Bill Text: OH HB135 | 2013-2014 | 130th General Assembly | Engrossed

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Bill Title: To authorize a nonrefundable credit against the income tax and certain business taxes for the rehabilitation of a vacant industrial site.

Spectrum: Slight Partisan Bill (Republican 49-30)

Status: (Engrossed - Dead) 2013-06-20 - To Ways & Means [HB135 Detail]

Download: Ohio-2013-HB135-Engrossed.html

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As Passed by the House

130th General Assembly Regular Session 2013-2014

Am. H. B. No. 135

Representatives Pelanda, Cera 

Cosponsors: Representatives Gonzales, Adams, J., Boose, Hackett, Fedor, Sprague, Burkley, Baker, Terhar, Adams, R., Amstutz, Anielski, Antonio, Ashford, Barborak, Barnes, Beck, Bishoff, Blair, Blessing, Boyce, Brown, Buchy, Budish, Celebrezze, Conditt, Curtin, Damschroder, Derickson, DeVitis, Dovilla, Driehaus, Duffey, Gerberry, Green, Grossman, Hagan, C., Hall, Hayes, Henne, Hill, Hottinger, Huffman, Johnson, Landis, Letson, Lundy, Lynch, Mallory, McClain, Milkovich, Patmon, Patterson, Pelanda, Perales, Phillips, Pillich, Ramos, Reece, Retherford, Rogers, Romanchuk, Rosenberger, Ruhl, Schuring, Sears, Slaby, Slesnick, Smith, Stebelton, Stinziano, Strahorn, Thompson, Wachtmann, Williams, Winburn, Young Speaker Batchelder 

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A BILL

To amend sections 5725.98, 5726.98, 5729.98, 5747.98,

1

and 5749.11 and to enact sections 122.177,

2

5725.35, 5726.58, 5729.18, 5747.78, 5749.18, and

3

5749.98 of the Revised Code to authorize a

4

nonrefundable credit against the income tax and

5

certain business taxes for the rehabilitation of a

6

vacant industrial site.

7

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 5725.98, 5726.98, 5729.98, 5747.98,	8
and 5749.11 be amended and sections 122.177, 5725.35, 5726.58,	9
5729.18, 5747.78, 5749.18, and 5749.98 of the Revised Code be	10
enacted to read as follows:	11

Sec. 122.177.  (A) As used in this section:

12

(1) "Vacant facility" means a building, a complex of	13
buildings, or the structural remains of a former building or	14
complex of buildings that meet all of the following criteria:	15

(a) The building or buildings were used, or designed and	16
constructed for use, in production, manufacturing, fabrication,	17
assembly, processing, refining, finishing, or warehousing of	18
tangible personal property, including tangible personal property	19
that is or was used for sale to third parties or for use by the	20
owner in the owner's business.	21

(b) The building or buildings were placed into service at	22
least fifteen years before the date of an application submitted	23
under division (B) of this section with respect to the building or	24
buildings.	25

(c) At least seventy-five per cent of the square footage of	26
the building or building complex has not been used to carry on	27
production, manufacturing, assembly, processing, refining,	28
finishing, or warehousing of tangible personal property during the	29
five years immediately preceding the date an application is	30
submitted under division (B) of this section with respect to the	31
building or building complex.	32

For the purposes of this section, a building or vacant	33
facility is considered to have been "placed into service" when at	34
least fifty per cent of the combined square footage of the	35
building or vacant facility has been occupied.	36

(2) "Vacant industrial site" means a vacant facility and the	37
parcel or parcels of real property upon which the vacant facility	38
is located. "Vacant industrial site" shall not include any parcel	39
that is subject to an administrative, civil, or criminal	40
environmental enforcement action or against which delinquent	41
taxes, interest, assessments, and penalties remain unpaid.	42

(3) "Qualified investment" means expenditures for the	43
rehabilitation of a vacant industrial site that has been	44
designated as an industrial recovery site by the development	45
services agency under division (C) of this section. "Qualified	46
investment" shall not include legal expenses, including any	47
expenses incurred by reason of an administrative, civil, or	48
criminal environmental enforcement action brought with respect to	49
the vacant industrial site.	50

