Sec. 18. (a) The corporation shall determine the amount and duration of a tax credit awarded under this chapter. The duration of the credit may not exceed twenty (20) taxable years. The credit may be stated as a percentage of the incremental income tax withholdings attributable to the applicant's project and may include a fixed dollar limitation. In the case of a credit awarded for a project to create new jobs in Indiana, the credit amount may not exceed the incremental income tax withholdings. However, the credit amount claimed for a taxable year may exceed the taxpayer's state tax liability for the taxable year, in which case the excess may, at the discretion of the corporation, be refunded to the taxpayer.
(b) This subsection does not apply to a business that was enrolled and participated in the E-Verify program (as defined in IC 22-5-1.7-3) during the time the taxpayer conducted business in Indiana in the taxable year. A credit under this chapter may not be computed on any amount withheld from an individual or paid to an individual for services provided in Indiana as an employee, if the individual was, during the period of service, prohibited from being hired as an employee under 8 U.S.C. 1324a.
As added by P.L.41-1994, SEC.1. Amended by P.L.178-2002, SEC.47; P.L.4-2005, SEC.75; P.L.197-2005, SEC.7; P.L.137-2006, SEC.5; P.L.171-2011, SEC.6; P.L.213-2015, SEC.84; P.L.86-2018, SEC.73; P.L.135-2022, SEC.8.
Structure Indiana Code
Article 3.1. State Tax Liability Credits
Chapter 13. Economic Development for a Growing Economy Tax Credit
6-3.1-13-4. "Full-Time Employee"
6-3.1-13-5. "Incremental Income Tax Withholdings"
6-3.1-13-5.5. "Naics Industry Sector"
6-3.1-13-7. "Pass Through Entity"
6-3.1-13-9. "State Tax Liability"
6-3.1-13-11. Credit Against State Tax Liability
6-3.1-13-13. Purposes for Which Credit May Be Awarded; Years for Which Credit Claimed
6-3.1-13-14. Application to Enter Into Agreement for Tax Credit
6-3.1-13-15. Agreement for Tax Credit With Respect to New Job Creation; Conditions
6-3.1-13-15.5. Agreement for Tax Credit With Respect to Job Retention; Conditions
6-3.1-13-16. Relocation of Jobs From One Site to Another Within State; Credit Prohibited
6-3.1-13-19. Agreement for Tax Credit With Respect to Job Creation; Requirements
6-3.1-13-19.5. Agreement for Tax Credit With Respect to Job Retention; Requirements
6-3.1-13-22. Noncompliance With Agreement; Assessments
6-3.1-13-24. Biennial Evaluation by Indiana Economic Development Corporation
6-3.1-13-25. Rules Adoption; Fees
6-3.1-13-26. Economic Development for a Growing Economy Fund; Use; Investments; Appropriations