1 | 1 | | |
---|
2 | 2 | | Introduced Version |
---|
3 | 3 | | SENATE BILL No. 339 |
---|
4 | 4 | | _____ |
---|
5 | 5 | | DIGEST OF INTRODUCED BILL |
---|
6 | 6 | | Citations Affected: IC 6-3.1-43. |
---|
7 | 7 | | Synopsis: Caregiver tax credit. Provides that a qualified taxpayer is |
---|
8 | 8 | | entitled to a credit against the qualified taxpayer's state income tax |
---|
9 | 9 | | liability in a taxable year equal to the lesser of: (1) the value of |
---|
10 | 10 | | qualified services that the qualified taxpayer performed in the |
---|
11 | 11 | | immediately preceding taxable year; or (2) $10,000 (or $5,000 in the |
---|
12 | 12 | | case of a married individual filing a separate return). Provides that |
---|
13 | 13 | | "qualified services" means services, as determined by the office of the |
---|
14 | 14 | | secretary of family and social services (FSSA), that a qualified taxpayer |
---|
15 | 15 | | performs in caring for an ill or aging qualified family member that the |
---|
16 | 16 | | qualified taxpayer otherwise would have compensated a third-party |
---|
17 | 17 | | caregiver to perform. Provides that the term does not include services |
---|
18 | 18 | | that would otherwise be required to be performed by a licensed |
---|
19 | 19 | | physician, a licensed nurse, or other medical professional. Requires the |
---|
20 | 20 | | FSSA to: (1) develop criteria that a service must satisfy to be |
---|
21 | 21 | | considered a qualified service; (2) derive a formula, using published |
---|
22 | 22 | | industry data and standards, to determine the value of the qualified |
---|
23 | 23 | | services performed by a qualified taxpayer during a taxable year; and |
---|
24 | 24 | | (3) adopt any other guidelines necessary to allow or disallow a credit. |
---|
25 | 25 | | Requires a qualified taxpayer to submit to the FSSA all relevant |
---|
26 | 26 | | information regarding the performance of qualified services necessary |
---|
27 | 27 | | for the FSSA to determine the value of the qualified services. Requires |
---|
28 | 28 | | the FSSA to notify a qualified taxpayer in writing the value of the |
---|
29 | 29 | | services that the qualified taxpayer performed for purposes of claiming |
---|
30 | 30 | | the credit. |
---|
31 | 31 | | Effective: July 1, 2025. |
---|
32 | 32 | | Young M |
---|
33 | 33 | | January 13, 2025, read first time and referred to Committee on Appropriations. |
---|
34 | 34 | | 2025 IN 339—LS 7306/DI 134 Introduced |
---|
35 | 35 | | First Regular Session of the 124th General Assembly (2025) |
---|
36 | 36 | | PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana |
---|
37 | 37 | | Constitution) is being amended, the text of the existing provision will appear in this style type, |
---|
38 | 38 | | additions will appear in this style type, and deletions will appear in this style type. |
---|
39 | 39 | | Additions: Whenever a new statutory provision is being enacted (or a new constitutional |
---|
40 | 40 | | provision adopted), the text of the new provision will appear in this style type. Also, the |
---|
41 | 41 | | word NEW will appear in that style type in the introductory clause of each SECTION that adds |
---|
42 | 42 | | a new provision to the Indiana Code or the Indiana Constitution. |
---|
43 | 43 | | Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts |
---|
44 | 44 | | between statutes enacted by the 2024 Regular Session of the General Assembly. |
---|
45 | 45 | | SENATE BILL No. 339 |
---|
46 | 46 | | A BILL FOR AN ACT to amend the Indiana Code concerning |
---|
47 | 47 | | taxation. |
---|
48 | 48 | | Be it enacted by the General Assembly of the State of Indiana: |
---|
49 | 49 | | 1 SECTION 1. IC 6-3.1-43 IS ADDED TO THE INDIANA CODE |
---|
50 | 50 | | 2 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE |
---|
51 | 51 | | 3 JULY 1, 2025]: |
---|
52 | 52 | | 4 Chapter 43. Income Tax Credit for Family Caregivers |
---|
53 | 53 | | 5 Sec. 1. This chapter applies to taxable years beginning after |
---|
54 | 54 | | 6 December 31, 2025. |
---|
55 | 55 | | 7 Sec. 2. As used in this chapter, "FSSA" means the office of the |
---|
56 | 56 | | 8 secretary of family and social services. |
---|
57 | 57 | | 9 Sec. 3. As used in this chapter, "qualified family member" |
---|
58 | 58 | | 10 means a qualified taxpayer's spouse, child, grandchild, parent, or |
---|
59 | 59 | | 11 sibling. |
---|
60 | 60 | | 12 Sec. 4. (a) As used in this chapter, "qualified services" means |
---|
61 | 61 | | 13 services, as determined by the FSSA, that a qualified taxpayer |
