As Passed by the House

126th General Assembly Regular Session 2005-2006

Am. Sub. H. B. No. 149

Representatives Calvert, Raga, McGregor, J., Evans, C., Latta, Aslanides, Hartnett, Chandler, Oelslager, Gibbs, Seitz, Gilb, Collier, Schaffer, Kilbane, Hagan, Barrett, Blessing, Buehrer, Cassell, Combs, Core, DeBose, DeGeeter, Dolan, Evans, D., Faber, Fende, Flowers, Garrison, Healy, Hughes, Law, Martin, Mason, McGregor, R., Patton, T., Peterson, Reidelbach, Reinhard, Sayre, Schlichter, Schneider, Seaver, Setzer, Smith, G., Stewart, J., Trakas, Wagoner, Widener, Wolpert, Woodard, Yates, Yuko 

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A BILL

To amend sections 5733.01, 5733.98, and 5747.98 and

1

to enact sections 149.307, 5703.75, 5733.47, and

2

5747.76 of the Revised Code to authorize a

3

nonrefundable tax credit for rehabilitating a

4

historic building.

5

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 5733.01, 5733.98, and 5747.98 be	6
amended and sections 149.307, 5703.75, 5733.47, and 5747.76 of the	7
Revised Code be enacted to read as follows:	8

Sec. 149.307.  (A) As used in this section:

9

(1) "Certificate owner" means the owner or qualified lessee	10
of a historic building who is registered with the tax commissioner	11
under section 5703.75 of the Revised Code as the owner of a	12
rehabilitation tax credit certificate issued under this section,	13
or a credit transferee.	14

(2) "Historic building" means a building, including its	15
structural components, that is located in this state and that is	16
either:	17

(a) Individually listed on the national register of historic	18
places under 16 U.S.C. 470a, located in a registered historic	19
district, and certified by the state historic preservation officer	20
as being of historic significance to the district; or	21

(b) Individually listed as a historic landmark designated by	22
a local government certified under 16 U.S.C. 470a(c) and was	23
originally constructed prior to the year nineteen hundred.	24

(3) "Owner" of a building means a person holding the fee	25
simple interest in the building.	26

(4) "Qualified lessee" means a person occupying or otherwise	27
holding a historic building under a lease with a term ending not	28
earlier than five years after completion of the rehabilitation for	29
which a rehabilitation tax credit certificate may be issued under	30
this section, determined without regard to any renewal period of	31
the lease.	32

(5) "Qualified rehabilitation expenditures" means	33
expenditures paid or incurred during the rehabilitation period by	34
an owner or qualified lessee of a historic building to	35
rehabilitate the building, including architectural or engineering	36
fees paid or incurred in connection with the rehabilitation and	37
expenses paid or incurred in the preparation of nomination forms	38
for listing the building on the national register of historic	39
places. "Qualified rehabilitation expenditures" does not include	40
the cost of acquiring a building or expenditures to expand or	41
enlarge a historic building.	42

(6) "Registered historic district" means a historic district	43
listed in the national register of historic places under 16 U.S.C.	44
470a, a historic district designated by a local government	45
certified under 16 U.S.C. 470a(c), or a local historic district	46
certified under 36 C.F.R. 67.8 and 67.9.	47

(7) "Rehabilitation" means the process of returning a	48
building or buildings to a state of utility, through repair or	49
alteration, making possible an efficient use while preserving	50
those portions and features of the building and its site and	51
environment that are significant to its historic, architectural,	52
and cultural values.	53

(8) "Rehabilitation period" means one of the following:

54

(a) If the rehabilitation initially was not planned to be	55
completed in stages, a period not to exceed twenty-four months	56
beginning with the month in which physical rehabilitation work	57
begins;	58

(b) If the rehabilitation initially was planned to be	59
completed in stages, a period not to exceed sixty months beginning	60
with the month in which physical rehabilitation work begins.	61

