IC 6-3.1-25.2
Chapter 25.2. Coal Combustion Product Tax Credit
IC 6-3.1-25.2-1 "Coal combustion product"
Sec. 1. As used in this chapter, "coal combustion product" means
the byproducts resulting from the combustion of coal in a facility
located in Indiana, including a fluidized bed boiler. The term
includes boiler slag, bottom ash, fly ash, and scrubber sludge. As added by P.L.215-2003, SEC.2.
IC 6-3.1-25.2-2 "Manufacturer"
Sec. 2. (a) As used in this chapter, "manufacturer" means a
taxpayer that:
(1) obtains and uses coal combustion products for the
manufacturing of recycled components; and
(2) is one (1) of the following:
(A) A new business.
(B) An existing business that, during a taxable year in which
the taxpayer claims a credit under this chapter, begins
manufacturing recycled components.
(C) An existing business that:
(i) manufactures recycled components; and
(ii) during a taxable year in which the taxpayer claims a
credit under this chapter, increases acquisitions of coal
combustion products by the amount determined in
subsection (b).
(b) A manufacturer described in subsection (a)(2)(C) must
increase the manufacturer's acquisitions of coal combustion products
by the amount determined in STEP THREE of the following STEPS:
STEP ONE: Determine the total amount of coal combustion
products obtained by the manufacturer for each of the three (3)
taxable years immediately preceding the taxable year in which
the manufacturer claims a credit under this chapter.
STEP TWO: Determine the largest amount determined under
STEP ONE.
STEP THREE: Determine the product of:
(A) the STEP TWO amount; multiplied by
(B) one-tenth (0.1). As added by P.L.215-2003, SEC.2.
IC 6-3.1-25.2-3 "Recycled component"
Sec. 3. As used in this chapter, a unit of materials, goods, or other
tangible personal property is a "recycled component" if coal
combustion products constitute at least fifteen percent (15%) by
weight of the substances of which the unit is composed. Recycled
components include:
(1) aggregates;
(2) fillers;
(3) cementitious materials; or
(4) any combination of aggregates, filler, or cementitious
materials;
that are used in the manufacture of masonry construction products
(including portland cement based mortar), normal and lightweight
concrete, blocks, bricks, pavers, pipes, prestressed concrete products,
filter media, and other products approved by the Center for Coal
Technology Research established under IC 21-47-4. As added by P.L.215-2003, SEC.2. Amended by P.L.2-2007,
SEC.123.
IC 6-3.1-25.2-4 "State tax liability"
Sec. 4. As used in this chapter, "state tax liability" means a
taxpayer's total tax liability incurred under IC 6-3-1 through IC 6-3-7
(the adjusted gross income tax), as computed after the application of
all credits that under IC 6-3.1-1-2 are to be applied before the credit
provided by this chapter. As added by P.L.215-2003, SEC.2.
IC 6-3.1-25.2-5 Entitlement to credit; amount
Sec. 5. (a) A manufacturer is entitled to a credit against the
manufacturer's state tax liability as follows:
(1) In the case of a manufacturer described under section
2(a)(2)(A) or 2(a)(2)(B) of this chapter, the amount of the credit
is equal to:
(A) the number of tons of coal combustion products obtained
and used by the manufacturer in the taxable year; multiplied
by
(B) two dollars ($2).
(2) In the case of a manufacturer described under section
2(a)(2)(C) of this chapter, the amount of the credit is equal to:
(A) the difference between:
(i) the number of tons of coal combustion products
obtained and used by the manufacturer in the taxable year;
and
(ii) the amount determined in STEP TWO of section 2(b)
of this chapter; multiplied by
(B) two dollars ($2).
(b) The total amount of credits allowed under this chapter may not
exceed in the aggregate two million dollars ($2,000,000) for all
taxpayers per state fiscal year.
(c) To receive the credit provided by this chapter, a taxpayer must
claim the credit on the taxpayer's state tax return or returns in the
manner prescribed by the department.
(d) The department shall record the time of filing of each return
claiming a credit under this section and shall, except as provided in
subsection (e), grant the credit to the taxpayer, if the taxpayer
otherwise qualifies for a tax credit under this chapter, in the
chronological order in which the return is filed in the state fiscal
year.
