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To amend sections 5747.08 and 5747.98 and to enact | 1 |
sections 3313.94 and 5747.64 of the Revised Code | 2 |
to authorize a board of education or governing | 3 |
authority of a school to enter into an agreement | 4 |
with a volunteer who is a current or retired law | 5 |
enforcement officer to patrol school premises to | 6 |
prevent or respond to a mass casualty event, to | 7 |
generally provide to a board of education or | 8 |
governing authority of a school and to such a | 9 |
volunteer immunity from civil liability for | 10 |
injury, death, or loss arising from the | 11 |
volunteer's services, and to provide a tax credit | 12 |
for volunteer service. | 13 |
Section 1. That sections 5747.08 and 5747.98 be amended and | 14 |
sections 3313.94 and 5747.64 of the Revised Code be enacted to | 15 |
read as follows: | 16 |
Sec. 3313.94. (A) As used in this section: | 17 |
(1) "Board of education" means the board of education or | 18 |
governing authority of a school. | 19 |
(2) "In good standing" means currently employed, not on | 20 |
probation, and not the subject of a pending criminal disciplinary | 21 |
action or of a criminal or disciplinary action within the past | 22 |
five years that resulted in an adverse judgment or determination. | 23 |
(3) "Law enforcement officer" and "school" have the same | 24 |
meanings as in section 5747.64 of the Revised Code. | 25 |
(4) "Retired law enforcement officer" means a person who | 26 |
served as a law enforcement officer and retired from service with | 27 |
a law enforcement agency in good standing. | 28 |
(B) The sheriff of each county shall maintain a list of | 29 |
persons available to patrol school premises on a volunteer basis. | 30 |
To qualify for inclusion on the list, a person shall be a current | 31 |
law enforcement officer in good standing or a retired law | 32 |
enforcement officer with a current firearms certification issued | 33 |
under section 109.77 of the Revised Code and a current concealed | 34 |
carry license issued under section 2923.125 of the Revised Code. | 35 |
Before including a person on the list, the sheriff shall verify | 36 |
that the person is qualified. In the case of a retired law | 37 |
enforcement officer, verification shall include a criminal records | 38 |
check of the type required for a school district employee under | 39 |
section 3319.391 of the Revised Code. The sheriff shall exclude | 40 |
from the list any person who would be disqualified from employment | 41 |
under section 3319.391 of the Revised Code. The prospective | 42 |
volunteer shall pay the cost of the criminal records check. The | 43 |
sheriff shall require each volunteer on the list who is not a | 44 |
current law enforcement officer in good standing, as a condition | 45 |
of remaining on the list, to undergo a criminal records check | 46 |
every five years. Upon request of a board of education of a school | 47 |
whose premises are located wholly or partially within the county, | 48 |
the sheriff shall provide a paper or electronic copy of the list | 49 |
to the board. | 50 |
(C) A board of education that wishes to use the services of a | 51 |
volunteer on the list prepared under division (B) of this section | 52 |
may request a copy of the list from the sheriff. The board may | 53 |
enter into an agreement with a volunteer to patrol school premises | 54 |
for the sole purpose of preventing or responding to a mass | 55 |
casualty event connected with illegal activity. If the volunteer | 56 |
is currently employed as a law enforcement officer, the volunteer | 57 |
shall obtain the permission of the volunteer's employer before | 58 |
entering into an agreement under this division. An agreement may | 59 |
include provisions relating to additional training, uniforms, or | 60 |
other matters that the board considers appropriate. A volunteer | 61 |
shall spend not more than nine hours of any week engaged in | 62 |
volunteer activities pursuant to this section. The board may | 63 |
reimburse the volunteer for the cost of a criminal records check. | 64 |
(D) A school district, member of a school district board of | 65 |
education, governing authority of a school, member of a governing | 66 |
authority of a school, and volunteer under this section are not | 67 |