(9) "State historic preservation officer" or "officer" means	62
the state historic preservation officer appointed by the governor	63
under 16 U.S.C. 470a.	64

(10) "Credit transferee" means the person to whom a	65
rehabilitation tax credit certificate is transferred under	66
division (E) of this section.	67

(B) The owner or qualified lessee of a historic building may	68
apply to the state historic preservation officer for a	69
rehabilitation tax credit certificate. The form and manner of	70
filing such applications shall be prescribed by the state historic	71
preservation officer or the officer's designee. The officer or the	72
officer's designee shall accept and review such applications, and	73
may approve issuance of not more than twenty rehabilitation tax	74
credit certificates each calendar year. The officer or officer's	75
designee shall not issue a tax credit certificate unless the	76
officer or designee determines:	77

(1) That the building that is the subject of the application	78
is a historic building;	79

(2) That the rehabilitation satisfies standards prescribed by	80
the United States secretary of the interior under 16 U.S.C. 470,	81
et seq., as amended, and 36 C.F.R. 67.7 or a successor to that	82
section; and	83

(3) That the expenditures to rehabilitate the building are	84
qualified rehabilitation expenditures and are reported by the	85
applicant to exceed the greater of five thousand dollars or the	86
adjusted basis of the building as it would be determined under	87
subparagraph (c)(1)(C) of section 47 of the Internal Revenue Code	88
excluding the cost of acquiring the building.	89

(4) That the building, once rehabilitated, is intended to be	90
held as income-producing property for which depreciation, or	91
amortization in lieu of depreciation, is allowable under the	92
Internal Revenue Code.	93

The state historic preservation officer or the officer's	94
designee may prescribe criteria in addition to those specified in	95
divisions (B)(1), (2), and (3) of this section for the purpose of	96
ranking applications in the priority in which tax credit	97
certificates shall be issued within the limitation on the number	98
of certificates that may be issued each year.	99

An applicant shall demonstrate to the satisfaction of the	100
state historic preservation officer or the officer's designee that	101
the rehabilitation satisfies the standards described in division	102
(B)(2) of this section before the applicant begins physical	103
rehabilitation work. Before physical rehabilitation work begins,	104
the applicant shall cause the building to be appraised to	105
determine the building's fair market value, and shall submit a	106
copy of the appraisal with the application for the tax credit	107
certificate. A rehabilitation tax credit certificate for a	108
historic building shall not be issued before rehabilitation of the	109
building is completed. Upon the request of the state historic	110
preservation officer or the officer's designee, the applicant	111
shall provide documentation of qualified rehabilitation	112
expenditures.	113

(C) Rehabilitation tax credit certificates shall be in a form	114
to be devised by the state historic preservation officer or the	115
officer's designee with the advice of the tax commissioner, shall	116
identify the applicant and the building that is the subject of the	117
application, shall show the amount of the qualified rehabilitation	118
expenditures the applicant claims to have paid or incurred, and	119
shall bear a unique registration number. Issuance of a certificate	120
represents a finding by the officer or the officer's designee of	121
the matters described in divisions (B)(1), (2), and (3) of this	122
section only; issuance of a certificate does not represent a	123
verification or certification by the officer or the officer's	124
designee of the amount of qualified rehabilitation expenditures	125
for which a tax credit may be claimed. The amount of qualified	126
rehabilitation expenditures for which a tax credit may be claimed	127
is subject to inspection and examination by the tax commissioner	128
or employees of the commissioner under section 5703.19 of the	129
Revised Code and any other applicable provision of law. Upon the	130
issuance of a certificate, the state historic preservation officer	131
or designee shall certify to the tax commissioner, in the form and	132
manner requested by the tax commissioner, the name of the person	133
to whom the certificate was issued, the dollar amount of qualified	134
rehabilitation expenditures shown on the certificate, the	135
registration number of the certificate, the fair market value of	136
the building that is the subject of the certificate as indicated	137
in the appraisal conducted pursuant to division (B) of this	138
section, and any other information required by the tax	139
commissioner.	140

