§ 6-3.1-29-20.5 — Assignability of credit by contract

Indiana § 6-3.1-29-20.5

• Jurisdiction: Indiana
• Art. 3.1: STATE TAX LIABILITY CREDITS
• Ch. 29: Coal Gasification Technology Investment Tax Credit

Text

5. (a) Subject to subsection (c), part or all
of the credit to which a taxpayer is entitled under section 15 of this
chapter may be assigned by the taxpayer to one (1) or more utilities that
have entered into a contract that:
(1) is approved by the Indiana utility regulatory commission;
(2) provides for the purchase of electricity or substitute natural
gas (as defined in IC 8-1-2-42.1) by the utility from the taxpayer;
and
(3) expressly allows the assignment of tax credits under this
section.
A tax credit assigned to a utility under this section must be applied
against the utility's state tax liability in the order set forth in section
14(b) of this chapter.
(b) Notwithstanding section 16 of this chapter, any part of a
taxpayer's credit under section 15 of this chapter that is assigned by the
taxpayer under this section must be taken in twenty (20) annual
installments, beginning with the year in which the taxpayer places into
service an integrated coal gasification powerplant or a fluidized bed
combustion technology.
(c) The part of a taxpayer's credit under section 15 of this chapter
that may be assigned by the taxpayer with respect to any one (1)
taxable year is subject to the following:
(1) The total amount of the taxpayer's credit under section 15 of
this chapter that may be assigned by the taxpayer with respect to
the taxable year may not exceed the product of:
(A) the total credit amount to which the taxpayer is entitled
under section 15 of this chapter, divided by twenty (20);
multiplied by
(B) the percentage of Indiana coal used in the taxpayer's
integrated coal gasification powerplant or fluidized bed
combustion technology in the taxable year for which the annual
installment of the credit is allowed.
(2) The part of the amount determined under subdivision (1) that
may be assigned to any one (1) utility with respect to the taxable
year may not exceed the greater of:
(A) the utility's total state tax liability for the taxable year,
multiplied by twenty-five percent (25%); or
(B) the utility's total utility receipts tax liability for the taxable
year.
(d) Any part of the taxpayer's credit under section 15 of this chapter
that is assigned to one (1) or more utilities by a taxpayer under this
section with respect to a taxable year may not be claimed by the
taxpayer or the taxpayer's shareholders, partners, or members.
However, any part of the credit to which the taxpayer is entitled under
section 15 of this chapter and that is not assigned by the taxpayer with
respect to the taxable year may be taken and applied by the taxpayer,
or the taxpayer's shareholders, partners, or members, in accordance
with sections 16 and 20 of this chapter.

Legislative History

As added by P.L.175-2007, SEC.7.