liable in damages in a civil action for injury, death, or loss to | 68 |
person or property allegedly arising from the volunteer's | 69 |
performance of services under this section unless the injury, | 70 |
death, or loss resulted from the volunteer's reckless or wanton | 71 |
conduct. | 72 |
Sec. 5747.08. An annual return with respect to the tax | 73 |
imposed by section 5747.02 of the Revised Code and each tax | 74 |
imposed under Chapter 5748. of the Revised Code shall be made by | 75 |
every taxpayer for any taxable year for which the taxpayer is | 76 |
liable for the tax imposed by that section or under that chapter, | 77 |
unless the total credits allowed under divisions (E), (F), and (G) | 78 |
of section 5747.05 of the Revised Code for the year are equal to | 79 |
or exceed the tax imposed by section 5747.02 of the Revised Code, | 80 |
in which case no return shall be required unless the taxpayer is | 81 |
liable for a tax imposed pursuant to Chapter 5748. of the Revised | 82 |
Code. | 83 |
(A) If an individual is deceased, any return or notice | 84 |
required of that individual under this chapter shall be made and | 85 |
filed by that decedent's executor, administrator, or other person | 86 |
charged with the property of that decedent. | 87 |
(B) If an individual is unable to make a return or notice | 88 |
required by this chapter, the return or notice required of that | 89 |
individual shall be made and filed by the individual's duly | 90 |
authorized agent, guardian, conservator, fiduciary, or other | 91 |
person charged with the care of the person or property of that | 92 |
individual. | 93 |
(C) Returns or notices required of an estate or a trust shall | 94 |
be made and filed by the fiduciary of the estate or trust. | 95 |
(D)(1)(a) Except as otherwise provided in division (D)(1)(b) | 96 |
of this section, any pass-through entity may file a single return | 97 |
on behalf of one or more of the entity's investors other than an | 98 |
investor that is a person subject to the tax imposed under section | 99 |
5733.06 of the Revised Code. The single return shall set forth the | 100 |
name, address, and social security number or other identifying | 101 |
number of each of those pass-through entity investors and shall | 102 |
indicate the distributive share of each of those pass-through | 103 |
entity investor's income taxable in this state in accordance with | 104 |
sections 5747.20 to 5747.231 of the Revised Code. Such | 105 |
pass-through entity investors for whom the pass-through entity | 106 |
elects to file a single return are not entitled to the exemption | 107 |
or credit provided for by sections 5747.02 and 5747.022 of the | 108 |
Revised Code; shall calculate the tax before business credits at | 109 |
the highest rate of tax set forth in section 5747.02 of the | 110 |
Revised Code for the taxable year for which the return is filed; | 111 |
and are entitled to only their distributive share of the business | 112 |
credits as defined in division (D)(2) of this section. A single | 113 |
check drawn by the pass-through entity shall accompany the return | 114 |
in full payment of the tax due, as shown on the single return, for | 115 |
such investors, other than investors who are persons subject to | 116 |
the tax imposed under section 5733.06 of the Revised Code. | 117 |
(b)(i) A pass-through entity shall not include in such a | 118 |
single return any investor that is a trust to the extent that any | 119 |
direct or indirect current, future, or contingent beneficiary of | 120 |
the trust is a person subject to the tax imposed under section | 121 |
5733.06 of the Revised Code. | 122 |
(ii) A pass-through entity shall not include in such a single | 123 |
return any investor that is itself a pass-through entity to the | 124 |
extent that any direct or indirect investor in the second | 125 |
pass-through entity is a person subject to the tax imposed under | 126 |
section 5733.06 of the Revised Code. | 127 |
(c) Nothing in division (D) of this section precludes the tax | 128 |
commissioner from requiring such investors to file the return and | 129 |
make the payment of taxes and related interest, penalty, and | 130 |
interest penalty required by this section or section 5747.02, | 131 |
