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H. B. No. 261 As IntroducedAs Introduced
129th General Assembly | Regular Session | 2011-2012 |
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Cosponsors:
Representatives Stebelton, Combs, Gonzales, Murray, Yuko, Antonio, Stinziano
A BILL
To amend sections 5747.98 and 5751.98 and to enact
sections 5747.78 and 5751.54 of the Revised Code
to allow a credit against the personal income tax
or commercial activity tax for the installation of
an alternative fuel facility.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 5747.98 and 5751.98 be amended and
sections 5747.78 and 5751.54 of the Revised Code be enacted to
read as follows:
Sec. 5747.78. (A) As used in this section:
(1) "Alternative fuel" means any of the following if used for
the propulsion of a motor vehicle:
(a) Compressed natural gas;
(b) Liquefied natural gas;
(c) Liquefied petroleum gas;
(e) Any liquid, if the percentage of ethanol in the liquid is
at least eighty-five per cent;
(2) "Qualifying facility" means a commercial or residential
facility in which equipment used to store or dispense alternative
fuel for use in motor vehicles is located, provided that the
equipment is labeled for such purposes and clearly identified as
associated with storing or dispensing alternative fuel.
(B) A nonrefundable credit may be claimed against the tax
imposed by section 5747.02 of the Revised Code by a taxpayer that
places a qualifying facility into service in this state on or
after the effective date of this section and before January 1,
2015, for the purpose of dispensing alternative fuel for motor
vehicles. The credit equals thirty per cent of the total cost of
purchasing, constructing, or installing tangible personal property
to be incorporated into the qualifying facility, including any
equipment, pumps, storage tanks, or related items, to be used for
dispensing or storing alternative fuel.
If the qualifying facility is a commercial facility, the
taxpayer shall claim one-third of the amount of the credit for the
taxable year in which the qualifying facility is placed into
service and one-third of the amount of the credit for each of the
two succeeding taxable years. The taxpayer may not claim an
installment of the credit for any taxable year in which the
qualifying facility for which the credit was granted is removed
from service or for any subsequent taxable year, except the
taxpayer may continue to apply any credit amount that may be
carried over from the preceding taxable year.
If the qualifying facility is not a commercial facility, the
taxpayer shall claim the full amount of the credit for the taxable
year in which the qualifying facility is placed into service.
The credit, to the extent it exceeds the taxpayer's tax
liability for a taxable year after allowance for any other credits
that precede the credit under section 5747.98 of the Revised Code,
may be carried forward to the next succeeding taxable year or
years, but the amount of the excess credit claimed for any taxable
year shall be deducted from the balance carried forward to the
next taxable year.
(C) A nonrefundable credit may be claimed under this section
by a taxpayer that sells tangible personal property to be
incorporated into a qualifying facility to any person, including
the state or any of its political subdivisions, that is not
subject to the tax imposed by section 5747.02 or 5751.02 of the
Revised Code for the taxable year or calendar year in which the
facility is placed into service if the purchaser of the property
places the facility into service on or after the effective date of
this section and before January 1, 2015. The taxpayer shall notify
the purchaser that the taxpayer is eligible to receive the credit
authorized in this division. The credit shall equal the price, as
defined in section 5739.01 of the Revised Code, at which the
taxpayer sells the property to the purchaser. The credit shall be
claimed in the same manner as provided in division (B) of this
section.
(D) The taxpayer shall claim a credit allowed under division
(B) or (C) of this section in the order required by section
5747.98 of the Revised Code.
(E) Nothing in this section limits or disallows pass-through
treatment of the credit if the person placing a qualifying
facility into service or, in the case of the credit under division
(C) of this section, the person selling property to be
incorporated into a qualifying facility, is a pass-through entity.
(F) A credit is not allowed under this section if a credit is
claimed under section 5751.54 of the Revised Code on the basis of
the same qualifying facility.
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 export sales credit under section 5747.057 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 credits for installing or selling an alternative
fuel facility or related property under section 5747.78 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. 5751.54. (A) As used in this section:
(1) "Alternative fuel" has the same meaning as in section
5747.78 of the Revised Code.
(2) "Qualifying facility" means a commercial facility in
which equipment used to store or dispense alternative fuel for use
in motor vehicles is located, provided that the equipment is
labeled for such purposes and clearly identified as associated
with storing or dispensing alternative fuel.
(B) A nonrefundable credit may be claimed against the tax
imposed by section 5751.02 of the Revised Code by a taxpayer who
places a qualifying facility into service in this state on or
after the effective date of this section and before January 1,
2015, for the purpose of dispensing alternative fuel for motor
vehicles. The credit equals thirty per cent of the total cost of
purchasing, constructing, or installing tangible personal property
to be incorporated into the qualifying facility, including
equipment, pumps, storage tanks, or related items, to be used for
dispensing or storing alternative fuel.
The taxpayer shall claim the credit in substantially equal
installments for each of the taxpayer's annual or quarterly tax
periods occurring during the three calendar years following the
year in which the qualifying facility is placed into service. The
credit, to the extent it exceeds the taxpayer's tax liability for
a tax period after allowance for any other credits that precede
the credit under section 5751.98 of the Revised Code, may be
carried forward to the next succeeding tax period or periods, but
the amount of the excess credit claimed for any tax period shall
be deducted from the balance carried forward to the next tax
period. The taxpayer may not claim an installment of the credit
for any tax period in which the qualifying facility is removed
from service or for any subsequent tax period, except that the
taxpayer may continue to apply any credit amount that may be
carried over from preceding tax periods.
(C) A nonrefundable credit may be claimed under this section
by a taxpayer that sells tangible personal property to be
incorporated into a qualifying facility to any person, including
the state or any of its political subdivisions, that is not
subject to the tax imposed by section 5747.02 or 5751.02 of the
Revised Code for the taxable or calendar year in which the
facility is placed into service if the purchaser of the property
places the facility into service on or after the effective date of
this section and before January 1, 2015. The taxpayer shall notify
the purchaser that the taxpayer is eligible to receive the credit
authorized in this division. The credit shall equal the price, as
defined in section 5739.01 of the Revised Code, at which the
taxpayer sells the property to the purchaser. The credit shall be
claimed in the same manner as provided in division (B) of this
section.
(D) The taxpayer shall claim a credit allowed under division
(B) or (C) of this section in the order required by section
5751.98 of the Revised Code.
(E) A credit is not allowed under this section if a credit is
claimed under section 5747.78 of the Revised Code on the basis of
the same qualifying facility.
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 a borrower's qualified
research and development loan payments under division (B) of
section 5751.52 of the Revised Code;
(4) 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) The nonrefundable credits for installing or selling an
alternative fuel facility or related property under section
5751.54 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 5747.98 and 5751.98 of the
Revised Code are hereby repealed.
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