(4) "Rehabilitation" means the remodeling, repair,	51
alteration, demolition, or redevelopment of a vacant industrial	52
site for the purpose of putting the site to a better or more	53
efficient use.	54

(B) Upon application by a county or municipal corporation,	55
the director of development services may designate a vacant	56
industrial site located within the municipal corporation or county	57
as an industrial recovery site. A municipal corporation may	58
request such a designation for a site located within the municipal	59
corporation, and a county may request such a designation for a	60
site located within the unincorporated territory of the county.	61

The application shall be in the form prescribed by the	62
director. In addition to any other information required by the	63
director, the application shall include both of the following:	64

(1) A detailed plan for the development and use of the vacant	65
industrial site;	66

(2) A copy of a resolution adopted by the legislative	67
authority of the municipal corporation or the board of county	68
commissioners recommending designation of the site as an	69
industrial recovery site.	70

(C) The director of development services shall review each	71
application submitted under this section. The director shall	72
determine whether, on the date the application was filed, the site	73
described in an application qualifies as a vacant industrial site.	74
If the site so qualifies, the director shall determine whether	75
designation of the site as an industrial recovery site is in the	76
best interests of the state. In making that determination, the	77
director shall consider the following factors:	78

(1) The level of distress caused by job losses in the	79
community surrounding the vacant industrial site;	80

(2) The desirability of the intended use of the vacant	81
industrial site, as described in the plan submitted by the	82
municipal corporation or county, and the likelihood that	83
implementation of the plan will improve economic and employment	84
conditions in the surrounding community;	85

(3) Evidence that the residents, businesses, and other	86
private organizations in the surrounding community support	87
designation of the site as an industrial recovery site;	88

(4) Whether the vacant industrial site is located in an	89
enterprise zone created under sections 5709.61 to 5709.69, a joint	90
economic development zone created under section 715.691, or a	91
joint economic development district created under section 715.70	92
or 715.71 or sections 715.72 to 715.81 of the Revised Code;	93

(5) Whether the vacant industrial site is exempt from	94
property taxation pursuant to a resolution or ordinance adopted	95
under section 5709.40, 5709.41, 5709.73, or 5709.78 of the Revised	96
Code;	97

(6) Evidence of a commitment by private or public entities to	98
provide financial assistance in implementing the plan submitted by	99
the municipal corporation or county;	100

(7) Evidence of efforts by the municipal corporation or	101
county to implement the proposed plan without additional financial	102
assistance from the state;	103

(8) Any other factor the director considers relevant to the	104
determination.	105

Upon consideration of the factors described in this division,	106
the director shall approve or deny the application for	107
designation. The director shall certify the decision to the	108
municipal corporation or county that requested the designation.	109

When the director designates a site as an industrial recovery	110
site, the director shall list the industrial recovery site on the	111
development services agency's web site.	112

(D) The designation of a site as an industrial recovery site	113
is contingent upon the development and use of the site in	114
accordance with the plan submitted by the municipal corporation or	115
county under division (B) of this section. If the director	116
determines that the development of a site has resulted in a	117
violation of this condition, the director shall revoke the	118
industrial recovery site designation.	119

(E)(1) An owner or developer of an industrial recovery site	120
that makes a qualified investment in the site may apply to the	121
director of development services for a tax credit certificate. The	122
director may require owners or developers to include with the	123
application a uniform fee of not more than two thousand five	124
hundred dollars. In addition to any other information required by	125
the director, the application shall state the amount of the	126
qualified investment.	127

The director shall review the application and determine	128
whether all of the following criteria are met:	129

(a) The qualified investment was made for the rehabilitation	130
of property located on an industrial recovery site designated as	131
such by the director pursuant to division (C) of this section.	132

(b) The applicant is the owner or developer of the industrial	133
recovery site.	134

(c) The qualified investment was made in accordance with the	135
development plan submitted by the municipal corporation or county	136
in which the industrial recovery site is located.	137

(d) The applicant made all or part of the qualified	138
investment at least six months before submitting the application.	139

(e) The municipal corporation or county in which the	140
industrial recovery site is located has certified that the	141
rehabilitation of the industrial recovery site is substantially	142
complete.	143