5747.09, or 5747.15 of the Revised Code. Nothing in division (D) | 132 |
of this section shall be construed to provide to such an investor | 133 |
or pass-through entity any additional deduction or credit, other | 134 |
than the credit provided by division (J) of this section, solely | 135 |
on account of the entity's filing a return in accordance with this | 136 |
section. Such a pass-through entity also shall make the filing and | 137 |
payment of estimated taxes on behalf of the pass-through entity | 138 |
investors other than an investor that is a person subject to the | 139 |
tax imposed under section 5733.06 of the Revised Code. | 140 |
(2) For the purposes of this section, "business credits" | 141 |
means the credits listed in section 5747.98 of the Revised Code | 142 |
excluding the following credits: | 143 |
(a) The retirement credit under division (B) of section | 144 |
5747.055 of the Revised Code; | 145 |
(b) The senior citizen credit under division (C) of section | 146 |
5747.05 of the Revised Code; | 147 |
(c) The lump sum distribution credit under division (D) of | 148 |
section 5747.05 of the Revised Code; | 149 |
(d) The dependent care credit under section 5747.054 of the | 150 |
Revised Code; | 151 |
(e) The lump sum retirement income credit under division (C) | 152 |
of section 5747.055 of the Revised Code; | 153 |
(f) The lump sum retirement income credit under division (D) | 154 |
of section 5747.055 of the Revised Code; | 155 |
(g) The lump sum retirement income credit under division (E) | 156 |
of section 5747.055 of the Revised Code; | 157 |
(h) The credit for displaced workers who pay for job training | 158 |
under section 5747.27 of the Revised Code; | 159 |
(i) The twenty-dollar personal exemption credit under section | 160 |
5747.022 of the Revised Code; | 161 |
(j) The joint filing credit under division (G) of section | 162 |
5747.05 of the Revised Code; | 163 |
(k) The nonresident credit under division (A) of section | 164 |
5747.05 of the Revised Code; | 165 |
(l) The credit for a resident's out-of-state income under | 166 |
division (B) of section 5747.05 of the Revised Code; | 167 |
(m) The low-income credit under section 5747.056 of the | 168 |
Revised Code; | 169 |
(n) The credit for law enforcement officer school volunteers | 170 |
or retired law enforcement officer school volunteers under section | 171 |
5747.64 of the Revised Code. | 172 |
(3) The election provided for under division (D) of this | 173 |
section applies only to the taxable year for which the election is | 174 |
made by the pass-through entity. Unless the tax commissioner | 175 |
provides otherwise, this election, once made, is binding and | 176 |
irrevocable for the taxable year for which the election is made. | 177 |
Nothing in this division shall be construed to provide for any | 178 |
deduction or credit that would not be allowable if a nonresident | 179 |
pass-through entity investor were to file an annual return. | 180 |
(4) If a pass-through entity makes the election provided for | 181 |
under division (D) of this section, the pass-through entity shall | 182 |
be liable for any additional taxes, interest, interest penalty, or | 183 |
penalties imposed by this chapter if the tax commissioner finds | 184 |
that the single return does not reflect the correct tax due by the | 185 |
pass-through entity investors covered by that return. Nothing in | 186 |
this division shall be construed to limit or alter the liability, | 187 |
if any, imposed on pass-through entity investors for unpaid or | 188 |
underpaid taxes, interest, interest penalty, or penalties as a | 189 |
result of the pass-through entity's making the election provided | 190 |
for under division (D) of this section. For the purposes of | 191 |
division (D) of this section, "correct tax due" means the tax that | 192 |
would have been paid by the pass-through entity had the single | 193 |
return been filed in a manner reflecting the commissioner's | 194 |
findings. Nothing in division (D) of this section shall be | 195 |
construed to make or hold a pass-through entity liable for tax | 196 |
attributable to a pass-through entity investor's income from a | 197 |
source other than the pass-through entity electing to file the | 198 |
single return. | 199 |
