Indiana 2025 Regular Session

Indiana Senate Bill SB0154 Compare Versions

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22 Introduced Version
33 SENATE BILL No. 154
44 _____
55 DIGEST OF INTRODUCED BILL
66 Citations Affected: IC 6-3.
77 Synopsis: Various tax matters. Increases the maximum amount of the
88 income tax credit for an individual employed as a teacher for amounts
99 expended for classroom supplies from $100 to $500 per taxable year.
1010 Adds students who attend public schools for purposes of eligibility for
1111 the unreimbursed education expenditure tax deduction. Provides that
1212 the amount of the deduction is the lesser of: (1) $1,000 multiplied by
1313 the number of the taxpayer's dependent children for whom the taxpayer
1414 made education expenditures in the taxable year; or (2) the total
1515 amount of actual unreimbursed education expenditures that the
1616 taxpayer incurs for each of the taxpayer's dependent children in the
1717 taxable year. (Under current law, the amount is $1,000 multiplied by
1818 the number of the taxpayer's dependent children for whom the taxpayer
1919 made education expenditures in the taxable year.) Defines "public
2020 school".
2121 Effective: January 1, 2025 (retroactive).
2222 Randolph Lonnie M
2323 January 8, 2025, read first time and referred to Committee on Tax and Fiscal Policy.
2424 2025 IN 154—LS 6603/DI 120 Introduced
2525 First Regular Session of the 124th General Assembly (2025)
2626 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
2727 Constitution) is being amended, the text of the existing provision will appear in this style type,
2828 additions will appear in this style type, and deletions will appear in this style type.
2929 Additions: Whenever a new statutory provision is being enacted (or a new constitutional
3030 provision adopted), the text of the new provision will appear in this style type. Also, the
3131 word NEW will appear in that style type in the introductory clause of each SECTION that adds
3232 a new provision to the Indiana Code or the Indiana Constitution.
3333 Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
3434 between statutes enacted by the 2024 Regular Session of the General Assembly.
3535 SENATE BILL No. 154
3636 A BILL FOR AN ACT to amend the Indiana Code concerning
3737 taxation.
3838 Be it enacted by the General Assembly of the State of Indiana:
3939 1 SECTION 1. IC 6-3-2-22, AS AMENDED BY P.L.92-2020,
4040 2 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
4141 3 JANUARY 1, 2025 (RETROACTIVE)]: Sec. 22. (a) The following
4242 4 definitions apply throughout this section:
4343 5 (1) "Dependent child" means an individual who:
4444 6 (A) is eligible to receive a free elementary or high school
4545 7 education in an Indiana school corporation;
4646 8 (B) qualifies as a dependent (as defined in Section 152 of the
4747 9 Internal Revenue Code) of the taxpayer; and
4848 10 (C) is the natural or adopted child of the taxpayer or, if custody
4949 11 of the child has been awarded in a court proceeding to
5050 12 someone other than the mother or father, the court appointed
5151 13 guardian or custodian of the child.
5252 14 If the parents of a child are divorced, the term refers to the parent
5353 15 who is eligible to take the exemption for the child under Section
5454 16 151 of the Internal Revenue Code.
5555 17 (2) "Education expenditure" refers to any expenditures made in
5656 2025 IN 154—LS 6603/DI 120 2
5757 1 connection with enrollment, attendance, or participation of the
5858 2 taxpayer's dependent child in a public school or private
5959 3 elementary or high school education program. The term includes
6060 4 tuition, fees, computer software, textbooks, workbooks, curricula,
6161 5 school supplies, (other than personal computers), and other
6262 6 written materials used primarily for academic instruction or for
6363 7 academic tutoring, or both.
6464 8 (3) "Private elementary or high school education program" means
6565 9 attendance at:
6666 10 (A) a nonpublic school (as defined in IC 20-18-2-12); or
6767 11 (B) a state accredited nonpublic school (as defined in
6868 12 IC 20-18-2-18.7);
6969 13 in Indiana that satisfies a child's obligation under IC 20-33-2 for
7070 14 compulsory attendance at a school. The term does not include the
7171 15 delivery of instructional service in a home setting to a dependent
7272 16 child who is enrolled in a school corporation or a charter school.
7373 17 (4) "Public school" means attendance at:
7474 18 (A) a public school (as defined in IC 20-18-2-15); or
7575 19 (B) a charter school (as defined in IC 20-24-1-4);
7676 20 in Indiana that satisfies a child's obligation under IC 20-33-2
7777 21 for compulsory attendance at a school.
7878 22 (b) This section applies to taxable years beginning after December
7979 23 31, 2010.
8080 24 (c) A taxpayer who makes an unreimbursed education expenditure
8181 25 during the taxpayer's taxable year is entitled to a deduction against the
8282 26 taxpayer's adjusted gross income in the taxable year.
8383 27 (d) The amount of the deduction is equal to the lesser of the
8484 28 following:
8585 29 (1) The product of:
8686 30 (A) one thousand dollars ($1,000); multiplied by
8787 31 (2) (B) the number of the taxpayer's dependent children for
8888 32 whom the taxpayer made education expenditures in the taxable
8989 33 year.
9090 34 (2) The total amount of actual unreimbursed education
9191 35 expenditures that the taxpayer incurs for each of the
9292 36 taxpayer's dependent children in the taxable year.
9393 37 A husband and wife are entitled to only one (1) deduction under this
9494 38 section.
9595 39 (e) To receive the deduction provided by this section, a taxpayer
9696 40 must claim the deduction on the taxpayer's annual state tax return or
9797 41 returns in the manner prescribed by the department.
9898 42 SECTION 2. IC 6-3-3-14.5, AS ADDED BY P.L.213-2015,
9999 2025 IN 154—LS 6603/DI 120 3
100100 1 SECTION 82, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
101101 2 JANUARY 1, 2025 (RETROACTIVE)]: Sec. 14.5. (a) As used in this
102102 3 section, "classroom supplies" means any items that qualify for the
103103 4 educator expense deduction under Section 62(a)(2)(D) of the Internal
104104 5 Revenue Code. (as effective December 31, 2013).
105105 6 (b) Each taxable year, an individual employed as a teacher (as
106106 7 defined in IC 20-18-2-22(a)) is entitled to a credit against the
107107 8 individual's adjusted gross income tax liability for amounts expended
108108 9 during the taxable year for classroom supplies. The amount of the
109109 10 credit is the lesser of:
110110 11 (1) one five hundred dollars ($100); ($500); or
111111 12 (2) the total amount expended for classroom supplies during a
112112 13 taxable year.
113113 14 (c) The credit provided by this section may not exceed the amount
114114 15 of the individual's adjusted gross income tax liability for the taxable
115115 16 year, reduced by the sum of all credits for the taxable year that are
116116 17 applied before the application of the credit provided by this section.
117117 18 The amount of any unused credit under this section for a taxable year
118118 19 may not be carried forward to a succeeding taxable year, carried back
119119 20 to a preceding taxable year, or refunded.
120120 21 SECTION 3. [EFFECTIVE JANUARY 1, 2025 (RETROACTIVE)]
121121 22 (a) IC 6-3-2-22 and IC 6-3-3-14.5, both as amended by this act,
122122 23 apply to taxable years beginning after December 31, 2024.
123123 24 (b) This SECTION expires June 30, 2028.
124124 25 SECTION 4. An emergency is declared for this act.
125125 2025 IN 154—LS 6603/DI 120