(e) If the total credits approved under this section equal the
maximum amount allowable in the state fiscal year, a return claiming
the credit filed later in that same state fiscal year may not be
approved. However, if an applicant for which a credit has been
approved fails to file the information required by section 9 of this
chapter, an amount equal to the credit previously allowed or set aside
for the applicant may be allowed to the next eligible applicant or
applicants until the total amount has been allowed. In addition, the
department may, if the applicant so requests, approve a credit
application, in whole or in part, with respect to the next succeeding
state fiscal year. As added by P.L.215-2003, SEC.2.
IC 6-3.1-25.2-6 Credit for shareholder, partner, or member of pass through entity
Sec. 6. (a) If a manufacturer that claims a credit under this chapter
is a pass through entity (as defined in IC 6-3.1-11.5-8.5) that does not
have state tax liability for a taxable year against which the credit may
be applied, a shareholder, partner, or member of the pass through
entity is entitled to a credit equal to:
(1) the credit determined for the pass through entity for the
taxable year; multiplied by
(2) the percentage of the pass through entity's distributive
income to which the shareholder, partner, or member is entitled.
(b) If the amount determined under subsection (a) exceeds the
state tax liability of the shareholder, partner, or member, the
shareholder, partner, or member may not carry over the excess to
following taxable years. As added by P.L.215-2003, SEC.2.
IC 6-3.1-25.2-7 Duration of credit
Sec. 7. A manufacturer with a facility located in Indiana may
claim a credit under this chapter in each of ten (10) consecutive
taxable years, beginning with the taxable year in which the
manufacturer first claims the credit under this chapter. As added by P.L.215-2003, SEC.2.
IC 6-3.1-25.2-8 Carryover, carryback, or refund of unused credit disallowed
Sec. 8. (a) If the amount determined under section 5 of this
chapter for a taxable year exceeds the manufacturer's state tax
liability for the taxable year, the manufacturer may not carry over the
excess to following taxable years.
(b) A taxpayer is not entitled to a carryback or refund of any
unused credit. As added by P.L.215-2003, SEC.2. IC 6-3.1-25.2-9 Application for credit
Sec. 9. To obtain a credit under this chapter, the manufacturer
must file with the department information that the department
determines is necessary for the calculation of the credit provided
under this chapter. The department shall keep a list that includes:
(1) the name of each manufacturer that receives a credit under
this chapter and IC 6-1.1-44; and
(2) the amount of each credit for the manufacturer in the taxable
year;
and provide the list annually to the center for coal technology
research established under IC 21-47-4. As added by P.L.215-2003, SEC.2. Amended by P.L.2-2007,
SEC.124.
IC 6-3.1-25.2-10 Conditions on obtaining credit
Sec. 10. A taxpayer that obtains a deduction under IC 6-1.1-44
may not obtain a credit under this chapter for the same taxable year. As added by P.L.215-2003, SEC.2.
IC 6-3.1-25.2
Chapter 25.2. Coal Combustion Product Tax Credit
IC 6-3.1-25.2-1 "Coal combustion product"
Sec. 1. As used in this chapter, "coal combustion product" means
the byproducts resulting from the combustion of coal in a facility
located in Indiana, including a fluidized bed boiler. The term
includes boiler slag, bottom ash, fly ash, and scrubber sludge. As added by P.L.215-2003, SEC.2.
IC 6-3.1-25.2-2 "Manufacturer"
Sec. 2. (a) As used in this chapter, "manufacturer" means a
taxpayer that:
(1) obtains and uses coal combustion products for the
manufacturing of recycled components; and
(2) is one (1) of the following:
(A) A new business.
(B) An existing business that, during a taxable year in which
the taxpayer claims a credit under this chapter, begins
manufacturing recycled components.
(C) An existing business that:
(i) manufactures recycled components; and
(ii) during a taxable year in which the taxpayer claims a
credit under this chapter, increases acquisitions of coal
combustion products by the amount determined in
subsection (b).
(b) A manufacturer described in subsection (a)(2)(C) must
increase the manufacturer's acquisitions of coal combustion products
by the amount determined in STEP THREE of the following STEPS:
STEP ONE: Determine the total amount of coal combustion
products obtained by the manufacturer for each of the three (3)
taxable years immediately preceding the taxable year in which
the manufacturer claims a credit under this chapter.
