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As Passed by the House
123rd General Assembly
Regular Session
1999-2000 | Am. S. B. No. 4 |
SENATORS MUMPER-BLESSING-JOHNSON-DRAKE-LATTA-WHITE-WATTS-
RAY-GARDNER-ARMBRUSTER-SPADA-PRENTISS-
REPRESENTATIVES HOUSEHOLDER-MOTTLEY-GRENDELL-HAINES-PETERSON-AUSTRIA-
JOLIVETTE-BRITTON-BARNES-HOOD-FLANNERY-HARTNETT-DISTEL-CORBIN-
TERWILLEGER-PERZ-MEAD-MYERS-TRAKAS-SULZER-OGG-VERICH-GARDNER-
JERSE-WILSON-BENDER-YOUNG-MAIER-CLANCY-WINKLER-BRADING-CORE-
HARRIS-METZGER-GOODMAN-JACOBSON-ROMAN-JORDAN-PADGETT-
WILLAMOWSKI-BUCHY-CALVERT-SUTTON-PRINGLE-BARRETT-KRUPINSKI-
NETZLEY-DePIERO-HOOPS-CALLENDER-STAPLETON-DAMSCHRODER-ALLEN-
O'BRIEN-CATES-TAYLOR-KREBS-PATTON-LOGAN-OLMAN-JONES-SMITH-
AMSTUTZ-D.MILLER-SALERNO-CAREY-EVANS
A BILL
To amend section 5747.98 and to enact section 5747.37 of the Revised Code to
grant a nonrefundable credit against the personal
income tax to
persons who adopt
children.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 5747.98 be amended and section 5747.37 of the Revised
Code be enacted to read as follows:
Sec. 5747.37. AS USED IN THIS SECTION:
(A) "MINOR CHILD" MEANS A PERSON UNDER
EIGHTEEN YEARS OF AGE.
(B) "LEGALLY ADOPT" MEANS TO
ADOPT A MINOR CHILD PURSUANT TO CHAPTER 3107. of the Revised Code, OR PURSUANT TO
THE LAWS
OF ANY OTHER STATE OR NATION IF SUCH AN ADOPTION IS RECOGNIZABLE UNDER SECTION
3107.18 OF THE REVISED CODE. FOR THE PURPOSES OF THIS
SECTION, A MINOR CHILD IS LEGALLY ADOPTED WHEN THE FINAL
DECREE OR ORDER OF ADOPTION IS ISSUED BY THE PROPER COURT UNDER THE LAWS OF
THE
STATE OR NATION UNDER WHICH THE CHILD IS ADOPTED, OR, IN THE CASE OF AN
INTERLOCUTORY ORDER OF ADOPTION, WHEN THE ORDER BECOMES FINAL UNDER THE LAWS
OF
THE STATE OR NATION. "LEGALLY ADOPT" DOES NOT INCLUDE THE ADOPTION OF A MINOR
CHILD BY THE CHILD'S STEPPARENT.
THERE IS HEREBY GRANTED A CREDIT AGAINST THE TAX IMPOSED BY SECTION
5747.02 OF THE REVISED CODE FOR THE LEGAL ADOPTION BY A
TAXPAYER OF A MINOR
CHILD. THE AMOUNT OF THE CREDIT SHALL BE FIVE HUNDRED DOLLARS FOR EACH MINOR
CHILD LEGALLY ADOPTED BY THE TAXPAYER DURING THE TAXABLE YEAR. THE CREDIT
SHALL BE CLAIMED IN THE ORDER REQUIRED UNDER SECTION 5747.98 of the Revised Code. FOR THE
PURPOSES OF
MAKING TAX PAYMENTS UNDER THIS CHAPTER, TAXES EQUAL TO THE AMOUNT OF THE
CREDIT SHALL BE CONSIDERED TO BE PAID TO THIS STATE ON THE FIRST DAY OF THE
TAXABLE YEAR.
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:
(2)(1) The retirement income credit under division (B) of
section 5747.055 of the Revised Code;
(3)(2) The senior citizen credit under division (C) of
section 5747.05 of the Revised Code;
(4)(3) The lump sum distribution credit under division (D) of
section 5747.05 of the Revised Code;
(5)(4) The dependent care credit under section 5747.054 of
the Revised Code;
(6)(5) The lump sum retirement income credit under division
(C) of section 5747.055 of the Revised Code;
(7)(6) The lump sum retirement income credit under division
(D) of section 5747.055 of the Revised Code;
(8)(7) The lump sum retirement income credit under division
(E) of section 5747.055 of the Revised Code;
(9)(8) The credit for displaced workers who pay for job
training under section 5747.27 of the Revised Code;
(10)(9) The campaign contribution credit under section
5747.29
of
the Revised Code;
(11)(10) The twenty-dollar personal exemption credit under
section 5747.022 of the Revised Code;
(12)(11) The joint filing credit under division (G) of
section 5747.05 of the Revised Code;
(13)(12) The nonresident credit under division (A) of
section 5747.05 of the Revised Code;
(14)(13) The credit for a resident's out-of-state income
under division (B) of section 5747.05 of the Revised Code;
(15)(14) The credit for employers that enter
into agreements with child day-care centers under section 5747.34 of the
Revised Code;
(16)(15) The credit for employers that reimburse employee
child day-care
expenses under section 5747.36 of the Revised Code;
(16) THE CREDIT FOR ADOPTION OF A MINOR CHILD UNDER SECTION
5747.37 of the Revised Code;
(17) The credit for manufacturing investments under
section 5747.051 of the Revised Code;
(18) The credit for purchases of new manufacturing
machinery and equipment
under section 5747.26 or section 5747.261 of the Revised Code;
(19) The second credit for purchases of new
manufacturing machinery and
equipment under section 5747.31 of the Revised Code;
(20) The enterprise zone credit under section 5709.66 of
the Revised Code;
(21) The credit for the eligible costs associated with a
voluntary action
under section 5747.32 of the Revised Code;
(22) The credit
for employers that establish on-site child day-care centers under section
5747.35 of the Revised Code;
(23) The credit for purchases of qualifying grape
production property under section 5747.28 of the Revised Code;
(24) The export sales credit under section 5747.057 of
the Revised Code;
(25) The credit for research and development and
technology transfer investors under section 5747.33 of the Revised Code;
(26) The enterprise zone credits under
section 5709.65 of the Revised Code;
(27) The refundable jobs creation credit
under section 5747.058 of the Revised Code;
(28) The refundable credit for taxes paid by a qualifying
entity granted under section 5747.059 of the Revised Code;
(29) The refundable credits for taxes paid by a
qualifying
pass-through
entity granted under division (J) of section 5747.08 of the Revised Code.
(B) For any credit, except the refundable credits enumerated in
divisions
(A)(27), (28), and (29) of 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. Section 5747.37 of the Revised Code, as enacted by this act,
applies to adoptions of minor children under final decrees or orders of
adoption duly issued, or interlocutory orders of adoption that become final,
during taxable years beginning
on or after January 1, 1999.
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