(E) If a husband and wife file a joint federal income tax | 200 |
return for a taxable year, they shall file a joint return under | 201 |
this section for that taxable year, and their liabilities are | 202 |
joint and several, but, if the federal income tax liability of | 203 |
either spouse is determined on a separate federal income tax | 204 |
return, they shall file separate returns under this section. | 205 |
If either spouse is not required to file a federal income tax | 206 |
return and either or both are required to file a return pursuant | 207 |
to this chapter, they may elect to file separate or joint returns, | 208 |
and, pursuant to that election, their liabilities are separate or | 209 |
joint and several. If a husband and wife file separate returns | 210 |
pursuant to this chapter, each must claim the taxpayer's own | 211 |
exemption, but not both, as authorized under section 5747.02 of | 212 |
the Revised Code on the taxpayer's own return. | 213 |
(F) Each return or notice required to be filed under this | 214 |
section shall contain the signature of the taxpayer or the | 215 |
taxpayer's duly authorized agent and of the person who prepared | 216 |
the return for the taxpayer, and shall include the taxpayer's | 217 |
social security number. Each return shall be verified by a | 218 |
declaration under the penalties of perjury. The tax commissioner | 219 |
shall prescribe the form that the signature and declaration shall | 220 |
take. | 221 |
(G) Each return or notice required to be filed under this | 222 |
section shall be made and filed as required by section 5747.04 of | 223 |
the Revised Code, on or before the fifteenth day of April of each | 224 |
year, on forms that the tax commissioner shall prescribe, together | 225 |
with remittance made payable to the treasurer of state in the | 226 |
combined amount of the state and all school district income taxes | 227 |
shown to be due on the form, unless the combined amount shown to | 228 |
be due is one dollar or less, in which case that amount need not | 229 |
be remitted. | 230 |
Upon good cause shown, the commissioner may extend the period | 231 |
for filing any notice or return required to be filed under this | 232 |
section and may adopt rules relating to extensions. If the | 233 |
extension results in an extension of time for the payment of any | 234 |
state or school district income tax liability with respect to | 235 |
which the return is filed, the taxpayer shall pay at the time the | 236 |
tax liability is paid an amount of interest computed at the rate | 237 |
per annum prescribed by section 5703.47 of the Revised Code on | 238 |
that liability from the time that payment is due without extension | 239 |
to the time of actual payment. Except as provided in section | 240 |
5747.132 of the Revised Code, in addition to all other interest | 241 |
charges and penalties, all taxes imposed under this chapter or | 242 |
Chapter 5748. of the Revised Code and remaining unpaid after they | 243 |
become due, except combined amounts due of one dollar or less, | 244 |
bear interest at the rate per annum prescribed by section 5703.47 | 245 |
of the Revised Code until paid or until the day an assessment is | 246 |
issued under section 5747.13 of the Revised Code, whichever occurs | 247 |
first. | 248 |
If the commissioner considers it necessary in order to ensure | 249 |
the payment of the tax imposed by section 5747.02 of the Revised | 250 |
Code or any tax imposed under Chapter 5748. of the Revised Code, | 251 |
the commissioner may require returns and payments to be made | 252 |
otherwise than as provided in this section. | 253 |
To the extent that any provision in this division conflicts | 254 |
with any provision in section 5747.026 of the Revised Code, the | 255 |
provision in that section prevails. | 256 |
(H) If any report, claim, statement, or other document | 257 |
required to be filed, or any payment required to be made, within a | 258 |
prescribed period or on or before a prescribed date under this | 259 |
chapter is delivered after that period or that date by United | 260 |
States mail to the agency, officer, or office with which the | 261 |
report, claim, statement, or other document is required to be | 262 |
filed, or to which the payment is required to be made, the date of | 263 |