(D) The state historic preservation officer may fix and	141
collect a reasonable fee payable at the time an application for a	142
rehabilitation tax credit certificate is filed. The amount of the	143
fee shall be fixed by rule adopted under Chapter 119. of the	144
Revised Code. Proceeds from the fee shall be used exclusively to	145
defray the expenses incurred by the historic preservation office	146
in administering this section.	147

(E) The person to whom a rehabilitation tax credit	148
certificate is issued may sell or otherwise transfer the	149
certificate to another person for consideration or otherwise.	150
Within thirty days after the transfer, the transferee shall notify	151
the tax commissioner, in writing, of the transfer, and shall	152
indicate on the notice the registration number of the certificate,	153
the name and mailing address of the credit transferee, and any	154
other information required by the tax commissioner. For good cause	155
shown, the tax commissioner may extend the time for filing the	156
notice.	157

The transfer of a certificate does not affect the right of	158
the tax commissioner to examine the books and records of the owner	159
or qualified lessee to whom the certificate was originally issued	160
for the purpose of verifying or confirming qualified	161
rehabilitation expenditures.	162

A transferee of a certificate may not transfer the	163
certificate to any other person.	164

Sec. 5703.75. For the purpose of sections 5733.47 and 5747.76	165
of the Revised Code, the tax commissioner shall compile and	166
maintain a register of rehabilitation tax credit certificates	167
issued under section 149.307 of the Revised Code. The register	168
shall record, according to the registration number of each	169
certificate issued, the name of the person to which the	170
certificate is issued and the dollar amount of qualified	171
rehabilitation expenditures the person claims to have paid or	172
incurred. If a rehabilitation tax credit certificate was	173
transferred to a credit transferee and the credit transferee	174
notified the tax commissioner of the transfer as required under	175
division (E) of section 143.307 of the Revised Code, the tax	176
commissioner shall make a notation of the transfer on the register	177
and shall record the name and address of the credit transferee in	178
the register as the new certificate owner.	179

Within one year after a rehabilitation tax credit certificate	180
is issued, the tax commissioner shall cause the building that is	181
the subject of the certificate to be appraised to compute the	182
amount, if any, by which the current estimated fair market value	183
of the building exceeds its fair market value as estimated in the	184
appraisal conducted pursuant to division (B) of section 149.307 of	185
the Revised Code. On or before the last day of March each year	186
beginning with the year after the first tax credit certificates	187
are issued under section 149.307 of the Revised Code, the tax	188
commissioner shall prepare a report showing the extent of such	189
increases in appraised fair market values of buildings for which	190
the tax commissioner caused an appraisal to be conducted under	191
this section in the preceding year, and shall submit copies of the	192
report to the president of the senate and the speaker of the house	193
of representatives.	194

Sec. 5733.01.  (A) The tax provided by this chapter for	195
domestic corporations shall be the amount charged against each	196
corporation organized for profit under the laws of this state and	197
each nonprofit corporation organized pursuant to Chapter 1729. of	198
the Revised Code, except as provided in sections 5733.09 and	199
5733.10 of the Revised Code, for the privilege of exercising its	200
franchise during the calendar year in which that amount is	201
payable, and the tax provided by this chapter for foreign	202
corporations shall be the amount charged against each corporation	203
organized for profit and each nonprofit corporation organized or	204
operating in the same or similar manner as nonprofit corporations	205
organized under Chapter 1729. of the Revised Code, under the laws	206
of any state or country other than this state, except as provided	207
in sections 5733.09 and 5733.10 of the Revised Code, for the	208
privilege of doing business in this state, owning or using a part	209
or all of its capital or property in this state, holding a	210
certificate of compliance with the laws of this state authorizing	211
it to do business in this state, or otherwise having nexus in or	212
with this state under the Constitution of the United States,	213
during the calendar year in which that amount is payable.	214

