Indiana § 6-3.1-13-6 "New employee"

Indiana Statutes

§ 6-3.1-13-6 — "New employee"

Indiana § 6-3.1-13-6

Art. 3.1STATE TAX LIABILITY CREDITS

Ch. 13Economic Development for a Growing Economy Tax

This text of Indiana § 6-3.1-13-6 ("New employee") is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ind. Code § 6-3.1-13-6 (2026).

Text

(a)As used in this chapter, "new employee" means a full-time employee first employed by a taxpayer in the project that is the subject of a tax credit agreement and who is employed after the taxpayer enters into the tax credit agreement.

(b)The term "new employee" does not include:

(1)an employee of the taxpayer who performs a job that was previously performed by another employee, if that job existed for at least six (6) months before hiring the new employee;

(2)an employee of the taxpayer who was previously employed in Indiana by a related member of the taxpayer and whose employment was shifted to the taxpayer after the taxpayer entered into the tax credit agreement; or

(3)a child, grandchild, parent, or spouse, other than a spouse who is legally separated from the individual, of any

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(a) As used in this chapter, "new employee"
means a full-time employee first employed by a taxpayer in the project
that is the subject of a tax credit agreement and who is employed after
the taxpayer enters into the tax credit agreement.
(b) The term "new employee" does not include:
(1) an employee of the taxpayer who performs a job that was
previously performed by another employee, if that job existed for
at least six (6) months before hiring the new employee;
(2) an employee of the taxpayer who was previously employed in
Indiana by a related member of the taxpayer and whose
employment was shifted to the taxpayer after the taxpayer entered
into the tax credit agreement; or
(3) a child, grandchild, parent, or spouse, other than a spouse who
is legally separated from the individual, of any individual who is
an employee of the taxpayer and who has a direct or an indirect
ownership interest of at least five percent (5%) in the profits,
capital, or value of the taxpayer (an ownership interest shall be
determined in accordance with Section 1563 of the Internal
Revenue Code and regulations prescribed under that Section).
(c) Notwithstanding subsection (b)(1), if a new employee performs
a job that was previously performed by an employee who was:
(1) treated under the agreement as a new employee; and
(2) promoted by the taxpayer to another job;
the employee may be considered a new employee under the agreement.
(d) Notwithstanding subsection (a), the board may credit awards to
an applicant that met the conditions of this chapter at the time of the
applicant's location or expansion decision, if:
(1) the applicant is in receipt of a letter from the department of
commerce stating an intent to enter into a credit agreement; and
(2) the letter described in subdivision (1) is issued by the
department of commerce not later than March 15, 1994.