Indiana 2025 Regular Session

Indiana Senate Bill SB0339 Compare Versions

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22 Introduced Version
33 SENATE BILL No. 339
44 _____
55 DIGEST OF INTRODUCED BILL
66 Citations Affected: IC 6-3.1-43.
77 Synopsis: Caregiver tax credit. Provides that a qualified taxpayer is
88 entitled to a credit against the qualified taxpayer's state income tax
99 liability in a taxable year equal to the lesser of: (1) the value of
1010 qualified services that the qualified taxpayer performed in the
1111 immediately preceding taxable year; or (2) $10,000 (or $5,000 in the
1212 case of a married individual filing a separate return). Provides that
1313 "qualified services" means services, as determined by the office of the
1414 secretary of family and social services (FSSA), that a qualified taxpayer
1515 performs in caring for an ill or aging qualified family member that the
1616 qualified taxpayer otherwise would have compensated a third-party
1717 caregiver to perform. Provides that the term does not include services
1818 that would otherwise be required to be performed by a licensed
1919 physician, a licensed nurse, or other medical professional. Requires the
2020 FSSA to: (1) develop criteria that a service must satisfy to be
2121 considered a qualified service; (2) derive a formula, using published
2222 industry data and standards, to determine the value of the qualified
2323 services performed by a qualified taxpayer during a taxable year; and
2424 (3) adopt any other guidelines necessary to allow or disallow a credit.
2525 Requires a qualified taxpayer to submit to the FSSA all relevant
2626 information regarding the performance of qualified services necessary
2727 for the FSSA to determine the value of the qualified services. Requires
2828 the FSSA to notify a qualified taxpayer in writing the value of the
2929 services that the qualified taxpayer performed for purposes of claiming
3030 the credit.
3131 Effective: July 1, 2025.
3232 Young M
3333 January 13, 2025, read first time and referred to Committee on Appropriations.
3434 2025 IN 339—LS 7306/DI 134 Introduced
3535 First Regular Session of the 124th General Assembly (2025)
3636 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
3737 Constitution) is being amended, the text of the existing provision will appear in this style type,
3838 additions will appear in this style type, and deletions will appear in this style type.
3939 Additions: Whenever a new statutory provision is being enacted (or a new constitutional
4040 provision adopted), the text of the new provision will appear in this style type. Also, the
4141 word NEW will appear in that style type in the introductory clause of each SECTION that adds
4242 a new provision to the Indiana Code or the Indiana Constitution.
4343 Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
4444 between statutes enacted by the 2024 Regular Session of the General Assembly.
4545 SENATE BILL No. 339
4646 A BILL FOR AN ACT to amend the Indiana Code concerning
4747 taxation.
4848 Be it enacted by the General Assembly of the State of Indiana:
4949 1 SECTION 1. IC 6-3.1-43 IS ADDED TO THE INDIANA CODE
5050 2 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
5151 3 JULY 1, 2025]:
5252 4 Chapter 43. Income Tax Credit for Family Caregivers
5353 5 Sec. 1. This chapter applies to taxable years beginning after
5454 6 December 31, 2025.
5555 7 Sec. 2. As used in this chapter, "FSSA" means the office of the
5656 8 secretary of family and social services.
5757 9 Sec. 3. As used in this chapter, "qualified family member"
5858 10 means a qualified taxpayer's spouse, child, grandchild, parent, or
5959 11 sibling.
6060 12 Sec. 4. (a) As used in this chapter, "qualified services" means
6161 13 services, as determined by the FSSA, that a qualified taxpayer
6262 14 performs in caring for an ill or aging qualified family member that
6363 15 the qualified taxpayer otherwise would have compensated a third
6464 16 party caregiver to perform.
6565 17 (b) The term does not include services that would otherwise be
6666 2025 IN 339—LS 7306/DI 134 2
6767 1 required to be performed by a licensed physician, a licensed nurse,
6868 2 or other medical professional.
6969 3 Sec. 5. As used in this chapter, "qualified taxpayer" means an
7070 4 individual filing a single return, or a married couple filing a joint
7171 5 return, who:
7272 6 (1) is an Indiana resident;
7373 7 (2) performed qualified services during a taxable year; and
7474 8 (3) has state income tax liability.
7575 9 Sec. 6. As used in this chapter, "state income tax liability"
7676 10 means a taxpayer's adjusted gross income tax liability under
7777 11 IC 6-3.
7878 12 Sec. 7. (a) Before January 1, 2026, the FSSA shall:
7979 13 (1) develop criteria that a service must satisfy to be
8080 14 considered a qualified service for purposes of this chapter;
8181 15 (2) derive a formula, using published industry data and
8282 16 standards, to determine the value of the qualified services
8383 17 performed by a qualified taxpayer during a taxable year; and
8484 18 (3) adopt any other guidelines necessary to allow or disallow
8585 19 a credit under this section.
8686 20 (b) The FSSA shall update the criteria, formula, and guidelines
8787 21 described in subsection (a) as necessary.
8888 22 Sec. 8. Not later than January 31 of the year following the
8989 23 immediately preceding taxable year in which a qualified taxpayer
9090 24 performed qualified services, the qualified taxpayer shall submit
9191 25 to the FSSA all relevant information regarding the performance of
9292 26 the qualified services performed during the immediately preceding
9393 27 taxable year necessary for the FSSA to determine the value of the
9494 28 qualified services.
9595 29 Sec. 9. Not later than March 31 of the year following the
9696 30 immediately preceding taxable year in which a qualified taxpayer
9797 31 performed qualified services, the FSSA shall notify a qualified
9898 32 taxpayer in writing the value of the services, as determined under
9999 33 section 7(a)(2) of this chapter, that the qualified taxpayer
100100 34 performed in the immediately preceding taxable year for purposes
101101 35 of claiming the credit under this chapter.
102102 36 Sec. 10. (a) Subject to subsection (b), a taxpayer is entitled to a
103103 37 credit against the taxpayer's state income tax liability in a taxable
104104 38 year equal to the lesser of the following:
105105 39 (1) The value of the services, as determined by the FSSA
106106 40 under section 7(a)(2) of this chapter, that the qualified
107107 41 taxpayer performed in the immediately preceding taxable
108108 42 year.
109109 2025 IN 339—LS 7306/DI 134 3
110110 1 (2) Ten thousand dollars ($10,000), or five thousand dollars
111111 2 ($5,000) in the case of a married individual filing a separate
112112 3 return.
113113 4 (b) A credit awarded under this chapter may not exceed the
114114 5 taxpayer's state income tax liability.
115115 6 Sec. 11. To obtain a credit under this chapter, a taxpayer must
116116 7 claim the credit in the manner prescribed by the department. The
117117 8 taxpayer shall submit to the department proof of the taxpayer's
118118 9 qualified expenses and all other information that the department
119119 10 determines is necessary.
120120 11 Sec. 12. A taxpayer is not entitled to any carryover, carryback,
121121 12 or refund of any unused credit.
122122 2025 IN 339—LS 7306/DI 134