(2) If the director determines that an application meets the	144
criteria in divisions (E)(1)(a) to (d) of this section, the	145
director shall issue a tax credit certificate. The amount of the	146
tax credit certificate shall equal the product obtained by	147
multiplying the applicant's qualified investment by one of the	148
following percentages:	149

(a) Fifteen per cent if the vacant facility that is located	150
on the industrial recovery site was placed into service at least	151
fifteen, but less than thirty, years before the date of the tax	152
credit certificate application;	153

(b) Twenty per cent if the vacant facility that is located on	154
the industrial recovery site was placed into service at least	155
thirty, but less than forty, years before the date of the tax	156
credit certificate application;	157

(c) Twenty-five per cent if the vacant facility that is	158
located on the industrial recovery site was placed into service	159
forty or more years before the date of the tax credit certificate	160
application.	161

(3) The director shall not issue any tax credit certificate	162
under this section after the last day of the sixtieth month after	163
the effective date of the enactment of this section.	164

(F) The owner of a tax credit certificate issued under this	165
section may assign the certificate to any other person. The	166
assignee shall provide written notice of the assignment to the tax	167
commissioner and the director of development services, in such	168
form as the tax commissioner prescribes, before the certificate	169
that was assigned is applied against a tax. The assignor may not	170
use the certificate to claim a credit to the extent that the	171
certificate was assigned to the assignee. The assignee may use the	172
certificate to claim a credit only to the extent that the assignor	173
has not claimed a credit on the basis of that certificate.	174

(G) On or before the first day of April each year, the	175
director shall submit to the governor, the president of the	176
senate, and the speaker of the house of representatives a report	177
on the tax credit program established under this section. The	178
report shall include information on the status of the	179
rehabilitation of each industrial recovery site designated under	180
this section. The director shall not be required to submit an	181
annual report after the sixth year after the year in which this	182
section becomes effective.	183

(H) The director shall adopt any rules necessary to	184
administer this section. Such rules shall include criteria for	185
when a municipal corporation or county may certify that the	186
rehabilitation of an industrial recovery site is substantially	187
complete under division (E)(1) of this section.	188

Sec. 5725.35.  A nonrefundable credit is allowed against the	189
tax imposed under section 5725.18 of the Revised Code for an	190
insurance company that holds a tax credit certificate issued under	191
section 122.177 of the Revised Code. The credit shall equal the	192
dollar amount indicated on the certificate. The credit shall be	193
claimed in the calendar year specified on the certificate and in	194
the order required under section 5725.98 of the Revised Code. If	195
the amount of the credit exceeds the amount of tax otherwise due	196
under section 5725.18 of the Revised Code for the calendar year,	197
after allowing for any credits preceding the credit in the order	198
prescribed by section 5725.98 of the Revised Code, the insurance	199
company may carry forward the excess amount to subsequent calendar	200
years. The insurance company shall deduct the amount of the excess	201
credit allowed in any such year from the balance carried forward	202
to the next calendar year.	203

The insurance company shall make the tax credit certificate	204
available for inspection by the tax commissioner upon the request	205
of the tax commissioner.	206

Sec. 5725.98. (A) To provide a uniform procedure for	207
calculating the amount of tax imposed by section 5725.18 of the	208
Revised Code that is due under this chapter, a taxpayer shall	209
claim any credits and offsets against tax liability to which it is	210
entitled in the following order:	211

(1) The credit for an insurance company or insurance company	212
group under section 5729.031 of the Revised Code;	213

(2) The credit for eligible employee training costs under	214
section 5725.31 of the Revised Code;	215

(3) The credit for purchasers of qualified low-income	216
community investments under section 5725.33 of the Revised Code;	217

(4) The nonrefundable job retention credit under division	218
(B)(1) of section 122.171 of the Revised Code;	219

(5) The nonrefundable credit for rehabilitating a vacant	220
industrial site under section 5725.35 of the Revised Code;	221

(6) The offset of assessments by the Ohio life and health	222
insurance guaranty association permitted by section 3956.20 of the	223
Revised Code;	224

(6)(7) The refundable credit for rehabilitating a historic	225
building under section 5725.34 of the Revised Code.	226

(7)(8) The refundable credit for Ohio job retention under	227
division (B)(2) or (3) of section 122.171 of the Revised Code;	228

