance, labor, material, or technical advice to aid in the physical improvement or rehabilitation of all or any part of a neighborhood.
(15) "Neighborhood organization" means any organization performing community services in the state that satisfies any of the following:
(a) It is exempt from income taxation under the Internal Revenue Code.
(b) It is designated as a community development corporation by the United States government under Title VII of the Economic Opportunity Act of 1964.
(c) It is incorporated as a charitable corporation or trust under Chapter 1716. of the Revised Code, a community improvement corporation under Chapter 1724. of the Revised Code, a charitable organization described under section 5301.69 of the Revised Code, or a community redevelopment corporation under Chapter 1728. of the Revised Code.
(16) "Persons of low and moderate income" means persons satisfying the criteria for designation as persons of low- and moderate-income established by the housing finance agency pursuant to section 175.01 of the Revised Code.
(B) A nonrefundable credit is allowed against the tax levied by section 5707.03 and assessed under section 5725.15, the tax imposed by section 5725.18, 5727.24, 5727.30, 5727.81, or 5727.811, the tax assessed under Chapter 5729., or the tax imposed by section 5733.06, 5747.02, or 5751.03 of the Revised Code for a taxpayer that makes an authorized donation or that is an equity owner of a pass-through entity that makes an authorized donation. If a pass-through entity claims a credit under this section, it may apply the credit to the tax imposed under section 5751.03 of the Revised Code, or its equity owners may apply the credit to the tax imposed on them under section 5747.02 of the Revised Code, but the credit for any authorized donation may not be applied to both of those taxes.
The credit equals sixty per cent of the amount of the authorized donation a taxpayer or pass-through entity makes in an application year. The amount of the credit granted to a taxpayer may not exceed seventy-five thousand dollars for an application year; if the authorized donation is made by a pass-through entity and the credit is to be applied against the tax imposed under section 5747.02 of the Revised Code, the credit may not exceed the taxpayer's distributive or proportionate share of seventy-five thousand dollars.
The credit shall be claimed for the tax period in which the authorized donation is made and shall be claimed in the order required under section 5725.98, 5729.98, 5733.98, 5747.98, or 5751.98 of the Revised Code, except that an individual claiming a distributive share of a credit as an owner of a pass-through entity shall claim the credit for the taxpayer's taxable year that includes the last day of the entity's taxable year in which the donation was made. The amount of the credit may not exceed the tax otherwise due after allowing for all other credits in that order. Excess credit not used in the tax period during which the authorized donation was made may be carried back and applied to not more than two of the immediately preceding tax periods. If the taxpayer is required to pay the tax imposed by section 5727.24 or 5727.30 of the Revised Code more frequently than once per calendar year, or claims the credit against the tax imposed by section 5727.81 or 5727.811 of the Revised Code, the amount of the credit allowed for a calendar year shall be claimed in substantially equal amounts against each tax payment required during the year and after the donation is made.
(C)(1) To qualify one or more projects as eligible to receive a donation eligible for the tax credit provided by this section, the legislative authority of a municipal corporation, on or before the first day of July of each year, may deliver to the tax commissioner a list of projects for which it seeks eligibility to receive donations eligible for the credit provided by this section. The list prepared by the legislative authority shall, for each project, set forth all of the following:
(a) The objective or mission of the project;
(b) The neighborhood area to be served;
(c) Why the project is needed;
(d) The estimated cost of the project;
(e) The suggested plan for implementing the project, including the projected length of time the project will be undertaken;
(f) The name and address of the agency designated by the municipal corporation to oversee implementation of the project; and
(g) Other information as the commissioner may prescribe.
The projected length of time a project will be undertaken shall not exceed two consecutive years.
Before submitting the list to the tax commissioner the legislative authority shall hold at least one public hearing for the purpose of discussing the programs to be included on the list and receiving public testimony.
(2) Annually, on or before the first day of September, the tax commissioner shall compile and post on the department of taxation's web site a list of all projects submitted by municipal corporations that are eligible to receive applications for donations eligible to receive a credit under this section. The list shall be organized by each municipal corporation that applied and shall indicate the estimated cost of each project as shown on the municipal corporation's list. Each year, the commissioner also shall publish a copy of the list in paper form. The commissioner shall update the list as necessary.
(3) To be eligible for a tax credit under this section, a taxpayer must donate to one or more projects appearing on the list prepared by the tax commissioner and apply to the commissioner on a form prescribed by the commissioner. Applications shall be submitted to the commissioner during the application period. The commissioner shall forward a copy of the application to the agency designated by the municipal corporation to oversee implementation of the project.
