§ 39-22-5405 — Recapture

(1) As of the last day of any taxable year during
the compliance period, if the amount of the qualified basis of a qualified
development with respect to a qualified taxpayer is less than the amount of the
qualified basis with respect to a qualified taxpayer as of the last day of the prior
taxable year, then the amount of a relevant taxpayer's state income tax liability for
that taxable year is increased by the credit recapture amount.

(2) For purposes of subsection (1) of this section, the credit recapture amount
is an amount equal to the aggregate decrease in the credit allowed to a qualified
taxpayer pursuant to this part 54 for all prior taxable years that would have
resulted if the accelerated portion of the credit allowable by reason of this part 54
were not allowed for all prior taxable years with respect to the reduced amount of
qualified basis described in subsection (1) of this section.

(3) For purposes of subsection (2) of this section, the accelerated portion of
the credit for the prior taxable years with respect to any amount of qualified basis
is the difference between:

(a) The aggregate credit allowed pursuant to this part 54, notwithstanding
this subsection (3), for the years with respect to such qualified basis; and

(b) The aggregate credit that would be allowable pursuant to this part 54 for
such years with respect to the qualified basis if the aggregate credit that would
have been allowable, but for this subsection (3), for the entire compliance period
were allowable ratably over fifteen years.

(4) If recapture of any credit is required in any tax year, the return submitted
for that tax year to the department must include the following information:

(a) The portion of credit required to be recaptured;

(b) The identity of each taxpayer subject to the recapture; and

(c) The amount of credit previously allocated to the taxpayer.

Legislative History

Source: L. 2024: Entire part added, (HB 24-1316), ch. 287, p. 1924, � 1, effective May 30.