(B) A corporation is subject to the tax imposed by section	215
5733.06 of the Revised Code for each calendar year that it is so	216
organized, doing business, owning or using a part or all of its	217
capital or property, holding a certificate of compliance, or	218
otherwise having nexus in or with this state under the	219
Constitution of the United States, on the first day of January of	220
that calendar year.	221

(C) Any corporation subject to this chapter that is not	222
subject to the federal income tax shall file its returns and	223
compute its tax liability as required by this chapter in the same	224
manner as if that corporation were subject to the federal income	225
tax.	226

(D) For purposes of this chapter, a federally chartered	227
financial institution shall be deemed to be organized under the	228
laws of the state within which its principal office is located.	229

(E) For purposes of this chapter, any person, as defined in	230
section 5701.01 of the Revised Code, shall be treated as a	231
corporation if the person is classified for federal income tax	232
purposes as an association taxable as a corporation, and an equity	233
interest in the person shall be treated as capital stock of the	234
person.	235

(F) For the purposes of this chapter, "disregarded entity"	236
has the same meaning as in division (D) of section 5745.01 of the	237
Revised Code.	238

(1) A person's interest in a disregarded entity, whether held	239
directly or indirectly, shall be treated as the person's ownership	240
of the assets and liabilities of the disregarded entity, and the	241
income, including gain or loss, shall be included in the person's	242
net income under this chapter.	243

(2) Any sale, exchange, or other disposition of the person's	244
interest in the disregarded entity, whether held directly or	245
indirectly, shall be treated as a sale, exchange, or other	246
disposition of the person's share of the disregarded entity's	247
underlying assets or liabilities, and the gain or loss from such	248
sale, exchange, or disposition shall be included in the person's	249
net income under this chapter.	250

(3) The disregarded entity's payroll, property, and sales	251
factors shall be included in the person's factors.	252

(G) The tax a corporation is required to pay under this	253
chapter shall be as follows:	254

(1)(a) For financial institutions, the greater of the minimum	255
payment required under division (E) of section 5733.06 of the	256
Revised Code or the difference between all taxes charged the	257
financial institution under this chapter, without regard to	258
division (G)(2) of this section, less any credits allowable	259
against such tax.	260

(b) A corporation satisfying the description in division	261
(E)(5), (6), (7), (8), or (10) of section 5751.01 of the Revised	262
Code that is not a financial institution, insurance company, or	263
dealer in intangibles is subject to the taxes imposed under this	264
chapter as a corporation and not subject to tax as a financial	265
institution, and shall pay the greater of the minimum payment	266
required under division (E) of section 5733.06 of the Revised Code	267
or the difference between all the taxes charged under this	268
chapter, without regard to division (G)(2) of this section, less	269
any credits allowable against such tax.	270

(2) For all corporations other than those persons described	271
in division (G)(1)(a) or (b) of this section, the amount under	272
division (G)(2)(a) of this section applicable to the tax year	273
specified less the amount under division (G)(2)(b) of this	274
section:	275

(a)(i) For tax year 2005, the greater of the minimum payment	276
required under division (E) of section 5733.06 of the Revised Code	277
or the difference between all taxes charged the corporation under	278
this chapter and any credits allowable against such tax;	279

(ii) For tax year 2006, the greater of the minimum payment	280
required under division (E) of section 5733.06 of the Revised Code	281
or four-fifths of the difference between all taxes charged the	282
corporation under this chapter and any credits allowable against	283
such tax except the qualifying pass-through entity tax credit	284
described in division (A)(30)(31) and the refundable credits	285
described in divisions (A)(31), (32), (33), and (34), and (35) of	286
section 5733.98 of the Revised Code;	287

