Sec. 5. (a) As used in this chapter, "incremental income tax withholdings" means either:
(1) the total amount withheld under IC 6-3-4-8 by the taxpayer during the taxable year from the compensation of new employees; or
(2) the sum of:
(A) the total amount withheld under IC 6-3-4-8 by the taxpayer during the taxable year from the compensation of new employees; plus
(B) the additional amount that would have been withheld under IC 6-3-4-8 by the taxpayer during the taxable year from the compensation of new employees as if the new Indiana nonresident employees had been Indiana residents;
as determined by the corporation.
(b) The term does not include any amount withheld from an individual or an additional amount described in subsection (a)(2) for an individual for services provided in Indiana as an employee, if the:
(1) individual was, during the period of service, prohibited from being hired as an employee under 8 U.S.C. 1324a; and
(2) taxpayer was not enrolled and participating 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.
As added by P.L.41-1994, SEC.1. Amended by P.L.171-2011, SEC.5; P.L.158-2019, SEC.11.
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