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IN HB1194
Bill
Status
1/10/2019
Primary Sponsor
Matthew Lehman
Click for details
AI Summary
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Creates a new regional development tax credit for taxpayers who make qualified investments in redeveloping or rehabilitating vacant or underused real property, with credit amounts equal to the investment multiplied by a percentage determined by the Indiana Economic Development Corporation (IEDC).
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Maximum credit percentages are capped at 15% for projects in local economic activity plans and 25% for projects in approved regional redevelopment plans submitted by development authorities.
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Phases out the industrial recovery tax credit and community revitalization enhancement district tax credit for qualified investments made after December 31, 2019, with exceptions for applications approved or agreements entered before January 1, 2021.
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Allows unused credits to be carried forward for up to nine taxable years and permits taxpayers to assign credits to other parties, but prohibits carrybacks or refunds of unused credits.
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Authorizes the IEDC to include "return on investment" provisions in credit agreements requiring taxpayers to repay credits if certain conditions related to project profitability or refinancing are met, with repayments deposited into a fund for regional development and workforce training programs.
Legislative Description
Tax credits. Establishes the regional development tax credit (credit). Allows a taxpayer to apply to the Indiana economic development corporation (IEDC) for the credit. Provides that a taxpayer is entitled to a credit against state tax liability if: (1) the taxpayer makes a qualified investment for the redevelopment or rehabilitation of real property that is vacant or underused; and (2) the qualified investment is approved by the IEDC. Specifies the factors that the IEDC shall consider in evaluating applications for a proposed qualified investment. Specifies that the credit is subject to an agreement entered into by the IEDC and the taxpayer. Provides that the amount of the credit is equal to: (1) the qualified investment made by the taxpayer and approved by the IEDC in the agreement; multiplied by (2) the applicable credit percentage determined by the IEDC. Specifies the maximum applicable credit percentages that apply to qualified investments. Prohibits the carryback or refund of any unused credit. Allows a taxpayer to carry forward any unused credit amounts and to assign any part of a credit to which the taxpayer is entitled. Authorizes the IEDC to negotiate with a taxpayer and include in the credit agreement a return on investment provision requiring the taxpayer to repay all or part of a credit awarded to the taxpayer if one or more conditions specified in the agreement are satisfied. Provides that a taxpayer is not entitled to receive any of the following (with certain exceptions): (1) An industrial recovery tax credit for a qualified investment made after December 31, 2019. (2) A community revitalization enhancement district tax credit for a qualified investment made after December 31, 2019.
Last Action
First reading: referred to Committee on Ways and Means
1/10/2019