The agency to which the commissioner has forwarded an application shall approve or deny the application within thirty days after receiving the application from the commissioner. Failure of an agency to approve an application within that thirty-day period constitutes denial of the application. After the approval of the agency or the passing of the thirty-day period, an application shall be approved or denied by the commissioner based on the compliance of the proposed donation with the provisions of this section.
The commissioner may approve an application only if it is received by the commissioner during the application period and only if it has been approved by the agency. After the commissioner approves or denies an application, the commissioner shall issue written notice of the commissioner's decision to the applicant by ordinary mail within twenty days after reaching a decision. If the commissioner approves an application, the commissioner shall forward a copy of the commissioner's decision to the taxpayer eligible to claim the credit. The commissioner shall consider and approve applications in the order received.
The commissioner shall not approve an application for an authorized donation to any project for any application period in an amount that would cause the total authorized donations for that project for the application period to exceed one hundred fifty thousand dollars. If an application proposes a donation in an amount that would cause the total authorized donations to the project to exceed one hundred fifty thousand dollars, the commissioner shall notify the applicant, and the applicant, in a manner prescribed by the commissioner, may propose a donation to the project in a lesser amount or propose a donation to another project.
(4) If a project is to be undertaken over more than one year, the applicant for authorized donations shall indicate in the application the amount of the donation to be made in each application year, and the amounts so indicated shall be applied to the annual credit limit under division (E) of this section for the corresponding application year.
(5) The tax commissioner may charge a reasonable fee for the filing of an application under division (C)(3) of this section to defray the costs of processing the application and administering this section.
(6) The commissioner may remove a project from the list created by the commissioner under this section if the project fails to satisfy the requirements of a project as defined in division (A)(6) of this section.
(D) No tax credit shall be granted to any person under this section unless the person furnishes evidence to the commissioner that the amount of funds the person expended for charitable purposes and for the support of organizations eligible for assistance under this section in the year for which the credit is claimed equals or exceeds the amount the person expended for such purposes in the immediately preceding year.
(E) The total amount of credits that may be claimed under this section in any year shall not exceed five million dollars. If, for any year, all of the applications submitted to the tax commissioner pursuant to this section claim tax credits in excess of that amount, the commissioner, on or before the fifteenth day of November each year, shall prorate the amounts of tax credits in proportion to each taxpayer's authorized donation amount.
(F) A single neighborhood organization may propose multiple projects, but may not receive more than one hundred fifty thousand dollars in authorized donations during an application year.
(G) If the total funds donated in any year by any taxpayer in a project in which a neighborhood organization is involved exceeds twenty-five thousand dollars, the organization, upon completion of the project, shall engage an independent public accountant to audit the finances of the project and file the audit report with the municipal corporation or agency overseeing the project. The accountant's report shall verify whether the organization's expenditures were made in accordance with the project as proposed and approved by the commissioner. The municipal corporation or agency shall forward each audit to the commissioner.
The tax commissioner shall review each audit report for evidence of fraud or embezzlement. If the commissioner discovers evidence of fraud or embezzlement, the commissioner shall report the commissioner's findings to the county prosecutor of the county in which the project is located. If the commissioner finds evidence of unsound or irregular financial practice in relation to generally accepted accounting standards, the commissioner may make any projects in which the audited organization is involved ineligible to receive authorized donations.
(H) The commissioner may adopt rules to implement this section.
Sec. 5725.98. (A) To provide a uniform procedure for calculating the amount of tax imposed by section 5725.18 of the Revised Code that is due under this chapter, a taxpayer shall claim any credits and offsets against tax liability to which it is entitled in the following order:
(1) The credit for an insurance company or insurance company group under section 5729.031 of the Revised Code;
(2) The credit for eligible employee training costs under section 5725.31 of the Revised Code;
(3) The nonrefundable credit for authorized donations under section 715.58 of the Revised Code;
(4) The credit for purchasers of qualified low-income community investments under section 5725.33 of the Revised Code;
(4)(5) The nonrefundable job retention credit under division (B)(1) of section 122.171 of the Revised Code;
(5)(6) The offset of assessments by the Ohio life and health insurance guaranty association permitted by section 3956.20 of the Revised Code;
(6)(7) The refundable credit for Ohio job retention under division (B)(2) of section 122.171 of the Revised Code;
(7)(8) The refundable credit for Ohio job creation under section 5725.32 of the Revised Code;
(8)(9) The refundable credit under section 5725.19 of the Revised Code for losses on loans made under the Ohio venture capital program under sections 150.01 to 150.10 of the Revised Code.
(B) For any credit except the refundable credits enumerated in this section, 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.