(8)(9) The refundable credit for Ohio job creation under	229
section 5725.32 of the Revised Code;	230

(9)(10) The refundable credit under section 5725.19 of the	231
Revised Code for losses on loans made under the Ohio venture	232
capital program under sections 150.01 to 150.10 of the Revised	233
Code.	234

(B) For any credit except the refundable credits enumerated	235
in this section, the amount of the credit for a taxable year shall	236
not exceed the tax due after allowing for any other credit that	237
precedes it in the order required under this section. Any excess	238
amount of a particular credit may be carried forward if authorized	239
under the section creating that credit. Nothing in this chapter	240
shall be construed to allow a taxpayer to claim, directly or	241
indirectly, a credit more than once for a taxable year.	242

Sec. 5726.58.  A nonrefundable credit is allowed against the	243
tax imposed under section 5726.02 of the Revised Code for a	244
financial institution that holds a tax credit certificate issued	245
under section 122.177 of the Revised Code. The credit shall equal	246
the dollar amount indicated on the certificate. The credit shall	247
be claimed in the tax year specified on the certificate and in the	248
order required by section 5726.98 of the Revised Code. If the	249
amount of the credit exceeds the amount of tax otherwise due under	250
section 5726.02 of the Revised Code for the tax year, after	251
allowing for any credits preceding the credit in the order	252
prescribed by section 5726.98 of the Revised Code, the financial	253
institution may carry forward the excess amount to subsequent tax	254
years. The financial institution shall deduct the amount of the	255
excess credit allowed in any such year from the balance carried	256
forward to the next tax year.	257

The financial institution shall make the tax credit	258
certificate available for inspection by the tax commissioner upon	259
the request of the tax commissioner.	260

Sec. 5726.98. (A) To provide a uniform procedure for	261
calculating the amount of tax due under section 5726.02 of the	262
Revised Code, a taxpayer shall claim any credits to which the	263
taxpayer is entitled under this chapter in the following order:	264

(1) The bank organization assessment credit under section	265
5726.51 of the Revised Code;	266

(2) The nonrefundable job retention credit under division (B)	267
of section 5726.50 of the Revised Code;	268

(3) The nonrefundable credit for purchases of qualified	269
low-income community investments under section 5726.54 of the	270
Revised Code;	271

(4) The nonrefundable credit for qualified research expenses	272
under section 5726.56 of the Revised Code;	273

(5) The nonrefundable credit for qualifying dealer in	274
intangibles taxes under section 5726.57 of the Revised Code.;	275

(6) The nonrefundable credit for rehabilitating a vacant	276
industrial site under section 5726.58 of the Revised Code;	277

(7) The refundable credit for rehabilitating an historic	278
building under section 5726.52 of the Revised Code;	279

(7)(8) The refundable job retention or job creation credit	280
under division (A) of section 5726.50 of the Revised Code;	281

(8)(9) The refundable credit under section 5726.53 of the	282
Revised Code for losses on loans made under the Ohio venture	283
capital program under sections 150.01 to 150.10 of the Revised	284
Code;	285

(9)(10) The refundable motion picture production credit under	286
section 5726.55 of the Revised Code.	287

(B) For any credit except the refundable credits enumerated	288
in this section, the amount of the credit for a taxable year shall	289
not exceed the tax due after allowing for any other credit that	290
precedes it in the order required under this section. Any excess	291
amount of a particular credit may be carried forward if authorized	292
under the section creating that credit. Nothing in this chapter	293
shall be construed to allow a taxpayer to claim, directly or	294
indirectly, a credit more than once for a taxable year.	295

Sec. 5729.18.  A nonrefundable credit is allowed against the	296
tax imposed under section 5729.03 of the Revised Code for an	297
insurance company that holds a tax credit certificate issued under	298
section 122.177 of the Revised Code. The credit shall equal the	299
dollar amount indicated on the certificate. The credit shall be	300
claimed in the calendar year specified on the certificate and in	301
the order required by section 5729.98 of the Revised Code. If the	302
amount of the credit exceeds the amount of tax otherwise due under	303
section 5729.03 of the Revised Code for the calendar year, after	304
allowing for any credits preceding the credit in the order	305
prescribed by section 5729.98 of the Revised Code, the insurance	306
company may carry forward the excess amount to subsequent calendar	307
years. The insurance company shall deduct the amount of the excess	308
credit allowed in any such year from the balance carried forward	309
to the next calendar year.	310