the postmark stamped on the cover in which the report, claim, | 264 |
statement, or other document, or payment is mailed shall be deemed | 265 |
to be the date of delivery or the date of payment. | 266 |
If a payment is required to be made by electronic funds | 267 |
transfer pursuant to section 5747.072 of the Revised Code, the | 268 |
payment is considered to be made when the payment is received by | 269 |
the treasurer of state or credited to an account designated by the | 270 |
treasurer of state for the receipt of tax payments. | 271 |
"The date of the postmark" means, in the event there is more | 272 |
than one date on the cover, the earliest date imprinted on the | 273 |
cover by the United States postal service. | 274 |
(I) The amounts withheld by an employer pursuant to section | 275 |
5747.06 of the Revised Code, a casino operator pursuant to section | 276 |
5747.063 of the Revised Code, or a lottery sales agent pursuant to | 277 |
section 5747.064 of the Revised Code shall be allowed to the | 278 |
recipient of the compensation casino winnings, or lottery prize | 279 |
award as credits against payment of the appropriate taxes imposed | 280 |
on the recipient by section 5747.02 and under Chapter 5748. of the | 281 |
Revised Code. | 282 |
(J) If, in accordance with division (D) of this section, a | 283 |
pass-through entity elects to file a single return and if any | 284 |
investor is required to file the return and make the payment of | 285 |
taxes required by this chapter on account of the investor's other | 286 |
income that is not included in a single return filed by a | 287 |
pass-through entity, the investor is entitled to a refundable | 288 |
credit equal to the investor's proportionate share of the tax paid | 289 |
by the pass-through entity on behalf of the investor. The investor | 290 |
shall claim the credit for the investor's taxable year in which or | 291 |
with which ends the taxable year of the pass-through entity. | 292 |
Nothing in this chapter shall be construed to allow any credit | 293 |
provided in this chapter to be claimed more than once. For the | 294 |
purposes of computing any interest, penalty, or interest penalty, | 295 |
the investor shall be deemed to have paid the refundable credit | 296 |
provided by this division on the day that the pass-through entity | 297 |
paid the estimated tax or the tax giving rise to the credit. | 298 |
(K) The tax commissioner shall ensure that each return | 299 |
required to be filed under this section includes a box that the | 300 |
taxpayer may check to authorize a paid tax preparer who prepared | 301 |
the return to communicate with the department of taxation about | 302 |
matters pertaining to the return. The return or instructions | 303 |
accompanying the return shall indicate that by checking the box | 304 |
the taxpayer authorizes the department of taxation to contact the | 305 |
preparer concerning questions that arise during the processing of | 306 |
the return and authorizes the preparer only to provide the | 307 |
department with information that is missing from the return, to | 308 |
contact the department for information about the processing of the | 309 |
return or the status of the taxpayer's refund or payments, and to | 310 |
respond to notices about mathematical errors, offsets, or return | 311 |
preparation that the taxpayer has received from the department and | 312 |
has shown to the preparer. | 313 |
(L) The tax commissioner shall permit individual taxpayers to | 314 |
instruct the department of taxation to cause any refund of | 315 |
overpaid taxes to be deposited directly into a checking account, | 316 |
savings account, or an individual retirement account or individual | 317 |
retirement annuity, or preexisting college savings plan or program | 318 |
account offered by the Ohio tuition trust authority under Chapter | 319 |
3334. of the Revised Code, as designated by the taxpayer, when the | 320 |
taxpayer files the annual return required by this section | 321 |
electronically. | 322 |
(M) The tax commissioner may adopt rules to administer this | 323 |
section. | 324 |
Sec. 5747.64. (A) As used in this section: | 325 |
(1) "Law enforcement officer" means a sheriff, deputy | 326 |
sheriff, constable, police officer of a township or joint police | 327 |