---|
62 | 62 | | 14 performs in caring for an ill or aging qualified family member that |
---|
63 | 63 | | 15 the qualified taxpayer otherwise would have compensated a third |
---|
64 | 64 | | 16 party caregiver to perform. |
---|
65 | 65 | | 17 (b) The term does not include services that would otherwise be |
---|
66 | 66 | | 2025 IN 339—LS 7306/DI 134 2 |
---|
67 | 67 | | 1 required to be performed by a licensed physician, a licensed nurse, |
---|
68 | 68 | | 2 or other medical professional. |
---|
69 | 69 | | 3 Sec. 5. As used in this chapter, "qualified taxpayer" means an |
---|
70 | 70 | | 4 individual filing a single return, or a married couple filing a joint |
---|
71 | 71 | | 5 return, who: |
---|
72 | 72 | | 6 (1) is an Indiana resident; |
---|
73 | 73 | | 7 (2) performed qualified services during a taxable year; and |
---|
74 | 74 | | 8 (3) has state income tax liability. |
---|
75 | 75 | | 9 Sec. 6. As used in this chapter, "state income tax liability" |
---|
76 | 76 | | 10 means a taxpayer's adjusted gross income tax liability under |
---|
77 | 77 | | 11 IC 6-3. |
---|
78 | 78 | | 12 Sec. 7. (a) Before January 1, 2026, the FSSA shall: |
---|
79 | 79 | | 13 (1) develop criteria that a service must satisfy to be |
---|
80 | 80 | | 14 considered a qualified service for purposes of this chapter; |
---|
81 | 81 | | 15 (2) derive a formula, using published industry data and |
---|
82 | 82 | | 16 standards, to determine the value of the qualified services |
---|
83 | 83 | | 17 performed by a qualified taxpayer during a taxable year; and |
---|
84 | 84 | | 18 (3) adopt any other guidelines necessary to allow or disallow |
---|
85 | 85 | | 19 a credit under this section. |
---|
86 | 86 | | 20 (b) The FSSA shall update the criteria, formula, and guidelines |
---|
87 | 87 | | 21 described in subsection (a) as necessary. |
---|
88 | 88 | | 22 Sec. 8. Not later than January 31 of the year following the |
---|
89 | 89 | | 23 immediately preceding taxable year in which a qualified taxpayer |
---|
90 | 90 | | 24 performed qualified services, the qualified taxpayer shall submit |
---|
91 | 91 | | 25 to the FSSA all relevant information regarding the performance of |
---|
92 | 92 | | 26 the qualified services performed during the immediately preceding |
---|
93 | 93 | | 27 taxable year necessary for the FSSA to determine the value of the |
---|
94 | 94 | | 28 qualified services. |
---|
95 | 95 | | 29 Sec. 9. Not later than March 31 of the year following the |
---|
96 | 96 | | 30 immediately preceding taxable year in which a qualified taxpayer |
---|
97 | 97 | | 31 performed qualified services, the FSSA shall notify a qualified |
---|
98 | 98 | | 32 taxpayer in writing the value of the services, as determined under |
---|
99 | 99 | | 33 section 7(a)(2) of this chapter, that the qualified taxpayer |
---|
100 | 100 | | 34 performed in the immediately preceding taxable year for purposes |
---|
101 | 101 | | 35 of claiming the credit under this chapter. |
---|
102 | 102 | | 36 Sec. 10. (a) Subject to subsection (b), a taxpayer is entitled to a |
---|
103 | 103 | | 37 credit against the taxpayer's state income tax liability in a taxable |
---|
104 | 104 | | 38 year equal to the lesser of the following: |
---|
105 | 105 | | 39 (1) The value of the services, as determined by the FSSA |
---|
106 | 106 | | 40 under section 7(a)(2) of this chapter, that the qualified |
---|
107 | 107 | | 41 taxpayer performed in the immediately preceding taxable |
---|
108 | 108 | | 42 year. |
---|
109 | 109 | | 2025 IN 339—LS 7306/DI 134 3 |
---|
110 | 110 | | 1 (2) Ten thousand dollars ($10,000), or five thousand dollars |
---|
111 | 111 | | 2 ($5,000) in the case of a married individual filing a separate |
---|
112 | 112 | | 3 return. |
---|
113 | 113 | | 4 (b) A credit awarded under this chapter may not exceed the |
---|
114 | 114 | | 5 taxpayer's state income tax liability. |
---|
115 | 115 | | 6 Sec. 11. To obtain a credit under this chapter, a taxpayer must |
---|
116 | 116 | | 7 claim the credit in the manner prescribed by the department. The |
---|
117 | 117 | | 8 taxpayer shall submit to the department proof of the taxpayer's |
---|
118 | 118 | | 9 qualified expenses and all other information that the department |
---|
119 | 119 | | 10 determines is necessary. |
---|
120 | 120 | | 11 Sec. 12. A taxpayer is not entitled to any carryover, carryback, |
---|
121 | 121 | | 12 or refund of any unused credit. |
---|
122 | 122 | | 2025 IN 339—LS 7306/DI 134 |
---|