Ohio Revised Code
Chapter 5729 | Foreign Insurance Companies
Section 5729.98 | Order of Claims for Tax Credits and Offsets.

Effective: March 27, 2020
Latest Legislation: House Bill 197, Senate Bill 39 - 133rd General Assembly
(A) To provide a uniform procedure for calculating the amount of tax due under this chapter, a taxpayer shall claim any credits and offsets against tax liability to which it is entitled in the following order:
The credit for an insurance company or insurance company group under section 5729.031 of the Revised Code;
The credit for eligible employee training costs under section 5729.07 of the Revised Code;
The credit for purchases of qualified low-income community investments under section 5729.16 of the Revised Code;
The nonrefundable job retention credit under division (B) of section 122.171 of the Revised Code;
The nonrefundable credit for investments in rural business growth funds under section 122.152 of the Revised Code;
The nonrefundable credit for contributing capital to a transformational mixed use development project under section 5729.18 of the Revised Code;
The offset of assessments by the Ohio life and health insurance guaranty association against tax liability permitted by section 3956.20 of the Revised Code;
The refundable credit for rehabilitating a historic building under section 5729.17 of the Revised Code;
The refundable credit for Ohio job retention under former division (B)(2) or (3) of section 122.171 of the Revised Code as those divisions existed before September 29, 2015, the effective date of the amendment of this section by H.B. 64 of the 131st general assembly;
The refundable credit for Ohio job creation under section 5729.032 of the Revised Code;
The refundable credit under section 5729.08 of the Revised Code for losses on loans made under the Ohio venture capital program under sections 150.01 to 150.10 of the Revised Code.
(B) For any credit except the refundable credits enumerated in this section, the amount of the credit for a taxable year shall not exceed the tax due after allowing for any other credit that precedes it in the order required under this section. Any excess amount of a particular credit may be carried forward if authorized under the section creating that credit. Nothing in this chapter shall be construed to allow a taxpayer to claim, directly or indirectly, a credit more than once for a taxable year.
The Legislative Service Commission presents the text of this section as a composite of the section as amended by multiple acts of the General Assembly. This presentation recognizes the principle stated in R.C. 1.52(B) that amendments are to be harmonized if reasonably capable of simultaneous operation.

Structure Ohio Revised Code

Ohio Revised Code

Title 57 | Taxation

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 5729.10 | Revocation of License for Failure to Pay Tax or Make Report - Action to Recover Taxes - Report on Ceasing to Do Business.

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 5729.16 | Nonrefundable Credit for Foreign Insurance Company Holding a Qualified Equity Investment.

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.