district, marshal, deputy marshal, municipal police officer, or | 328 |
state highway patrol trooper. | 329 |
(2) "School" means a public or nonpublic school. "School" | 330 |
excludes home instruction as authorized under section 3321.04 of | 331 |
the Revised Code. | 332 |
(3) "Public school" includes schools of a school district, | 333 |
STEM schools established under Chapter 3326. of the Revised Code, | 334 |
and community schools established under Chapter 3314. of the | 335 |
Revised Code. | 336 |
(4) "Nonpublic school" means a nonpublic school for which the | 337 |
state board of education has issued a charter pursuant to section | 338 |
3301.16 of the Revised Code and prescribes minimum standards under | 339 |
division (D)(2) of section 3301.07 of the Revised Code. | 340 |
(B) There is hereby allowed a nonrefundable credit against | 341 |
the tax imposed by section 5747.02 of the Revised Code for a | 342 |
taxpayer who is a law enforcement officer or retired law | 343 |
enforcement officer and who provides safety and security services | 344 |
in a school under section 3313.94 of the Revised Code without | 345 |
receiving compensation. The amount of the credit equals two | 346 |
dollars for each hour or part of an hour that the law enforcement | 347 |
officer or retired law enforcement officer provides such services, | 348 |
but the credit amount claimed by the officer shall not exceed five | 349 |
hundred dollars for any taxable year, not including any amount of | 350 |
credit carried forward from a prior year. | 351 |
The law enforcement officer or retired law enforcement | 352 |
officer shall claim the credit in the order required by section | 353 |
5747.98 of the Revised Code for the taxable year in which the | 354 |
officer provides such services. Any credit amount in excess of the | 355 |
tax due under section 5747.02 of the Revised Code, after allowing | 356 |
for any other credits preceding the credit in that order, may be | 357 |
carried forward for three taxable years, but the amount of the | 358 |
excess credit allowed in any such year shall be deducted from the | 359 |
balance carried forward to the next year. | 360 |
The tax commissioner may request that a law enforcement | 361 |
officer or retired law enforcement officer claiming a credit under | 362 |
this section furnish information as is necessary to support the | 363 |
claim for the credit under this section, and no credit shall be | 364 |
allowed unless the requested information is provided. | 365 |
Sec. 5747.98. (A) To provide a uniform procedure for | 366 |
calculating the amount of tax due under section 5747.02 of the | 367 |
Revised Code, a taxpayer shall claim any credits to which the | 368 |
taxpayer is entitled in the following order: | 369 |
(1) The retirement income credit under division (B) of | 370 |
section 5747.055 of the Revised Code; | 371 |
(2) The senior citizen credit under division (C) of section | 372 |
5747.05 of the Revised Code; | 373 |
(3) The lump sum distribution credit under division (D) of | 374 |
section 5747.05 of the Revised Code; | 375 |
(4) The dependent care credit under section 5747.054 of the | 376 |
Revised Code; | 377 |
(5) The lump sum retirement income credit under division (C) | 378 |
of section 5747.055 of the Revised Code; | 379 |
(6) The lump sum retirement income credit under division (D) | 380 |
of section 5747.055 of the Revised Code; | 381 |
(7) The lump sum retirement income credit under division (E) | 382 |
of section 5747.055 of the Revised Code; | 383 |
(8) The low-income credit under section 5747.056 of the | 384 |
Revised Code; | 385 |
(9) The credit for displaced workers who pay for job training | 386 |
under section 5747.27 of the Revised Code; | 387 |
(10) The campaign contribution credit under section 5747.29 | 388 |
of the Revised Code; | 389 |
(11) The twenty-dollar personal exemption credit under | 390 |
section 5747.022 of the Revised Code; | 391 |
(12) The joint filing credit under division (G) of section | 392 |
5747.05 of the Revised Code; | 393 |
(13) The nonresident credit under division (A) of section | 394 |
5747.05 of the Revised Code; | 395 |
(14) The credit for a resident's out-of-state income under | 396 |
division (B) of section 5747.05 of the Revised Code; | 397 |