The insurance company shall make the tax credit certificate	311
available for inspection by the tax commissioner upon the request	312
of the tax commissioner.	313

Sec. 5729.98. (A) To provide a uniform procedure for	314
calculating the amount of tax due under this chapter, a taxpayer	315
shall claim any credits and offsets against tax liability to which	316
it is entitled in the following order:	317

(1) The credit for an insurance company or insurance company	318
group under section 5729.031 of the Revised Code;	319

(2) The credit for eligible employee training costs under	320
section 5729.07 of the Revised Code;	321

(3) The credit for purchases of qualified low-income	322
community investments under section 5729.16 of the Revised Code;	323

(4) The nonrefundable job retention credit under division	324
(B)(1) of section 122.171 of the Revised Code;	325

(5) The nonrefundable credit for rehabilitating a vacant	326
industrial site under section 5729.18 of the Revised Code;	327

(6) The offset of assessments by the Ohio life and health	328
insurance guaranty association against tax liability permitted by	329
section 3956.20 of the Revised Code;	330

(6)(7) The refundable credit for rehabilitating a historic	331
building under section 5729.17 of the Revised Code.	332

(7)(8) The refundable credit for Ohio job retention under	333
division (B)(2) or (3) of section 122.171 of the Revised Code;	334

(8)(9) The refundable credit for Ohio job creation under	335
section 5729.032 of the Revised Code;	336

(9)(10) The refundable credit under section 5729.08 of the	337
Revised Code for losses on loans made under the Ohio venture	338
capital program under sections 150.01 to 150.10 of the Revised	339
Code.	340

(B) For any credit except the refundable credits enumerated	341
in this section, the amount of the credit for a taxable year shall	342
not exceed the tax due after allowing for any other credit that	343
precedes it in the order required under this section. Any excess	344
amount of a particular credit may be carried forward if authorized	345
under the section creating that credit. Nothing in this chapter	346
shall be construed to allow a taxpayer to claim, directly or	347
indirectly, a credit more than once for a taxable year.	348

Sec. 5747.78.  (A) A nonrefundable credit is allowed against	349
the tax imposed by section 5747.02 of the Revised Code for a	350
taxpayer that holds a tax credit certificate issued under section	351
122.177 of the Revised Code. The credit shall equal the dollar	352
amount indicated on the certificate. The credit shall be claimed	353
in the taxable year specified on the certificate and in the order	354
required under section 5747.98 of the Revised Code. If the amount	355
of the credit exceeds the amount of tax otherwise due under	356
section 5747.02 of the Revised Code for the taxable year, after	357
allowing for any credits preceding the credit in the order	358
prescribed by section 5747.98 of the Revised Code, the taxpayer	359
may carry forward the excess amount to subsequent taxable years.	360
The taxpayer shall deduct the amount of the excess credit allowed	361
in any such year from the balance carried forward to the next	362
taxable year.	363

(B) Nothing in this section limits or disallows pass-through	364
treatment of the credit if the person issued the tax credit	365
certificate under section 122.177 of the Revised Code is a	366
pass-through entity. If the certificate is issued to a	367
pass-through entity, the credit may be allocated among the	368
entity's equity owners in proportion to their ownership interests	369
or in such proportions or amounts as the equity owners mutually	370
agree.	371

(C) A credit may not be claimed under this section if a	372
credit is or was claimed under any other section of the Revised	373
Code on the basis of the same tax certificate issued under section	374
122.177 of the Revised Code.	375

(D) The taxpayer shall make the tax credit certificate	376
available for inspection by the tax commissioner upon the request	377
of the tax commissioner.	378

Sec. 5747.98.  (A) To provide a uniform procedure for	379
calculating the amount of tax due under section 5747.02 of the	380
Revised Code, a taxpayer shall claim any credits to which the	381
taxpayer is entitled in the following order:	382

(1) The retirement income credit under division (B) of	383
section 5747.055 of the Revised Code;	384