STEP TWO: Determine the largest amount determined under
STEP ONE.
STEP THREE: Determine the product of:
(A) the STEP TWO amount; multiplied by
(B) one-tenth (0.1). As added by P.L.215-2003, SEC.2.
IC 6-3.1-25.2-3 "Recycled component"
Sec. 3. As used in this chapter, a unit of materials, goods, or other
tangible personal property is a "recycled component" if coal
combustion products constitute at least fifteen percent (15%) by
weight of the substances of which the unit is composed. Recycled
components include:
(1) aggregates;
(2) fillers;
(3) cementitious materials; or
(4) any combination of aggregates, filler, or cementitious
materials;
that are used in the manufacture of masonry construction products
(including portland cement based mortar), normal and lightweight
concrete, blocks, bricks, pavers, pipes, prestressed concrete products,
filter media, and other products approved by the Center for Coal
Technology Research established under IC 21-47-4. As added by P.L.215-2003, SEC.2. Amended by P.L.2-2007,
SEC.123.
IC 6-3.1-25.2-4 "State tax liability"
Sec. 4. As used in this chapter, "state tax liability" means a
taxpayer's total tax liability incurred under IC 6-3-1 through IC 6-3-7
(the adjusted gross income tax), as computed after the application of
all credits that under IC 6-3.1-1-2 are to be applied before the credit
provided by this chapter. As added by P.L.215-2003, SEC.2.
IC 6-3.1-25.2-5 Entitlement to credit; amount
Sec. 5. (a) A manufacturer is entitled to a credit against the
manufacturer's state tax liability as follows:
(1) In the case of a manufacturer described under section
2(a)(2)(A) or 2(a)(2)(B) of this chapter, the amount of the credit
is equal to:
(A) the number of tons of coal combustion products obtained
and used by the manufacturer in the taxable year; multiplied
by
(B) two dollars ($2).
(2) In the case of a manufacturer described under section
2(a)(2)(C) of this chapter, the amount of the credit is equal to:
(A) the difference between:
(i) the number of tons of coal combustion products
obtained and used by the manufacturer in the taxable year;
and
(ii) the amount determined in STEP TWO of section 2(b)
of this chapter; multiplied by
(B) two dollars ($2).
(b) The total amount of credits allowed under this chapter may not
exceed in the aggregate two million dollars ($2,000,000) for all
taxpayers per state fiscal year.
(c) To receive the credit provided by this chapter, a taxpayer must
claim the credit on the taxpayer's state tax return or returns in the
manner prescribed by the department.
(d) The department shall record the time of filing of each return
claiming a credit under this section and shall, except as provided in
subsection (e), grant the credit to the taxpayer, if the taxpayer
otherwise qualifies for a tax credit under this chapter, in the
chronological order in which the return is filed in the state fiscal
year.
(e) If the total credits approved under this section equal the
maximum amount allowable in the state fiscal year, a return claiming
the credit filed later in that same state fiscal year may not be
approved. However, if an applicant for which a credit has been
approved fails to file the information required by section 9 of this
chapter, an amount equal to the credit previously allowed or set aside
for the applicant may be allowed to the next eligible applicant or
applicants until the total amount has been allowed. In addition, the
department may, if the applicant so requests, approve a credit
application, in whole or in part, with respect to the next succeeding
state fiscal year. As added by P.L.215-2003, SEC.2.
IC 6-3.1-25.2-6 Credit for shareholder, partner, or member of pass through entity
Sec. 6. (a) If a manufacturer that claims a credit under this chapter
is a pass through entity (as defined in IC 6-3.1-11.5-8.5) that does not
have state tax liability for a taxable year against which the credit may
be applied, a shareholder, partner, or member of the pass through
entity is entitled to a credit equal to:
(1) the credit determined for the pass through entity for the
taxable year; multiplied by
(2) the percentage of the pass through entity's distributive
income to which the shareholder, partner, or member is entitled.
(b) If the amount determined under subsection (a) exceeds the
state tax liability of the shareholder, partner, or member, the
shareholder, partner, or member may not carry over the excess to
following taxable years. As added by P.L.215-2003, SEC.2.