Sec. 5729.98. (A) To provide a uniform procedure for calculating the amount of tax due under this chapter, a taxpayer shall claim any credits and offsets against tax liability to which it is entitled in the following order:
(1) The credit for an insurance company or insurance company group under section 5729.031 of the Revised Code;
(2) The credit for eligible employee training costs under section 5729.07 of the Revised Code;
(3) The nonrefundable credit for authorized donations under section 715.58 of the Revised Code;
(4) The credit for purchases of qualified low-income community investments under section 5729.16 of the Revised Code;
(4)(5) The nonrefundable job retention credit under division (B)(1) of section 122.171 of the Revised Code;
(5)(6) The offset of assessments by the Ohio life and health insurance guaranty association against tax liability permitted by section 3956.20 of the Revised Code;
(6)(7) The refundable credit for Ohio job retention under division (B)(2) of section 122.171 of the Revised Code;
(7)(8) The refundable credit for Ohio job creation under section 5729.032 of the Revised Code;
(8)(9) The refundable credit under section 5729.08 of the Revised Code for losses on loans made under the Ohio venture capital program under sections 150.01 to 150.10 of the Revised Code.
(B) For any credit except the refundable credits enumerated in this section, 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.
Sec. 5733.01.  (A) The tax provided by this chapter for domestic corporations shall be the amount charged against each corporation organized for profit under the laws of this state and each nonprofit corporation organized pursuant to Chapter 1729. of the Revised Code, except as provided in sections 5733.09 and 5733.10 of the Revised Code, for the privilege of exercising its franchise during the calendar year in which that amount is payable, and the tax provided by this chapter for foreign corporations shall be the amount charged against each corporation organized for profit and each nonprofit corporation organized or operating in the same or similar manner as nonprofit corporations organized under Chapter 1729. of the Revised Code, under the laws of any state or country other than this state, except as provided in sections 5733.09 and 5733.10 of the Revised Code, for the privilege of doing business in this state, owning or using a part or all of its capital or property in this state, holding a certificate of compliance with the laws of this state authorizing it to do business in this state, or otherwise having nexus in or with this state under the Constitution of the United States, during the calendar year in which that amount is payable.
(B) A corporation is subject to the tax imposed by section 5733.06 of the Revised Code for each calendar year that it is so organized, doing business, owning or using a part or all of its capital or property, holding a certificate of compliance, or otherwise having nexus in or with this state under the Constitution of the United States, on the first day of January of that calendar year.
(C) Any corporation subject to this chapter that is not subject to the federal income tax shall file its returns and compute its tax liability as required by this chapter in the same manner as if that corporation were subject to the federal income tax.
(D) For purposes of this chapter, a federally chartered financial institution shall be deemed to be organized under the laws of the state within which its principal office is located.
(E) For purposes of this chapter, any person, as defined in section 5701.01 of the Revised Code, shall be treated as a corporation if the person is classified for federal income tax purposes as an association taxable as a corporation, and an equity interest in the person shall be treated as capital stock of the person.
(F) For the purposes of this chapter, "disregarded entity" has the same meaning as in division (D) of section 5745.01 of the Revised Code.
(1) A person's interest in a disregarded entity, whether held directly or indirectly, shall be treated as the person's ownership of the assets and liabilities of the disregarded entity, and the income, including gain or loss, shall be included in the person's net income under this chapter.
(2) Any sale, exchange, or other disposition of the person's interest in the disregarded entity, whether held directly or indirectly, shall be treated as a sale, exchange, or other disposition of the person's share of the disregarded entity's underlying assets or liabilities, and the gain or loss from such sale, exchange, or disposition shall be included in the person's net income under this chapter.
(3) The disregarded entity's payroll, property, and sales factors shall be included in the person's factors.
(G) The tax a corporation is required to pay under this chapter shall be as follows:
(1)(a) For financial institutions, the greater of the minimum payment required under division (E) of section 5733.06 of the Revised Code or the difference between all taxes charged the financial institution under this chapter, without regard to division (G)(2) of this section, less any credits allowable against such tax.
(b) A corporation satisfying the description in division (E)(5), (6), (7), (8), or (10) of section 5751.01 of the Revised Code that is not a financial institution, insurance company, or dealer in intangibles is subject to the taxes imposed under this chapter as a corporation and not subject to tax as a financial institution, and shall pay the greater of the minimum payment required under division (E) of section 5733.06 of the Revised Code or the difference between all the taxes charged under this chapter, without regard to division (G)(2) of this section, less any credits allowable against such tax.
