IC 6-3.1-30
    Chapter 30. Headquarters Relocation Tax Credit
    Revisor's Note: The effective date of IC 6-3.1-30 was changed to1-1-2006 by P.L.137-2006, SEC.17.

IC 6-3.1-30-1
"Corporate headquarters"
    Sec. 1. As used in this chapter, "corporate headquarters" meansthe building or buildings where the principal offices of the principalexecutive officers of an eligible business are located.
As added by P.L.193-2005, SEC.21.

IC 6-3.1-30-2
"Eligible business"
    Sec. 2. As used in this chapter, "eligible business" means abusiness that:
        (1) is engaged in either interstate or intrastate commerce;
        (2) maintains a corporate headquarters at a location outsideIndiana;
        (3) has not previously maintained a corporate headquarters at alocation in Indiana;
        (4) had annual worldwide revenues of at least one hundredmillion dollars ($100,000,000) for the taxable year immediatelypreceding the business's application for a tax credit undersection 12 of this chapter; and
        (5) commits contractually to relocating its corporateheadquarters to Indiana.
As added by P.L.193-2005, SEC.21. Amended by P.L.137-2006,SEC.8.

IC 6-3.1-30-3
"Pass through entity"
    Sec. 3. As used in this chapter, "pass through entity" means:
        (1) a corporation that is exempt from the adjusted gross incometax under IC 6-3-2-2.8(2);
        (2) a partnership;
        (3) a limited liability company; or
        (4) a limited liability partnership.
As added by P.L.193-2005, SEC.21.

IC 6-3.1-30-4
"Qualifying project"
    Sec. 4. As used in this chapter, "qualifying project" means therelocation of the corporate headquarters of an eligible business froma location outside Indiana to a location in Indiana.
As added by P.L.193-2005, SEC.21.

IC 6-3.1-30-5
"Relocation costs"
    Sec. 5. As used in this chapter, "relocation costs" means the

reasonable and necessary expenses incurred by an eligible businessfor a qualifying project. The term includes:
        (1) moving costs and related expenses;
        (2) the purchase of new or replacement equipment;
        (3) capital investment costs; and
        (4) property assembly and development costs, including:
            (A) the purchase, lease, or construction of buildings andland;
            (B) infrastructure improvements; and
            (C) site development costs.
The term does not include any costs that do not directly result fromthe relocation of the business to a location in Indiana.
As added by P.L.193-2005, SEC.21.

IC 6-3.1-30-6
"State tax liability"
    Sec. 6. As used in this chapter, "state tax liability" means ataxpayer's total tax liability that is incurred under:
        (1) IC 6-3-1 through IC 6-3-7 (the adjusted gross income tax);
        (2) IC 6-5.5 (the financial institutions tax); and
        (3) IC 27-1-18-2 (the insurance premiums tax);
as computed after the application of the credits that underIC 6-3.1-1-2 are to be applied before the credit provided by thischapter.
As added by P.L.193-2005, SEC.21.

IC 6-3.1-30-7
"Taxpayer"
    Sec. 7. As used in this chapter, "taxpayer" means an individual orentity that has any state tax liability.
As added by P.L.193-2005, SEC.21.

IC 6-3.1-30-8
Tax credit
    Sec. 8. (a) A taxpayer that:
        (1) is an eligible business;
        (2) completes a qualifying project;
        (3) incurs relocation costs; and
        (4) employs at least seventy-five (75) employees in Indiana;
is entitled to a credit against the taxpayer's state tax liability for thetaxable year in which the relocation costs are incurred. The creditallowed under this section is equal to the amount determined undersection 9 of this chapter.
    (b) For purposes of establishing the employment level required bysubsection (a)(4), a taxpayer may include:
        (1) individuals who:
            (A) were employed in Indiana by the taxpayer before thetaxpayer commenced a qualifying project; and
            (B) remain employed in Indiana after the completion of thetaxpayer's qualifying project; and        (2) individuals who:
            (A) were not employed in Indiana by the taxpayer before thetaxpayer commenced a qualifying project; and
            (B) are employed in Indiana by the taxpayer as a result of thecompletion of the taxpayer's qualifying project.
As added by P.L.193-2005, SEC.21. Amended by P.L.137-2006,SEC.9; P.L.1-2007, SEC.58.

IC 6-3.1-30-9
Determination of tax credit amount
    Sec. 9. (a) Subject to subsection (b), the amount of the credit towhich a taxpayer is entitled under section 8 of this chapter equals theproduct of:
        (1) fifty percent (50%); multiplied by
        (2) the amount of the taxpayer's relocation costs in the taxableyear.
    (b) The credit to which a taxpayer is entitled under section 8 ofthis chapter may not reduce the taxpayer's state tax liability belowthe amount of the taxpayer's state tax liability in the taxable yearimmediately preceding the taxable year in which the taxpayer firstincurred relocation costs.
As added by P.L.193-2005, SEC.21.

IC 6-3.1-30-10
Pass through entity; shareholder, partner, or member
    Sec. 10. If a pass through entity is entitled to a credit undersection 8 of this chapter but does not have state tax liability againstwhich the tax credit may be applied, a shareholder, partner, ormember of the pass through entity is entitled to a tax credit equal to:
        (1) the tax credit determined for the pass through entity for thetaxable year; multiplied by
        (2) the percentage of the pass through entity's distributiveincome to which the shareholder, partner, or member is entitled.
As added by P.L.193-2005, SEC.21.

IC 6-3.1-30-11
Carryover; unused tax credit
    Sec. 11. (a) If the credit provided by this chapter exceeds thetaxpayer's state tax liability for the taxable year for which the creditis first claimed, the excess may be carried forward to succeedingtaxable years and used as a credit against the taxpayer's state taxliability during those taxable years. Each time that the credit iscarried forward to a succeeding taxable year, the credit is to bereduced by the amount that was used as a credit during theimmediately preceding taxable year. The credit provided by thischapter may be carried forward and applied to succeeding taxableyears for nine (9) taxable years following the unused credit year.
    (b) A taxpayer is not entitled to any carryback or refund of anyunused credit.
As added by P.L.193-2005, SEC.21.
IC 6-3.1-30-12
Claiming tax credit; returns; information required by departmentof state revenue
    Sec. 12. To receive the credit provided by this chapter, a taxpayermust claim the credit on the taxpayer's state tax return or returns inthe manner prescribed by the department. The taxpayer shall submitto the department:
        (1) proof of the taxpayer's relocation costs;
        (2) proof that the taxpayer is employing in Indiana the numberof employees required by section 8 of this chapter; and
        (3) all other information that the department determines isnecessary for the calculation of the credit provided by thischapter.
As added by P.L.193-2005, SEC.21. Amended by P.L.137-2006,SEC.10.

IC 6-3.1-30-13
Determination of expenses resulting from relocation
    Sec. 13. In determining whether an expense of the eligiblebusiness directly resulted from the relocation of the business, thedepartment shall consider whether the expense would likely havebeen incurred by the eligible business if the business had notrelocated from its original location.
As added by P.L.193-2005, SEC.21.