IC 6-3.1-25.2-7 Duration of credit
Sec. 7. A manufacturer with a facility located in Indiana may
claim a credit under this chapter in each of ten (10) consecutive
taxable years, beginning with the taxable year in which the
manufacturer first claims the credit under this chapter. As added by P.L.215-2003, SEC.2.
IC 6-3.1-25.2-8 Carryover, carryback, or refund of unused credit disallowed
Sec. 8. (a) If the amount determined under section 5 of this
chapter for a taxable year exceeds the manufacturer's state tax
liability for the taxable year, the manufacturer may not carry over the
excess to following taxable years.
(b) A taxpayer is not entitled to a carryback or refund of any
unused credit. As added by P.L.215-2003, SEC.2. IC 6-3.1-25.2-9 Application for credit
Sec. 9. To obtain a credit under this chapter, the manufacturer
must file with the department information that the department
determines is necessary for the calculation of the credit provided
under this chapter. The department shall keep a list that includes:
(1) the name of each manufacturer that receives a credit under
this chapter and IC 6-1.1-44; and
(2) the amount of each credit for the manufacturer in the taxable
year;
and provide the list annually to the center for coal technology
research established under IC 21-47-4. As added by P.L.215-2003, SEC.2. Amended by P.L.2-2007,
SEC.124.
IC 6-3.1-25.2-10 Conditions on obtaining credit
Sec. 10. A taxpayer that obtains a deduction under IC 6-1.1-44
may not obtain a credit under this chapter for the same taxable year. As added by P.L.215-2003, SEC.2.
IC 6-3.1-25.2
Chapter 25.2. Coal Combustion Product Tax Credit
IC 6-3.1-25.2-1 "Coal combustion product"
Sec. 1. As used in this chapter, "coal combustion product" means
the byproducts resulting from the combustion of coal in a facility
located in Indiana, including a fluidized bed boiler. The term
includes boiler slag, bottom ash, fly ash, and scrubber sludge. As added by P.L.215-2003, SEC.2.
IC 6-3.1-25.2-2 "Manufacturer"
Sec. 2. (a) As used in this chapter, "manufacturer" means a
taxpayer that:
(1) obtains and uses coal combustion products for the
manufacturing of recycled components; and
(2) is one (1) of the following:
(A) A new business.
(B) An existing business that, during a taxable year in which
the taxpayer claims a credit under this chapter, begins
manufacturing recycled components.
(C) An existing business that:
(i) manufactures recycled components; and
(ii) during a taxable year in which the taxpayer claims a
credit under this chapter, increases acquisitions of coal
combustion products by the amount determined in
subsection (b).
(b) A manufacturer described in subsection (a)(2)(C) must
increase the manufacturer's acquisitions of coal combustion products
by the amount determined in STEP THREE of the following STEPS:
STEP ONE: Determine the total amount of coal combustion
products obtained by the manufacturer for each of the three (3)
taxable years immediately preceding the taxable year in which
the manufacturer claims a credit under this chapter.
STEP TWO: Determine the largest amount determined under
STEP ONE.
STEP THREE: Determine the product of:
(A) the STEP TWO amount; multiplied by
(B) one-tenth (0.1). As added by P.L.215-2003, SEC.2.
IC 6-3.1-25.2-3 "Recycled component"
Sec. 3. As used in this chapter, a unit of materials, goods, or other
tangible personal property is a "recycled component" if coal
combustion products constitute at least fifteen percent (15%) by
weight of the substances of which the unit is composed. Recycled
components include:
(1) aggregates;
(2) fillers;
(3) cementitious materials; or
(4) any combination of aggregates, filler, or cementitious
materials;
that are used in the manufacture of masonry construction products
(including portland cement based mortar), normal and lightweight
concrete, blocks, bricks, pavers, pipes, prestressed concrete products,
filter media, and other products approved by the Center for Coal
Technology Research established under IC 21-47-4. As added by P.L.215-2003, SEC.2. Amended by P.L.2-2007,
SEC.123.
IC 6-3.1-25.2-4 "State tax liability"
Sec. 4. As used in this chapter, "state tax liability" means a
taxpayer's total tax liability incurred under IC 6-3-1 through IC 6-3-7
(the adjusted gross income tax), as computed after the application of
all credits that under IC 6-3.1-1-2 are to be applied before the credit
provided by this chapter. As added by P.L.215-2003, SEC.2.