(iii) For tax year 2007, the greater of the minimum payment	288
required under division (E) of section 5733.06 of the Revised Code	289
or three-fifths of the difference between all taxes charged the	290
corporation under this chapter and any credits allowable against	291
such tax except the qualifying pass-through entity tax credit	292
described in division (A)(30)(31) and the refundable credits	293
described in divisions (A)(31), (32), (33), and (34), and (35) of	294
section 5733.98 of the Revised Code;	295

(iv) For tax year 2008, the greater of the minimum payment	296
required under division (E) of section 5733.06 of the Revised Code	297
or two-fifths of the difference between all taxes charged the	298
corporation under this chapter and any credits allowable against	299
such tax except the qualifying pass-through entity tax credit	300
described in division (A)(30)(31) and the refundable credits	301
described in divisions (A)(31), (32), (33), and (34), and (35) of	302
section 5733.98 of the Revised Code;	303

(v) For tax year 2009, the greater of the minimum payment	304
required under division (E) of section 5733.06 of the Revised Code	305
or one-fifth of the difference between all taxes charged the	306
corporation under this chapter and any credits allowable against	307
such tax except the qualifying pass-through entity tax credit	308
described in division (A)(30)(31) and the refundable credits	309
described in divisions (A)(31), (32), and(32), (33), and (34) of	310
section 5733.98 of the Revised Code;	311

(vi) For tax year 2010 and each tax year thereafter, no tax.

312

(b) A corporation shall subtract from the amount calculated	313
under division (G)(2)(a)(ii), (iii), (iv), or (v) of this section	314
any qualifying pass-through entity tax credit described in	315
division (A)(30)(31) and any refundable credits described in	316
divisions (A)(31), (32), (33), and (34), and (35) of section	317
5733.98 of the Revised Code to which the corporation is entitled.	318
Any unused qualifying pass-through entity tax credit is not	319
refundable.	320

(c) For the purposes of computing the amount of a credit that	321
may be carried forward to a subsequent tax year under division	322
(G)(2) of this section, a credit is utilized against the tax for a	323
tax year to the extent the credit applies against the tax for that	324
tax year, even if the difference is then multiplied by the	325
applicable fraction under division (G)(2)(a) of this section.	326

(3) Nothing in division (G) of this section eliminates or	327
reduces the tax imposed by section 5733.41 of the Revised Code on	328
a qualifying pass-through entity.	329

Sec. 5733.47. (A) As used in this section, "certificate	330
owner" and "qualified rehabilitation expenditures" have the same	331
meanings as in section 149.307 of the Revised Code.	332

(B) There is hereby allowed a nonrefundable credit against	333
the tax imposed under section 5733.06 of the Revised Code for a	334
taxpayer that is the certificate owner of a rehabilitation tax	335
credit certificate issued under section 149.307 of the Revised	336
Code. The credit equals twenty-five per cent of the dollar amount	337
of the taxpayer's qualified rehabilitation expenditures indicated	338
in the tax commissioner's register maintained under section	339
5703.75 of the Revised Code. The credit shall be claimed in the	340
order prescribed in section 5733.98 of the Revised Code. If the	341
amount of the credit exceeds the amount of tax otherwise due under	342
section 5733.06 of the Revised Code after deducting any other	343
credits preceding the credit allowed by this section in that	344
order, the excess may be carried forward and deducted from the tax	345
otherwise due for ten subsequent tax years following the tax year	346
for which the credit is claimed under this section.	347

Credits allowed under this section may be claimed beginning	348
with tax year 2007. The total amount of credits claimed under this	349
section by a taxpayer for the same historic building shall not	350
exceed two hundred fifty thousand dollars.	351

A taxpayer claiming a credit under this section shall retain	352
the rehabilitation tax credit certificate for four years following	353
the end of the last tax year to which the credit, including any	354
carried-forward amount, is applied, and shall make the certificate	355
available for inspection by the tax commissioner upon the	356
commissioner's request during that period.	357

