§ 6-3.1-13-5 — "Incremental income tax withholdings"

Indiana § 6-3.1-13-5

• Jurisdiction: Indiana
• Art. 3.1: STATE TAX LIABILITY CREDITS
• Ch. 13: Economic Development for a Growing Economy Tax

Text

(a) As used in this chapter, "incremental
income tax withholdings" means either:
(1) the total amount withheld under IC 6-3-4-8 by the taxpayer
during the taxable year from the compensation of new employees;
or
(2) the sum of:
(A) the total amount withheld under IC 6-3-4-8 by the taxpayer
during the taxable year from the compensation of new
employees; plus
(B) the additional amount that would have been withheld under
IC 6-3-4-8 by the taxpayer during the taxable year from the
compensation of new employees as if the new Indiana
nonresident employees had been Indiana residents;
as determined by the corporation.
(b) The term does not include any amount withheld from an
individual or an additional amount described in subsection (a)(2) for an
individual for services provided in Indiana as an employee, if the:
(1) individual was, during the period of service, prohibited from
being hired as an employee under 8 U.S.C. 1324a; and
(2) taxpayer was not enrolled and participating in the E-Verify
program (as defined in IC 22-5-1.7-3) during the time the
taxpayer conducted business in Indiana in the taxable year.

Legislative History

As added by P.L.41-1994, SEC.1. Amended by P.L.171-2011, SEC.5; P.L.158-2019, SEC.11.