(2) For all corporations other than those persons described in division (G)(1)(a) or (b) of this section, the amount under division (G)(2)(a) of this section applicable to the tax year specified less the amount under division (G)(2)(b) of this section:
(a)(i) For tax year 2005, the greater of the minimum payment required under division (E) of section 5733.06 of the Revised Code or the difference between all taxes charged the corporation under this chapter and any credits allowable against such tax;
(ii) For tax year 2006, the greater of the minimum payment required under division (E) of section 5733.06 of the Revised Code or four-fifths of the difference between all taxes charged the corporation under this chapter and any credits allowable against such tax, except the qualifying pass-through entity tax credit described in division (A)(30) of section 5733.98 of the Revised Code and the refundable credits described in divisions (A)(31) to (35) of section 5733.98 of the Revised Code applicable to that tax year;
(iii) For tax year 2007, the greater of the minimum payment required under division (E) of section 5733.06 of the Revised Code or three-fifths of the difference between all taxes charged the corporation under this chapter and any credits allowable against such tax, except the qualifying pass-through entity tax credit described in division (A)(30) of section 5733.98 of the Revised Code and the refundable credits described in divisions (A)(31) to (35) of section 5733.98 of the Revised Code applicable to that tax year;
(iv) For tax year 2008, the greater of the minimum payment required under division (E) of section 5733.06 of the Revised Code or two-fifths of the difference between all taxes charged the corporation under this chapter and any credits allowable against such tax, except the qualifying pass-through entity tax credit described in division (A)(30) of section 5733.98 of the Revised Code and the refundable credits described in divisions (A)(31) to (35) of section 5733.98 of the Revised Code applicable to that tax year;
(v) For tax year 2009, the greater of the minimum payment required under division (E) of section 5733.06 of the Revised Code or one-fifth of the difference between all taxes charged the corporation under this chapter and any credits allowable against such tax, except the qualifying pass-through entity tax credit described in division (A)(30) of section 5733.98 of the Revised Code and the refundable credits described in divisions (A)(31), (32), (33), and (34) of section 5733.98 of the Revised Code applicable to that tax year;
(vi) For tax year 2010 and each tax year thereafter, no tax.
(b) A corporation shall subtract from the amount calculated under division (G)(2)(a)(ii), (iii), (iv), or (v) of this section any qualifying pass-through entity tax credit described in division (A)(30) of section 5733.98 of the Revised Code and any refundable credits described in divisions (A)(31) to (35) of section 5733.98 of the Revised Code applicable to that tax year to which the corporation is entitled. Any unused qualifying pass-through entity tax credit is not refundable.
(c) For the purposes of computing the amount of a credit that may be carried forward to a subsequent tax year under division (G)(2) of this section, a credit is utilized against the tax for a tax year to the extent the credit applies against the tax for that tax year, even if the difference is then multiplied by the applicable fraction under division (G)(2)(a) of this section.
(3) Nothing in division (G) of this section eliminates or reduces the tax imposed by section 5733.41 of the Revised Code on a qualifying pass-through entity.
Sec. 5733.98.  (A) To provide a uniform procedure for calculating the amount of tax imposed by section 5733.06 of the Revised Code that is due under this chapter, a taxpayer shall claim any credits to which it is entitled in the following order, except as otherwise provided in section 5733.058 of the Revised Code:
(1) For tax year 2005, the credit for taxes paid by a qualifying pass-through entity allowed under section 5733.0611 of the Revised Code;
(2) The credit allowed for financial institutions under section 5733.45 of the Revised Code;
(3) The credit for qualifying affiliated groups under section 5733.068 of the Revised Code;
(4) The subsidiary corporation credit under section 5733.067 of the Revised Code;
(5) The savings and loan assessment credit under section 5733.063 of the Revised Code;
(6) The credit for recycling and litter prevention donations under section 5733.064 of the Revised Code;
(7) The credit for employers that enter into agreements with child day-care centers under section 5733.36 of the Revised Code;
(8) The credit for employers that reimburse employee child care expenses under section 5733.38 of the Revised Code;
(9) The credit for maintaining railroad active grade crossing warning devices under section 5733.43 of the Revised Code;
(10) The credit for purchases of lights and reflectors under section 5733.44 of the Revised Code;
(11) The nonrefundable job retention credit under division (B) of section 5733.0610 of the Revised Code;
(12) The credit for tax years 2008 and 2009 for selling alternative fuel under section 5733.48 of the Revised Code;
(13) The second credit for purchases of new manufacturing machinery and equipment under section 5733.33 of the Revised Code;
(14) The job training credit under section 5733.42 of the Revised Code;
(15) The nonrefundable credit for authorized donations under section 715.58 of the Revised Code;