Sec. 5733.98.  (A) To provide a uniform procedure for	358
calculating the amount of tax imposed by section 5733.06 of the	359
Revised Code that is due under this chapter, a taxpayer shall	360
claim any credits to which it is entitled in the following order,	361
except as otherwise provided in section 5733.058 of the Revised	362
Code:	363

(1) For tax year 2005, the credit for taxes paid by a	364
qualifying pass-through entity allowed under section 5733.0611 of	365
the Revised Code;	366

(2) The credit allowed for financial institutions under	367
section 5733.45 of the Revised Code;	368

(3) The credit for qualifying affiliated groups under section	369
5733.068 of the Revised Code;	370

(4) The subsidiary corporation credit under section 5733.067	371
of the Revised Code;	372

(5) The savings and loan assessment credit under section	373
5733.063 of the Revised Code;	374

(6) The credit for recycling and litter prevention donations	375
under section 5733.064 of the Revised Code;	376

(7) The credit for employers that enter into agreements with	377
child day-care centers under section 5733.36 of the Revised Code;	378

(8) The credit for employers that reimburse employee child	379
care expenses under section 5733.38 of the Revised Code;	380

(9) The credit for maintaining railroad active grade crossing	381
warning devices under section 5733.43 of the Revised Code;	382

(10) The credit for purchases of lights and reflectors under	383
section 5733.44 of the Revised Code;	384

(11) The job retention credit under division (B) of section	385
5733.0610 of the Revised Code;	386

(12) The credit for losses on loans made under the Ohio	387
venture capital program under sections 150.01 to 150.10 of the	388
Revised Code if the taxpayer elected a nonrefundable credit under	389
section 150.07 of the Revised Code;	390

(13) The credit for purchases of new manufacturing machinery	391
and equipment under section 5733.31 or section 5733.311 of the	392
Revised Code;	393

(14) The second credit for purchases of new manufacturing	394
machinery and equipment under section 5733.33 of the Revised Code;	395

(15) The job training credit under section 5733.42 of the	396
Revised Code;	397

(16) The credit for qualified research expenses under section	398
5733.351 of the Revised Code;	399

(17) The enterprise zone credit under section 5709.66 of the	400
Revised Code;	401

(18) The credit for the eligible costs associated with a	402
voluntary action under section 5733.34 of the Revised Code;	403

(19) The credit for employers that establish on-site child	404
day-care centers under section 5733.37 of the Revised Code;	405

(20) The ethanol plant investment credit under section	406
5733.46 of the Revised Code;	407

(21) The credit for purchases of qualifying grape production	408
property under section 5733.32 of the Revised Code;	409

(22) The export sales credit under section 5733.069 of the	410
Revised Code;	411

(23) The credit for research and development and technology	412
transfer investors under section 5733.35 of the Revised Code;	413

(24) The enterprise zone credits under section 5709.65 of the	414
Revised Code;	415

(25) The credit for using Ohio coal under section 5733.39 of	416
the Revised Code;	417

(26) The credit for small telephone companies under section	418
5733.57 of the Revised Code;	419

(27) The credit for eligible nonrecurring 9-1-1 charges under	420
section 5733.55 of the Revised Code;	421

(28) For tax year 2005, the credit for providing programs to	422
aid the communicatively impaired under division (A) of section	423
5733.56 of the Revised Code;	424

(29) The credit for rehabilitating historic buildings under	425
section 5933.47 of the Revised Code;	426

(30) The research and development credit under section	427
5733.352 of the Revised Code;	428

(30)(31) For tax years 2006 and subsequent tax years, the	429
credit for taxes paid by a qualifying pass-through entity allowed	430
under section 5733.0611 of the Revised Code;	431

(31)(32) The refundable jobs creation credit under division	432
(A) of section 5733.0610 of the Revised Code;	433

(32)(33) The refundable credit for tax withheld under	434
division (B)(2) of section 5747.062 of the Revised Code;	435