(15) The credit for employers that enter into agreements with | 398 |
child day-care centers under section 5747.34 of the Revised Code; | 399 |
(16) The credit for employers that reimburse employee child | 400 |
care expenses under section 5747.36 of the Revised Code; | 401 |
(17) The credit for adoption of a minor child under section | 402 |
5747.37 of the Revised Code; | 403 |
(18) The credit for purchases of lights and reflectors under | 404 |
section 5747.38 of the Revised Code; | 405 |
(19) The nonrefundable job retention credit under division | 406 |
(B) of section 5747.058 of the Revised Code; | 407 |
(20) The credit for selling alternative fuel under section | 408 |
5747.77 of the Revised Code; | 409 |
(21) The second credit for purchases of new manufacturing | 410 |
machinery and equipment and the credit for using Ohio coal under | 411 |
section 5747.31 of the Revised Code; | 412 |
(22) The job training credit under section 5747.39 of the | 413 |
Revised Code; | 414 |
(23) The enterprise zone credit under section 5709.66 of the | 415 |
Revised Code; | 416 |
(24) The credit for the eligible costs associated with a | 417 |
voluntary action under section 5747.32 of the Revised Code; | 418 |
(25) The credit for employers that establish on-site child | 419 |
day-care centers under section 5747.35 of the Revised Code; | 420 |
(26) The ethanol plant investment credit under section | 421 |
5747.75 of the Revised Code; | 422 |
(27) The nonrefundable credit for law enforcement officer | 423 |
school volunteers or retired law enforcement officer school | 424 |
volunteers under section 5747.64 of the Revised Code; | 425 |
(28) The credit for purchases of qualifying grape production | 426 |
property under section 5747.28 of the Revised Code; | 427 |
| 428 |
5747.81 of the Revised Code; | 429 |
| 430 |
technology transfer investors under section 5747.33 of the Revised | 431 |
Code; | 432 |
| 433 |
the Revised Code; | 434 |
| 435 |
5747.331 of the Revised Code; | 436 |
| 437 |
under section 5747.76 of the Revised Code; | 438 |
| 439 |
building under section 5747.76 of the Revised Code; | 440 |
| 441 |
credit under division (A) of section 5747.058 of the Revised Code; | 442 |
| 443 |
entity granted under section 5747.059 of the Revised Code; | 444 |
| 445 |
qualifying pass-through entity granted under division (J) of | 446 |
section 5747.08 of the Revised Code; | 447 |
| 448 |
Revised Code for losses on loans made to the Ohio venture capital | 449 |
program under sections 150.01 to 150.10 of the Revised Code; | 450 |
| 451 |
under section 5747.66 of the Revised Code | 452 |
| 453 |
taxes paid by a pass-through entity granted under section 5747.65 | 454 |
of the Revised Code. | 455 |
(B) For any credit, except the refundable credits enumerated | 456 |
in this section and the credit granted under division (I) of | 457 |
section 5747.08 of the Revised Code, the amount of the credit for | 458 |
a taxable year shall not exceed the tax due after allowing for any | 459 |
other credit that precedes it in the order required under this | 460 |
section. Any excess amount of a particular credit may be carried | 461 |
forward if authorized under the section creating that credit. | 462 |
Nothing in this chapter shall be construed to allow a taxpayer to | 463 |
claim, directly or indirectly, a credit more than once for a | 464 |
taxable year. | 465 |
Section 2. That existing sections 5747.08 and 5747.98 of the | 466 |
Revised Code are hereby repealed. | 467 |
Section 3. The amendment or enactment by this act of sections | 468 |
5747.08, 5747.64, and 5747.98 of the Revised Code applies to | 469 |
taxable years ending on or after the effective date of this act. | 470 |
Section 4. Section 5747.98 of the Revised Code is presented | 471 |
in this act as a composite of the section as amended by both Am. | 472 |
Sub. H.B. 386 and Am. Sub. H.B. 510 of the 129th General Assembly. | 473 |
The General Assembly, applying the principle stated in division | 474 |
(B) of section 1.52 of the Revised Code that amendments are to be | 475 |
harmonized if reasonably capable of simultaneous operation, finds | 476 |
that the composite is the resulting version of the section in | 477 |
effect prior to the effective date of the section as presented in | 478 |
this act. | 479 |