2019 Indiana Code
Title 6. Taxation
Article 3.1. State Tax Liability Credits
Chapter 2. Teacher Summer Employment Credits
6-3.1-2-6. Qualified position certificate; applications; determination of qualified position; issuance; maximum amount of credit; aggregate amount of credits

Sec. 6. (a) A taxpayer who seeks to obtain the credit provided by this chapter must file an application for a qualified position certificate for that year with the state board of education. The board shall prescribe the form and contents of the application.

(b) Upon receipt of an application filed under subsection (a), the state board of education shall determine whether the position in question is a qualified position. The board shall also determine the amount of compensation that the taxpayer intends to pay to the eligible teacher in the qualified position during the school summer recess, or the parts of the school summer recesses that fall within the taxable year with respect to which the taxpayer is applying for a certificate. If the board approves the application, it shall issue a qualified position certificate to the taxpayer for the taxable year. The certificate shall indicate the maximum amount of credit to which the taxpayer is entitled for the taxable year under this chapter with respect to the eligible teacher. That amount is the lesser of:

The taxpayer shall attach the certificate to the income tax return that is filed for the taxable year for which the credit is claimed.

(c) The state board of education shall record the time of filing of each application for a qualified position certificate, and shall approve the applications, if they otherwise qualify, in the chronological order in which they are filed. However, the board may not approve any application in a state fiscal year if the aggregate amount of allowable credits indicated on qualified position certificates issued in the fiscal year exceeds five hundred thousand dollars ($500,000).

As added by P.L.51-1984, SEC.1. Amended by P.L.20-1984, SEC.6.