2010 Indiana Code
TITLE 6. TAXATION
ARTICLE 3.1. STATE TAX LIABILITY CREDITS
CHAPTER 1. DEFINITIONS; PRIORITY OF CREDITS
IC 6-3.1
ARTICLE 3.1. STATE TAX LIABILITY CREDITS
IC 6-3.1-1
Chapter 1. Definitions; Priority of Credits
IC 6-3.1-1-1
Definitions; application
Sec. 1. Except as otherwise provided in this article, the definitions
contained in IC 6-3-1 apply throughout this article.
As added by P.L.51-1984, SEC.1.
IC 6-3.1-1-2
Order of application
Sec. 2. (a) The tax credits a taxpayer is entitled to shall be applied
against the taxpayer's tax liabilities in the following order:
(1) First, credits which may not be refunded to a taxpayer nor
carried over and applied against any tax liability for any
succeeding taxable year.
(2) Second, credits which may not be refunded to a taxpayer,
but which may be carried over and applied against any tax
liability for any succeeding taxable year.
(3) Third, credits which will be refunded to a taxpayer to the
extent the credit exceeds the tax liability it is to be applied
against.
(b) Credits described in subsection (a)(2) shall be applied against
a taxpayer's tax liabilities so that the credits which may be applied to
the fewest succeeding taxable years are utilized first.
As added by P.L.51-1984, SEC.1.
IC 6-3.1-1-3
Limitation on number of credits granted; election by taxpayer
Sec. 3. A taxpayer (as defined in the following laws), pass through
entity (as defined in the following laws), or shareholder, partner, or
member of a pass through entity may not be granted more than one
(1) tax credit under the following laws for the same project:
(1) IC 6-3.1-10 (enterprise zone investment cost credit).
(2) IC 6-3.1-11 (industrial recovery tax credit).
(3) IC 6-3.1-11.5 (military base recovery tax credit).
(4) IC 6-3.1-11.6 (military base investment cost credit).
(5) IC 6-3.1-13.5 (capital investment tax credit).
(6) IC 6-3.1-19 (community revitalization enhancement district
tax credit).
(7) IC 6-3.1-24 (venture capital investment tax credit).
(8) IC 6-3.1-26 (Hoosier business investment tax credit).
(9) IC 6-3.1-31.9 (Hoosier alternative fuel vehicle manufacturer
tax credit).
If a taxpayer, pass through entity, or shareholder, partner, or member
of a pass through entity has been granted more than one (1) tax credit
for the same project, the taxpayer, pass through entity, or
shareholder, partner, or member of a pass through entity must elect
to apply only one (1) of the tax credits in the manner and form
prescribed by the department.
As added by P.L.199-2005, SEC.17. Amended by P.L.223-2007,
SEC.3.
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