IC 6-3.1-25.2-5 Entitlement to credit; amount
Sec. 5. (a) A manufacturer is entitled to a credit against the
manufacturer's state tax liability as follows:
(1) In the case of a manufacturer described under section
2(a)(2)(A) or 2(a)(2)(B) of this chapter, the amount of the credit
is equal to:
(A) the number of tons of coal combustion products obtained
and used by the manufacturer in the taxable year; multiplied
by
(B) two dollars ($2).
(2) In the case of a manufacturer described under section
2(a)(2)(C) of this chapter, the amount of the credit is equal to:
(A) the difference between:
(i) the number of tons of coal combustion products
obtained and used by the manufacturer in the taxable year;
and
(ii) the amount determined in STEP TWO of section 2(b)
of this chapter; multiplied by
(B) two dollars ($2).
(b) The total amount of credits allowed under this chapter may not
exceed in the aggregate two million dollars ($2,000,000) for all
taxpayers per state fiscal year.
(c) To receive the credit provided by this chapter, a taxpayer must
claim the credit on the taxpayer's state tax return or returns in the
manner prescribed by the department.
(d) The department shall record the time of filing of each return
claiming a credit under this section and shall, except as provided in
subsection (e), grant the credit to the taxpayer, if the taxpayer
otherwise qualifies for a tax credit under this chapter, in the
chronological order in which the return is filed in the state fiscal
year.
(e) If the total credits approved under this section equal the
maximum amount allowable in the state fiscal year, a return claiming
the credit filed later in that same state fiscal year may not be
approved. However, if an applicant for which a credit has been
approved fails to file the information required by section 9 of this
chapter, an amount equal to the credit previously allowed or set aside
for the applicant may be allowed to the next eligible applicant or
applicants until the total amount has been allowed. In addition, the
department may, if the applicant so requests, approve a credit
application, in whole or in part, with respect to the next succeeding
state fiscal year. As added by P.L.215-2003, SEC.2.
IC 6-3.1-25.2-6 Credit for shareholder, partner, or member of pass through entity
Sec. 6. (a) If a manufacturer that claims a credit under this chapter
is a pass through entity (as defined in IC 6-3.1-11.5-8.5) that does not
have state tax liability for a taxable year against which the credit may
be applied, a shareholder, partner, or member of the pass through
entity is entitled to a credit equal to:
(1) the credit determined for the pass through entity for the
taxable year; multiplied by
(2) the percentage of the pass through entity's distributive
income to which the shareholder, partner, or member is entitled.
(b) If the amount determined under subsection (a) exceeds the
state tax liability of the shareholder, partner, or member, the
shareholder, partner, or member may not carry over the excess to
following taxable years. As added by P.L.215-2003, SEC.2.
IC 6-3.1-25.2-7 Duration of credit
Sec. 7. A manufacturer with a facility located in Indiana may
claim a credit under this chapter in each of ten (10) consecutive
taxable years, beginning with the taxable year in which the
manufacturer first claims the credit under this chapter. As added by P.L.215-2003, SEC.2.
IC 6-3.1-25.2-8 Carryover, carryback, or refund of unused credit disallowed
Sec. 8. (a) If the amount determined under section 5 of this
chapter for a taxable year exceeds the manufacturer's state tax
liability for the taxable year, the manufacturer may not carry over the
excess to following taxable years.
(b) A taxpayer is not entitled to a carryback or refund of any
unused credit. As added by P.L.215-2003, SEC.2. IC 6-3.1-25.2-9 Application for credit
Sec. 9. To obtain a credit under this chapter, the manufacturer
must file with the department information that the department
determines is necessary for the calculation of the credit provided
under this chapter. The department shall keep a list that includes:
(1) the name of each manufacturer that receives a credit under
this chapter and IC 6-1.1-44; and
(2) the amount of each credit for the manufacturer in the taxable
year;
and provide the list annually to the center for coal technology
research established under IC 21-47-4. As added by P.L.215-2003, SEC.2. Amended by P.L.2-2007,
SEC.124.
IC 6-3.1-25.2-10 Conditions on obtaining credit
Sec. 10. A taxpayer that obtains a deduction under IC 6-1.1-44
may not obtain a credit under this chapter for the same taxable year. As added by P.L.215-2003, SEC.2.