(2) The senior citizen credit under division (C) of section	385
5747.05 of the Revised Code;	386

(3) The lump sum distribution credit under division (D) of	387
section 5747.05 of the Revised Code;	388

(4) The dependent care credit under section 5747.054 of the	389
Revised Code;	390

(5) The lump sum retirement income credit under division (C)	391
of section 5747.055 of the Revised Code;	392

(6) The lump sum retirement income credit under division (D)	393
of section 5747.055 of the Revised Code;	394

(7) The lump sum retirement income credit under division (E)	395
of section 5747.055 of the Revised Code;	396

(8) The low-income credit under section 5747.056 of the	397
Revised Code;	398

(9) The credit for displaced workers who pay for job training	399
under section 5747.27 of the Revised Code;	400

(10) The campaign contribution credit under section 5747.29	401
of the Revised Code;	402

(11) The twenty-dollar personal exemption credit under	403
section 5747.022 of the Revised Code;	404

(12) The joint filing credit under division (G) of section	405
5747.05 of the Revised Code;	406

(13) The nonresident credit under division (A) of section	407
5747.05 of the Revised Code;	408

(14) The credit for a resident's out-of-state income under	409
division (B) of section 5747.05 of the Revised Code;	410

(15) The credit for employers that enter into agreements with	411
child day-care centers under section 5747.34 of the Revised Code;	412

(16) The credit for employers that reimburse employee child	413
care expenses under section 5747.36 of the Revised Code;	414

(17) The credit for adoption of a minor child under section	415
5747.37 of the Revised Code;	416

(18) The credit for purchases of lights and reflectors under	417
section 5747.38 of the Revised Code;	418

(19) The nonrefundable job retention credit under division	419
(B) of section 5747.058 of the Revised Code;	420

(20) The credit for selling alternative fuel under section	421
5747.77 of the Revised Code;	422

(21) The second credit for purchases of new manufacturing	423
machinery and equipment and the credit for using Ohio coal under	424
section 5747.31 of the Revised Code;	425

(22) The job training credit under section 5747.39 of the	426
Revised Code;	427

(23) The enterprise zone credit under section 5709.66 of the	428
Revised Code;	429

(24) The credit for the eligible costs associated with a	430
voluntary action under section 5747.32 of the Revised Code;	431

(25) The credit for employers that establish on-site child	432
day-care centers under section 5747.35 of the Revised Code;	433

(26) The ethanol plant investment credit under section	434
5747.75 of the Revised Code;	435

(27) The credit for purchases of qualifying grape production	436
property under section 5747.28 of the Revised Code;	437

(28) The small business investment credit under section	438
5747.81 of the Revised Code;	439

(29) The credit for research and development and technology	440
transfer investors under section 5747.33 of the Revised Code;	441

(30) The enterprise zone credits under section 5709.65 of the	442
Revised Code;	443

(31) The research and development credit under section	444
5747.331 of the Revised Code;	445

(32) The credit for rehabilitating a vacant industrial site	446
under section 5747.78 of the Revised Code;	447

(33) The credit for rehabilitating a historic building under	448
section 5747.76 of the Revised Code;	449

(33)(34) The refundable credit for rehabilitating a historic	450
building under section 5747.76 of the Revised Code;	451

(34)(35) The refundable jobs creation credit or job retention	452
credit under division (A) of section 5747.058 of the Revised Code;	453

(35)(36) The refundable credit for taxes paid by a qualifying	454
entity granted under section 5747.059 of the Revised Code;	455

(36)(37) The refundable credits for taxes paid by a	456
qualifying pass-through entity granted under division (J) of	457
section 5747.08 of the Revised Code;	458

(37)(38) The refundable credit under section 5747.80 of the	459
Revised Code for losses on loans made to the Ohio venture capital	460
program under sections 150.01 to 150.10 of the Revised Code;	461

(38)(39) The refundable motion picture production credit	462
under section 5747.66 of the Revised Code.;	463

(39)(40) The refundable credit for financial institution	464
taxes paid by a pass-through entity granted under section 5747.65	465
of the Revised Code.	466

