§ 605-1070

Rulemaking authority for EDGE Credit; sunset extensions for expiring credits; disaster declaration. The Department shall adopt rules, in consultation with the Department of Revenue, to identify any and all Economic Development for a Growing Economy (EDGE) tax credits that are earned, existing, and unused by a taxpayer in any tax year where there is a statewide COVID-19 public health emergency, as evidenced by an effective disaster declaration of the Governor covering all counties in the State. The rules adopted by the Department shall allow for the extension of credits, for at least 5 years and up to 10 years after the last statewide COVID-19 related disaster declaration has ended, that are earned, existing, or set to expire during a tax year where there is a statewide COVID-19 public health emergency as evidenced by an effective disaster declaration of the Governor covering all counties. In order for a credit to be extended a taxpayer shall provide evidence, in a form prescribed by the Department, that the taxpayer was or will be unable to utilize credits due to the COVID-19 public health emergency.

Legislative History

(Source: P.A. 102-16, eff. 6-17-21.)