Sec. 18. (a) Except as provided in subsection (b), if the corporation awards a tax credit to a taxpayer under this chapter that exceeds twenty million dollars ($20,000,000), the corporation shall include in an agreement entered into under section 17 of this chapter a provision that requires the taxpayer to repay to the corporation the portion of the credit that exceeds twenty million dollars ($20,000,000) with interest.
(b) Notwithstanding subsection (a), the corporation may exclude from its agreement entered into under section 17 of this chapter a repayment provision for any portion of the credit if the award is for a qualified redevelopment site subject to a proposal that will result in a qualified investment of at least one hundred million dollars ($100,000,000).
(c) If the corporation enters into an agreement with a taxpayer under section 17 of this chapter that includes a repayment provision under subsection (a), the corporation shall include in the repayment provision a provision establishing the interest rate that will be applied. The interest rate shall be determined by the board and approved by the budget agency.
(d) This subsection applies to an active multi-phased project occurring on a defined footprint for which the taxpayer has received approval for at least the first phase of the active multi-phased project from the corporation's board before July 1, 2018, for a tax credit under IC 6-3.1-11 (industrial recovery tax credit) before its expiration. The following apply to a project described in this subsection:
(1) Only qualified investments that are made after June 30, 2021, are eligible for a credit award under this chapter.
(2) The annual amount of credits awarded under this chapter for the project may not exceed five million dollars ($5,000,000).
(3) The corporation may not include a repayment provision as part of an agreement entered into under section 17 of this chapter for the credits awarded for the project.
As added by P.L.158-2019, SEC.29. Amended by P.L.135-2022, SEC.17.
Structure Indiana Code
Article 3.1. State Tax Liability Credits
Chapter 34. Redevelopment Tax Credit
6-3.1-34-3.5. "Mine Reclamation Site"
6-3.1-34-4. "Pass Through Entity"
6-3.1-34-5. "Placed in Service"
6-3.1-34-6. "Qualified Redevelopment Site"
6-3.1-34-7. "Qualified Investment"
6-3.1-34-9. "State Tax Liability"
6-3.1-34-11. Application; Amount of Credit; Pass Through Entity
6-3.1-34-12. Allocation of Credit Against Taxes Owed; Order; Computation
6-3.1-34-14. Credit Assignment
6-3.1-34-15. Requirements to Be Awarded a Credit
6-3.1-34-16. Factors Considered in Determining Whether to Award a Credit
6-3.1-34-18. Repayment Provisions
6-3.1-34-19. Procedure to Claim a Credit
6-3.1-34-20. Notice of Noncompliance; Assessment
6-3.1-34-21. Evaluation of the Performance of the Tax Credit Program; Report