1 | 1 | | |
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2 | 2 | | Introduced Version |
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3 | 3 | | SENATE BILL No. 154 |
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4 | 4 | | _____ |
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5 | 5 | | DIGEST OF INTRODUCED BILL |
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6 | 6 | | Citations Affected: IC 6-3. |
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7 | 7 | | Synopsis: Various tax matters. Increases the maximum amount of the |
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8 | 8 | | income tax credit for an individual employed as a teacher for amounts |
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9 | 9 | | expended for classroom supplies from $100 to $500 per taxable year. |
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10 | 10 | | Adds students who attend public schools for purposes of eligibility for |
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11 | 11 | | the unreimbursed education expenditure tax deduction. Provides that |
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12 | 12 | | the amount of the deduction is the lesser of: (1) $1,000 multiplied by |
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13 | 13 | | the number of the taxpayer's dependent children for whom the taxpayer |
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14 | 14 | | made education expenditures in the taxable year; or (2) the total |
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15 | 15 | | amount of actual unreimbursed education expenditures that the |
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16 | 16 | | taxpayer incurs for each of the taxpayer's dependent children in the |
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17 | 17 | | taxable year. (Under current law, the amount is $1,000 multiplied by |
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18 | 18 | | the number of the taxpayer's dependent children for whom the taxpayer |
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19 | 19 | | made education expenditures in the taxable year.) Defines "public |
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20 | 20 | | school". |
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21 | 21 | | Effective: January 1, 2025 (retroactive). |
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22 | 22 | | Randolph Lonnie M |
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23 | 23 | | January 8, 2025, read first time and referred to Committee on Tax and Fiscal Policy. |
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24 | 24 | | 2025 IN 154—LS 6603/DI 120 Introduced |
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25 | 25 | | First Regular Session of the 124th General Assembly (2025) |
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26 | 26 | | PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana |
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27 | 27 | | Constitution) is being amended, the text of the existing provision will appear in this style type, |
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28 | 28 | | additions will appear in this style type, and deletions will appear in this style type. |
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29 | 29 | | Additions: Whenever a new statutory provision is being enacted (or a new constitutional |
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30 | 30 | | provision adopted), the text of the new provision will appear in this style type. Also, the |
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31 | 31 | | word NEW will appear in that style type in the introductory clause of each SECTION that adds |
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32 | 32 | | a new provision to the Indiana Code or the Indiana Constitution. |
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33 | 33 | | Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts |
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34 | 34 | | between statutes enacted by the 2024 Regular Session of the General Assembly. |
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35 | 35 | | SENATE BILL No. 154 |
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36 | 36 | | A BILL FOR AN ACT to amend the Indiana Code concerning |
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37 | 37 | | taxation. |
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38 | 38 | | Be it enacted by the General Assembly of the State of Indiana: |
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39 | 39 | | 1 SECTION 1. IC 6-3-2-22, AS AMENDED BY P.L.92-2020, |
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40 | 40 | | 2 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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41 | 41 | | 3 JANUARY 1, 2025 (RETROACTIVE)]: Sec. 22. (a) The following |
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42 | 42 | | 4 definitions apply throughout this section: |
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43 | 43 | | 5 (1) "Dependent child" means an individual who: |
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44 | 44 | | 6 (A) is eligible to receive a free elementary or high school |
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45 | 45 | | 7 education in an Indiana school corporation; |
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46 | 46 | | 8 (B) qualifies as a dependent (as defined in Section 152 of the |
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47 | 47 | | 9 Internal Revenue Code) of the taxpayer; and |
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48 | 48 | | 10 (C) is the natural or adopted child of the taxpayer or, if custody |
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49 | 49 | | 11 of the child has been awarded in a court proceeding to |
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50 | 50 | | 12 someone other than the mother or father, the court appointed |
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51 | 51 | | 13 guardian or custodian of the child. |
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52 | 52 | | 14 If the parents of a child are divorced, the term refers to the parent |
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53 | 53 | | 15 who is eligible to take the exemption for the child under Section |
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54 | 54 | | 16 151 of the Internal Revenue Code. |
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55 | 55 | | 17 (2) "Education expenditure" refers to any expenditures made in |
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56 | 56 | | 2025 IN 154—LS 6603/DI 120 2 |
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57 | 57 | | 1 connection with enrollment, attendance, or participation of the |
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58 | 58 | | 2 taxpayer's dependent child in a public school or private |
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59 | 59 | | 3 elementary or high school education program. The term includes |
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60 | 60 | | 4 tuition, fees, computer software, textbooks, workbooks, curricula, |
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61 | 61 | | 5 school supplies, (other than personal computers), and other |
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62 | 62 | | 6 written materials used primarily for academic instruction or for |
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63 | 63 | | 7 academic tutoring, or both. |