(33)(34) The credit for losses on loans made to the Ohio	436
venture capital program under sections 150.01 to 150.10 of the	437
Revised Code if the taxpayer elected a refundable credit under	438
section 150.07 of the Revised Code;	439

(34)(35) For tax years 2006, 2007, and 2008, the refundable	440
credit allowable under division (B) of section 5733.56 of the	441
Revised Code.	442

(B) For any credit except the credits enumerated in divisions	443
(A)(31), (32), (33), and (34), and (35) of this section, the	444
amount of the credit for a tax year shall not exceed the tax due	445
after allowing for any other credit that precedes it in the order	446
required under this section. Any excess amount of a particular	447
credit may be carried forward if authorized under the section	448
creating that credit.	449

Sec. 5747.76. (A) As used in this section, "certificate	450
owner" and "qualified rehabilitation expenditures" have the same	451
meanings as in section 149.307 of the Revised Code.	452

(B) There is hereby allowed a nonrefundable credit against	453
the tax imposed under section 5747.02 of the Revised Code for a	454
taxpayer that is the certificate owner of a rehabilitation tax	455
credit certificate issued under section 149.307 of the Revised	456
Code. The credit equals twenty-five per cent of the dollar amount	457
of the taxpayer's qualified rehabilitation expenditures indicated	458
in the tax commissioner's register maintained under section	459
5703.75 of the Revised Code. The credit shall be claimed in the	460
order prescribed in section 5747.98 of the Revised Code. If the	461
amount of the credit exceeds the amount of tax otherwise due under	462
section 5747.02 of the Revised Code after deducting any other	463
credits preceding the credit allowed by this section in that	464
order, the excess may be carried forward and deducted from the tax	465
otherwise due for ten subsequent taxable years following the tax	466
year for which the credit is claimed under this section.	467

Nothing in this section limits or disallows pass-through	468
treatment of the credit if the certificate owner is a pass-through	469
entity.	470

The credit may be claimed for taxable years beginning on or	471
after January 1, 2007. The total amount of credits claimed under	472
this section by a taxpayer for the same historic building for all	473
taxable years shall not exceed two hundred fifty thousand dollars.	474

A taxpayer claiming a credit under this section shall retain	475
the rehabilitation tax credit certificate for four years following	476
the end of the last taxable year to which the credit, including	477
any carried-forward amount, is applied, and shall make the	478
certificate available for inspection by the tax commissioner upon	479
the commissioner's request during that period.	480

Sec. 5747.98.  (A) To provide a uniform procedure for	481
calculating the amount of tax due under section 5747.02 of the	482
Revised Code, a taxpayer shall claim any credits to which the	483
taxpayer is entitled in the following order:	484

(1) The retirement income credit under division (B) of	485
section 5747.055 of the Revised Code;	486

(2) The senior citizen credit under division (C) of section	487
5747.05 of the Revised Code;	488

(3) The lump sum distribution credit under division (D) of	489
section 5747.05 of the Revised Code;	490

(4) The dependent care credit under section 5747.054 of the	491
Revised Code;	492

(5) The lump sum retirement income credit under division (C)	493
of section 5747.055 of the Revised Code;	494

(6) The lump sum retirement income credit under division (D)	495
of section 5747.055 of the Revised Code;	496

(7) The lump sum retirement income credit under division (E)	497
of section 5747.055 of the Revised Code;	498

(8) The low-income credit under section 5747.056 of the	499
Revised Code;	500

(9) The credit for displaced workers who pay for job training	501
under section 5747.27 of the Revised Code;	502

(10) The campaign contribution credit under section 5747.29	503
of the Revised Code;	504

(11) The twenty-dollar personal exemption credit under	505
section 5747.022 of the Revised Code;	506

(12) The joint filing credit under division (G) of section	507
5747.05 of the Revised Code;	508

