Effective: September 29, 2015
Latest Legislation: House Bill 64 - 131st General Assembly
(A) Terms used in this section have the same meaning as in section 5725.33 of the Revised Code.
(B) There is hereby allowed a nonrefundable credit against the tax imposed by section 5729.03 or 5729.06 of the Revised Code for a foreign insurance company holding a qualified equity investment on the credit allowance date occurring in the calendar year for which the tax is due. The credit shall be computed in the same manner prescribed for the computation of credits allowed under section 5725.33 of the Revised Code.
The credit shall be claimed in the order prescribed by section 5729.98 of the Revised Code. If the amount of the credit exceeds the amount of tax otherwise due after deducting all other credits in that order, the excess may be carried forward and applied to the tax due for not more than four ensuing years.
By claiming a tax credit under this section, an insurance company waives its rights under section 5729.102 of the Revised Code with respect to the time limitation for the assessment of taxes as it relates to credits claimed that later become subject to recapture under division (D) of this section.
(C) The total amount of qualified equity investments on the basis of which credits may be claimed under this section, section 5725.33, and section 5733.58 of the Revised Code is subject to the limitation of division (C) of section 5725.33 of the Revised Code.
(D) If any amount of a federal tax credit allowed for a qualified equity investment for which a credit was received under this section is recaptured under section 45D of the Internal Revenue Code, or if the director of development services determines that an investment for which a tax credit is claimed under this section is not a qualified equity investment or that the proceeds of an investment for which a tax credit is claimed under this section are used to make qualified low-income community investments other than in a qualified active low-income community business in this state, all or a portion of the credit received on account of that investment shall be paid by the insurance company that received the credit to the superintendent of insurance. The amount to be recovered shall be determined by the director of development services pursuant to rules adopted under section 5725.33 of the Revised Code. The director shall certify any amount due under this division to the superintendent of insurance, and the superintendent shall notify the treasurer of state of the amount due. Upon notification, the treasurer shall invoice the insurance company for the amount due. The amount due is payable not later than thirty days after the date the treasurer invoices the insurance company. The amount due shall be considered to be tax due under section 5729.03 or 5729.06 of the Revised Code, as applicable, and may be collected by assessment without regard to the time limitations imposed under section 5729.102 of the Revised Code for the assessment of taxes by the superintendent. All amounts collected under this division shall be credited as revenue from the tax levied under section 5729.03 of the Revised Code.
Structure Ohio Revised Code
Chapter 5729 | Foreign Insurance Companies
Section 5729.01 | Return Premiums.
Section 5729.02 | Annual Statements of Foreign Insurance Companies.
Section 5729.03 | Computation and Collection of Tax.
Section 5729.031 | Credit Against Imposed Tax.
Section 5729.032 | Refundable Credit Against Tax on Foreign Insurance Company.
Section 5729.04 | Gross Premiums of Mutual and Stock Insurance Companies.
Section 5729.05 | Payment of Tax - Due Date - Refund.
Section 5729.06 | Retaliatory Tax Rate.
Section 5729.07 | Eligible Employee Training Costs Tax Credit.
Section 5729.08 | Issuance of Tax Credits by Ohio Venture Capital Authority.
Section 5729.09 | Annual Report Required of Chief Officer.
Section 5729.101 | Late Returns - Computation and Accrual of Interest.
Section 5729.102 | Application for Refund - Assessment of Deficiency.
Section 5729.11 | Penalty for Nonpayment of Taxes.
Section 5729.12 | Inspection of Books by Superintendent of Insurance.
Section 5729.13 | Revocation of Right to Do Business.
Section 5729.14 | Right to Deny Admission to Companies Which Violate Laws.
Section 5729.15 | Expenses of Inspection to Be Paid by Company.
Section 5729.17 | Tax Credit for Insurer That Owns a Rehabilitation Tax Credit Certificate.
Section 5729.18 | Transformational Mixed Use Development Tax Credit.
Section 5729.98 | Order of Claims for Tax Credits and Offsets.