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64 | 64 | | 8 (3) "Private elementary or high school education program" means |
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65 | 65 | | 9 attendance at: |
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66 | 66 | | 10 (A) a nonpublic school (as defined in IC 20-18-2-12); or |
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67 | 67 | | 11 (B) a state accredited nonpublic school (as defined in |
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68 | 68 | | 12 IC 20-18-2-18.7); |
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69 | 69 | | 13 in Indiana that satisfies a child's obligation under IC 20-33-2 for |
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70 | 70 | | 14 compulsory attendance at a school. The term does not include the |
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71 | 71 | | 15 delivery of instructional service in a home setting to a dependent |
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72 | 72 | | 16 child who is enrolled in a school corporation or a charter school. |
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73 | 73 | | 17 (4) "Public school" means attendance at: |
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74 | 74 | | 18 (A) a public school (as defined in IC 20-18-2-15); or |
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75 | 75 | | 19 (B) a charter school (as defined in IC 20-24-1-4); |
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76 | 76 | | 20 in Indiana that satisfies a child's obligation under IC 20-33-2 |
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77 | 77 | | 21 for compulsory attendance at a school. |
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78 | 78 | | 22 (b) This section applies to taxable years beginning after December |
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79 | 79 | | 23 31, 2010. |
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80 | 80 | | 24 (c) A taxpayer who makes an unreimbursed education expenditure |
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81 | 81 | | 25 during the taxpayer's taxable year is entitled to a deduction against the |
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82 | 82 | | 26 taxpayer's adjusted gross income in the taxable year. |
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83 | 83 | | 27 (d) The amount of the deduction is equal to the lesser of the |
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84 | 84 | | 28 following: |
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85 | 85 | | 29 (1) The product of: |
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86 | 86 | | 30 (A) one thousand dollars ($1,000); multiplied by |
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87 | 87 | | 31 (2) (B) the number of the taxpayer's dependent children for |
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88 | 88 | | 32 whom the taxpayer made education expenditures in the taxable |
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89 | 89 | | 33 year. |
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90 | 90 | | 34 (2) The total amount of actual unreimbursed education |
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91 | 91 | | 35 expenditures that the taxpayer incurs for each of the |
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92 | 92 | | 36 taxpayer's dependent children in the taxable year. |
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93 | 93 | | 37 A husband and wife are entitled to only one (1) deduction under this |
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94 | 94 | | 38 section. |
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95 | 95 | | 39 (e) To receive the deduction provided by this section, a taxpayer |
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96 | 96 | | 40 must claim the deduction on the taxpayer's annual state tax return or |
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97 | 97 | | 41 returns in the manner prescribed by the department. |
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98 | 98 | | 42 SECTION 2. IC 6-3-3-14.5, AS ADDED BY P.L.213-2015, |
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99 | 99 | | 2025 IN 154—LS 6603/DI 120 3 |
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100 | 100 | | 1 SECTION 82, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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101 | 101 | | 2 JANUARY 1, 2025 (RETROACTIVE)]: Sec. 14.5. (a) As used in this |
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102 | 102 | | 3 section, "classroom supplies" means any items that qualify for the |
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103 | 103 | | 4 educator expense deduction under Section 62(a)(2)(D) of the Internal |
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104 | 104 | | 5 Revenue Code. (as effective December 31, 2013). |
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105 | 105 | | 6 (b) Each taxable year, an individual employed as a teacher (as |
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106 | 106 | | 7 defined in IC 20-18-2-22(a)) is entitled to a credit against the |
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107 | 107 | | 8 individual's adjusted gross income tax liability for amounts expended |
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108 | 108 | | 9 during the taxable year for classroom supplies. The amount of the |
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109 | 109 | | 10 credit is the lesser of: |
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110 | 110 | | 11 (1) one five hundred dollars ($100); ($500); or |
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111 | 111 | | 12 (2) the total amount expended for classroom supplies during a |
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112 | 112 | | 13 taxable year. |
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113 | 113 | | 14 (c) The credit provided by this section may not exceed the amount |
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114 | 114 | | 15 of the individual's adjusted gross income tax liability for the taxable |
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115 | 115 | | 16 year, reduced by the sum of all credits for the taxable year that are |
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116 | 116 | | 17 applied before the application of the credit provided by this section. |
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117 | 117 | | 18 The amount of any unused credit under this section for a taxable year |
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118 | 118 | | 19 may not be carried forward to a succeeding taxable year, carried back |
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119 | 119 | | 20 to a preceding taxable year, or refunded. |
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120 | 120 | | 21 SECTION 3. [EFFECTIVE JANUARY 1, 2025 (RETROACTIVE)] |
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121 | 121 | | 22 (a) IC 6-3-2-22 and IC 6-3-3-14.5, both as amended by this act, |
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122 | 122 | | 23 apply to taxable years beginning after December 31, 2024. |
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123 | 123 | | 24 (b) This SECTION expires June 30, 2028. |
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124 | 124 | | 25 SECTION 4. An emergency is declared for this act. |
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125 | 125 | | 2025 IN 154—LS 6603/DI 120 |
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