(13) The nonresident credit under division (A) of section	509
5747.05 of the Revised Code;	510

(14) The credit for a resident's out-of-state income under	511
division (B) of section 5747.05 of the Revised Code;	512

(15) The credit for employers that enter into agreements with	513
child day-care centers under section 5747.34 of the Revised Code;	514

(16) The credit for employers that reimburse employee child	515
care expenses under section 5747.36 of the Revised Code;	516

(17) The credit for adoption of a minor child under section	517
5747.37 of the Revised Code;	518

(18) The credit for purchases of lights and reflectors under	519
section 5747.38 of the Revised Code;	520

(19) The job retention credit under division (B) of section	521
5747.058 of the Revised Code;	522

(20) The credit for losses on loans made under the Ohio	523
venture capital program under sections 150.01 to 150.10 of the	524
Revised Code if the taxpayer elected a nonrefundable credit under	525
section 150.07 of the Revised Code;	526

(21) The credit for purchases of new manufacturing machinery	527
and equipment under section 5747.26 or section 5747.261 of the	528
Revised Code;	529

(22) The second credit for purchases of new manufacturing	530
machinery and equipment and the credit for using Ohio coal under	531
section 5747.31 of the Revised Code;	532

(23) The job training credit under section 5747.39 of the	533
Revised Code;	534

(24) The enterprise zone credit under section 5709.66 of the	535
Revised Code;	536

(25) The credit for the eligible costs associated with a	537
voluntary action under section 5747.32 of the Revised Code;	538

(26) The credit for employers that establish on-site child	539
day-care centers under section 5747.35 of the Revised Code;	540

(27) The ethanol plant investment credit under section	541
5747.75 of the Revised Code;	542

(28) The credit for purchases of qualifying grape production	543
property under section 5747.28 of the Revised Code;	544

(29) The export sales credit under section 5747.057 of the	545
Revised Code;	546

(30) The credit for research and development and technology	547
transfer investors under section 5747.33 of the Revised Code;	548

(31) The credit for rehabilitating historic buildings under	549
section 5747.76 of the Revised Code;	550

(32) The enterprise zone credits under section 5709.65 of the	551
Revised Code;	552

(32)(33) The research and development credit under section	553
5747.331 of the Revised Code;	554

(33)(34) The refundable jobs creation credit under division	555
(A) of section 5747.058 of the Revised Code;	556

(34)(35) The refundable credit for taxes paid by a qualifying	557
entity granted under section 5747.059 of the Revised Code;	558

(35)(36) The refundable credits for taxes paid by a	559
qualifying pass-through entity granted under division (J) of	560
section 5747.08 of the Revised Code;	561

(36)(37) The refundable credit for tax withheld under	562
division (B)(1) of section 5747.062 of the Revised Code;	563

(37)(38) The credit for losses on loans made to the Ohio	564
venture capital program under sections 150.01 to 150.10 of the	565
Revised Code if the taxpayer elected a refundable credit under	566
section 150.07 of the Revised Code.	567

(B) For any credit, except the credits enumerated in	568
divisions (A)(33)(34) to (37)(38) of this section and the credit	569
granted under division (I) of section 5747.08 of the Revised Code,	570
the amount of the credit for a taxable year shall not exceed the	571
tax due after allowing for any other credit that precedes it in	572
the order required under this section. Any excess amount of a	573
particular credit may be carried forward if authorized under the	574
section creating that credit. Nothing in this chapter shall be	575
construed to allow a taxpayer to claim, directly or indirectly, a	576
credit more than once for a taxable year.	577

Section 2. That existing sections 5733.01, 5733.98, and	578
5747.98 of the Revised Code are hereby repealed.	579

Section 3.  Applications to the State Historic Preservation	580
Officer for a rehabilitation tax credit certificate under section	581
149.307 of the Revised Code may be filed on or after the first day	582
of the sixth month after the month in which this act takes effect.	583