(B) For any credit, except the refundable credits enumerated	467
in this section and the credit granted under division (I) of	468
section 5747.08 of the Revised Code, the amount of the credit for	469
a taxable year shall not exceed the tax due after allowing for any	470
other credit that precedes it in the order required under this	471
section. Any excess amount of a particular credit may be carried	472
forward if authorized under the section creating that credit.	473
Nothing in this chapter shall be construed to allow a taxpayer to	474
claim, directly or indirectly, a credit more than once for a	475
taxable year.	476

Sec. 5749.11.  (A) There is hereby allowed a nonrefundable	477
credit against the taxes imposed under division (A)(8) of section	478
5749.02 of the Revised Code for any severer to which a reclamation	479
tax credit certificate is issued under section 1513.171 of the	480
Revised Code. The credit shall be claimed in the amount shown on	481
the certificate. The credit shall be claimed by deducting the	482
amount of the credit from the amount of the first tax payment due	483
under section 5749.06 of the Revised Code after the certificate is	484
issued.	485

If the amount of the credit shown on a certificate exceeds	486
the amount of the tax otherwise due with that first payment, the	487
excess shall be claimed against the amount of tax otherwise due on	488
succeeding payment dates until the entire credit amount has been	489
deducted. The total amount of credit claimed against payments	490
shall not exceed the total amount of credit shown on the	491
certificate.	492

The severer shall claim the credit in the order required by	493
section 5749.98 of the Revised Code.	494

(B) A severer claiming a credit under this section shall	495
retain a reclamation tax credit certificate for not less than four	496
years following the date of the last tax payment against which the	497
credit allowed under that certificate was applied. Severers shall	498
make tax credit certificates available for inspection by the tax	499
commissioner upon the tax commissioner's request.	500

Sec. 5749.18.  A nonrefundable credit is allowed against the	501
tax imposed under section 5749.02 of the Revised Code for a	502
severer that holds a tax credit certificate issued under section	503
122.177 of the Revised Code. The credit shall equal the dollar	504
amount indicated on the certificate. The credit shall be claimed	505
by deducting the amount of the credit from the amount of the first	506
tax payment due under section 5749.06 of the Revised Code after	507
the certificate is issued. If the amount of the credit shown on a	508
certificate exceeds the amount of the tax otherwise due with that	509
first payment, the excess shall be claimed against the amount of	510
tax otherwise due on succeeding payment dates until the entire	511
credit amount has been deducted. The total amount of credit	512
claimed against payments shall not exceed the total amount of	513
credit shown on the certificate.	514

The severer shall claim the credit in the order required by	515
section 5749.98 of the Revised Code.	516

The severer shall make the tax credit certificate available	517
for inspection by the tax commissioner upon the request of the tax	518
commissioner.	519

Sec. 5749.98.  (A) To provide a uniform procedure for	520
calculating the amount of tax imposed by section 5749.02 of the	521
Revised Code that is due under this chapter, a taxpayer shall	522
claim any credits to which it is entitled in the following order:	523

(1) The nonrefundable credit for the reclamation of land or	524
water resources under section 5749.11 of the Revised Code;	525

(2) The nonrefundable credit for rehabilitating a vacant	526
industrial site under section 5749.18 of the Revised Code.	527

(B) For any credit, the amount of the credit for a tax period	528
shall not exceed the tax due after allowing for any other credit	529
that precedes it in the order required under this section. Any	530
excess amount of a particular credit may be carried forward if	531
authorized under the section creating that credit. Nothing in this	532
chapter shall be construed to allow a taxpayer to claim, directly	533
or indirectly, a credit more than once for a single tax period.	534

Section 2.  That existing sections 5725.98, 5726.98, 5729.98,	535
5747.98, and 5749.11 of the Revised Code are hereby repealed.	536

Section 3.  Section 5747.98 of the Revised Code is presented	537
in this act as a composite of the section as amended by both Am.	538
Sub. H.B. 386 and Am. Sub. H.B. 510 of the 129th General Assembly.	539
The General Assembly, applying the principle stated in division	540
(B) of section 1.52 of the Revised Code that amendments are to be	541
harmonized if reasonably capable of simultaneous operation, finds	542
that the composite is the resulting version of the section in	543
effect prior to the effective date of the section as presented in	544
this act.	545