S. B. No. 20 As Introduced

As Introduced

127th General Assembly

Regular Session

2007-2008

S. B. No. 20

Senator Clancy

Cosponsors: Senators Gardner, Stivers, Faber, Mumper, Padgett, Schuring, Schaffer

A BILL

To amend section 5747.37 of the Revised Code to 1
increase the income tax adoption credit from $500 2
per child to $1,500. 3

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

       Section 1. That section 5747.37 of the Revised Code be 4
amended to read as follows: 5

       Sec. 5747.37. As used in this section: 6

       (A) "Minor child" means a person under eighteen years of age. 7

       (B) "Legally adopt" means to adopt a minor child pursuant to 8
Chapter 3107. of the Revised Code, or pursuant to the laws of any 9
other state or nation if such an adoption is recognizable under 10
section 3107.18 of the Revised Code. For the purposes of this 11
section, a minor child is legally adopted when the final decree or 12
order of adoption is issued by the proper court under the laws of 13
the state or nation under which the child is adopted, or, in the 14
case of an interlocutory order of adoption, when the order becomes 15
final under the laws of the state or nation. "Legally adopt" does 16
not include the adoption of a minor child by the child's 17
stepparent. 18

       There is hereby granted a credit against the tax imposed by 19
section 5747.02 of the Revised Code for the legal adoption by a 20
taxpayer of a minor child. The amount of the credit shall be one 21
thousand five hundred dollars for each minor child legally adopted 22
by the taxpayer during the taxable year. The credit shall be 23
claimed in the order required under section 5747.98 of the Revised 24
Code. For the purposes of making tax payments under this chapter, 25
taxes equal to the amount of the credit shall be considered to be 26
paid to this state on the first day of the taxable year. 27

       Section 2. That existing section 5747.37 of the Revised Code 28
is hereby repealed. 29

       Section 3. The amendment by this act of section 5747.37 of 30
the Revised Code applies to adoptions of minor children under 31
final decrees or orders of adoption duly issued, or interlocutory 32
orders of adoption that become final, during taxable years 33
beginning on or after January 1, 2007. 34

Section 1. That section 5747.37 of the Revised Code be	4
amended to read as follows:	5

(B) "Legally adopt" means to adopt a minor child pursuant to	8
Chapter 3107. of the Revised Code, or pursuant to the laws of any	9
other state or nation if such an adoption is recognizable under	10
section 3107.18 of the Revised Code. For the purposes of this	11
section, a minor child is legally adopted when the final decree or	12
order of adoption is issued by the proper court under the laws of	13
the state or nation under which the child is adopted, or, in the	14
case of an interlocutory order of adoption, when the order becomes	15
final under the laws of the state or nation. "Legally adopt" does	16
not include the adoption of a minor child by the child's	17
stepparent.	18

There is hereby granted a credit against the tax imposed by	19
section 5747.02 of the Revised Code for the legal adoption by a	20
taxpayer of a minor child. The amount of the credit shall be one	21
thousand five hundred dollars for each minor child legally adopted	22
by the taxpayer during the taxable year. The credit shall be	23
claimed in the order required under section 5747.98 of the Revised	24
Code. For the purposes of making tax payments under this chapter,	25
taxes equal to the amount of the credit shall be considered to be	26
paid to this state on the first day of the taxable year.	27

Section 2. That existing section 5747.37 of the Revised Code	28
is hereby repealed.	29

Section 3. The amendment by this act of section 5747.37 of	30
the Revised Code applies to adoptions of minor children under	31
final decrees or orders of adoption duly issued, or interlocutory	32
orders of adoption that become final, during taxable years	33
beginning on or after January 1, 2007.	34