(16) The credit for qualified research expenses under section 5733.351 of the Revised Code;
(16)(17) The enterprise zone credit under section 5709.66 of the Revised Code;
(17)(18) The credit for the eligible costs associated with a voluntary action under section 5733.34 of the Revised Code;
(18)(19) The credit for employers that establish on-site child day-care centers under section 5733.37 of the Revised Code;
(19)(20) The ethanol plant investment credit under section 5733.46 of the Revised Code;
(20)(21) The credit for purchases of qualifying grape production property under section 5733.32 of the Revised Code;
(21)(22) The export sales credit under section 5733.069 of the Revised Code;
(22)(23) The credit for research and development and technology transfer investors under section 5733.35 of the Revised Code;
(23)(24) The enterprise zone credits under section 5709.65 of the Revised Code;
(24)(25) The credit for using Ohio coal under section 5733.39 of the Revised Code;
(25)(26) The credit for purchases of qualified low-income community investments under section 5733.58 of the Revised Code;
(26)(27) The credit for small telephone companies under section 5733.57 of the Revised Code;
(27)(28) The credit for eligible nonrecurring 9-1-1 charges under section 5733.55 of the Revised Code;
(28)(29) For tax year 2005, the credit for providing programs to aid the communicatively impaired under division (A) of section 5733.56 of the Revised Code;
(29)(30) The research and development credit under section 5733.352 of the Revised Code;
(30)(31) For tax years 2006 and subsequent tax years, the credit for taxes paid by a qualifying pass-through entity allowed under section 5733.0611 of the Revised Code;
(31)(32) The refundable credit for rehabilitating a historic building under section 5733.47 of the Revised Code;
(32)(33) The refundable jobs creation credit or job retention credit under division (A) of section 5733.0610 of the Revised Code;
(33)(34) The refundable credit for tax withheld under division (B)(2) of section 5747.062 of the Revised Code;
(34)(35) The refundable credit under section 5733.49 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;
(35)(36) For tax years 2006, 2007, and 2008, the refundable credit allowable under division (B) of section 5733.56 of the Revised Code;
(36)(37) The refundable motion picture production credit under section 5733.59 of the Revised Code.
(B) For any credit except the refundable credits enumerated in this section, the amount of the credit for a tax 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.
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 nonrefundable credit for authorized donations under section 715.58 of the Revised Code;
(26) The credit for employers that establish on-site child day-care centers under section 5747.35 of the Revised Code;
(26)(27) The ethanol plant investment credit under section 5747.75 of the Revised Code;
(27)(28) The credit for purchases of qualifying grape production property under section 5747.28 of the Revised Code;
(28)(29) The export sales credit under section 5747.057 of the Revised Code;
(29)(30) The credit for research and development and technology transfer investors under section 5747.33 of the Revised Code;
(30)(31) The enterprise zone credits under section 5709.65 of the Revised Code;
(31)(32) The research and development credit under section 5747.331 of the Revised Code;
(32)(33) The credit for rehabilitating a historic building under section 5747.76 of the Revised Code;
(33)(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.
Sec. 5751.98.  (A) To provide a uniform procedure for calculating the amount of tax due under this chapter, a taxpayer shall claim any credits to which it is entitled in the following order:
(1) The nonrefundable jobs retention credit under division (B) of section 5751.50 of the Revised Code;
(2) The nonrefundable credit for qualified research expenses under division (B) of section 5751.51 of the Revised Code;
(3) The nonrefundable credit for authorized donations under section 715.58 of the Revised Code;
(4) The nonrefundable credit for a borrower's qualified research and development loan payments under division (B) of section 5751.52 of the Revised Code;
(4)(5) The nonrefundable credit for calendar years 2010 to 2029 for unused net operating losses under division (B) of section 5751.53 of the Revised Code;
(5)(6) The refundable credit for calendar year 2030 for unused net operating losses under division (C) of section 5751.53 of the Revised Code;
(6)(7) The refundable jobs creation credit or job retention credit under division (A) of section 5751.50 of the Revised Code.
(B) For any credit except the refundable credits enumerated in this section, the amount of the credit for a tax period 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 the credit.
Section 2.  That existing sections 5725.98, 5729.98, 5733.01, 5733.98, 5747.98, and 5751.98 of the Revised Code are hereby repealed.
Section 3.  If this act becomes effective before July 1 of the current calendar year, projects may be submitted by municipal corporations to the Tax Commissioner under section 715.58 of the Revised Code on or before the first day of July of the current calendar year. If this act becomes effective on or after July 1 of the current calendar year, projects may be submitted by municipal corporations to the Tax Commissioner on or before the first day of July of the following calendar year.
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