As Introduced 136th General Assembly Regular Session S. B. No. 129 2025-2026 Senator Koehler Cosponsors: Senators Lang, Romanchuk To amend sections 5725.98, 5726.98, 5729.98, 5747.98, and 5751.98 and to enact sections 5725.39, 5726.62, 5727.242, 5727.301, 5729.22, 5736.51, 5747.74, and 5751.56 of the Revised Code to authorize a refundable tax credit for a portion of employer group health plan premiums. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: Section 1. That sections 5725.98, 5726.98, 5729.98, 5747.98, and 5751.98 be amended and sections 5725.39, 5726.62, 5727.242, 5727.301, 5729.22, 5736.51, 5747.74, and 5751.56 of the Revised Code be enacted to read as follows: Sec. 5725.39. (A) As used in this section: (1) "Health benefit plan," "basic health care services," and "resident" have the same meanings as in section 5751.56 of the Revised Code. (2) "Taxpayer" means a domestic insurance company subject to the tax imposed under section 5725.18 of the Revised Code. (B) There is allowed a refundable credit against the tax imposed by section 5725.18 of the Revised Code for a taxpayer that purchases a group health benefit plan that provides 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 S. B. No. 129 Page 2 As Introduced coverage for basic health care services to one or more of the taxpayer's employees who are residents. The credit shall equal one and three-tenths per cent of the portion of the premiums paid by the taxpayer during the calendar year to purchase such a plan for the taxpayer's employees who are residents. No person shall claim the credit authorized by this section based on coverage provided through a program of self-insurance. The credit shall be claimed in the order required under section 5725.98 of the Revised Code. If the credit amount exceeds the tax otherwise due under section 5725.18 of the Revised Code after deducting all other credits in that order, the excess shall be refunded to the taxpayer. No credit shall be allowed under this section on the basis of group health benefit plan premiums if those premiums are the basis of a credit claimed under section 5726.62, 5727.242, 5727.301, 5729.22, 5736.51, 5747.74, or 5751.56 of the Revised Code. Sec. 5725.98. (A) To provide a uniform procedure for calculating the amount of tax imposed by section 5725.18 of the Revised Code that is due under this chapter, a taxpayer shall claim any credits and offsets against tax liability to which it is entitled in the following order: The credit for an insurance company or insurance company group under section 5729.031 of the Revised Code; The credit for eligible employee training costs under section 5725.31 of the Revised Code; The credit for purchasers of qualified low-income community investments under section 5725.33 of the Revised Code; The nonrefundable job retention credit under division (B) 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 S. B. No. 129 Page 3 As Introduced of section 122.171 of the Revised Code; The nonrefundable credit for investments in rural business growth funds under section 122.152 of the Revised Code; The nonrefundable Ohio low-income housing tax credit under section 5725.36 of the Revised Code; The nonrefundable affordable single-family home credit under section 5725.37 of the Revised Code; The nonrefundable credit for contributing capital to a transformational mixed use development project under section 5725.35 of the Revised Code; The nonrefundable opportunity zone investment credit under section 5725.38 of the Revised Code; The offset of assessments by the Ohio life and health insurance guaranty association permitted by section 3956.20 of the Revised Code; The refundable credit for rehabilitating a historic building under section 5725.34 of the Revised Code; The refundable credit for Ohio job retention under former division (B)(2) or (3) of section 122.171 of the Revised Code as those divisions existed before September 29, 2015, the effective date of the amendment of this section by H.B. 64 of the 131st general assembly; The refundable credit for Ohio job creation under section 5725.32 of the Revised Code; The refundable credit under section 5725.19 of the Revised Code for losses on loans made under the Ohio venture capital program under sections 150.01 to 150.10 of the Revised Code ; 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 S. B. No. 129 Page 4 As Introduced The refundable credit for employer health benefit plan premiums under section 5725.39 of the Revised Code . (B) For any credit except the refundable credits enumerated in this section, the amount of the credit for a taxable year shall not exceed the tax due after allowing for any other credit that precedes it in the order required under this section. Any excess amount of a particular credit may be carried forward if authorized under the section creating that credit. Nothing in this chapter shall be construed to allow a taxpayer to claim, directly or indirectly, a credit more than once for a taxable year. Sec. 5726.62. (A) As used in this section, "health benefit plan," "basic health care services," and "resident" have the same meanings as in section 5751.56 of the Revised Code. (B) There is allowed a refundable credit against the tax imposed by section 5726.02 of the Revised Code for a taxpayer that purchases a group health benefit plan that provides coverage for basic health care services to one or more of the taxpayer's employees who are residents. The credit shall equal one and three-tenths per cent of the portion of the premiums paid by the taxpayer during the taxable year to purchase such a plan for the taxpayer's employees who are residents. No person shall claim the credit authorized by this section based on coverage provided through a program of self-insurance. The credit shall be claimed in the order required under section 5726.98 of the Revised Code. If the credit amount exceeds the tax otherwise due under section 5726.02 of the Revised Code after deducting all other credits in that order, the excess shall be refunded to the taxpayer. 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 S. B. No. 129 Page 5 As Introduced No credit shall be allowed under this section on the basis of group health benefit plan premiums if those premiums are the basis of a credit claimed under section 5725.39, 5727.242, 5727.301, 5729.22, 5736.51, 5747.74, or 5751.56 of the Revised Code. Sec. 5726.98. (A) To provide a uniform procedure for calculating the amount of tax due under section 5726.02 of the Revised Code, a taxpayer shall claim any credits to which the taxpayer is entitled under this chapter in the following order: The nonrefundable job retention credit under division (B) of section 5726.50 of the Revised Code; The nonrefundable credit for purchases of qualified low- income community investments under section 5726.54 of the Revised Code; The nonrefundable credit for qualified research expenses under section 5726.56 of the Revised Code; The nonrefundable credit for qualifying dealer in intangibles taxes under section 5726.57 of the Revised Code; The nonrefundable Ohio low-income housing tax credit under section 5726.58 of the Revised Code; The nonrefundable affordable single-family home credit under section 5726.60 of the Revised Code; The nonrefundable welcome home Ohio (WHO) program credit under section 122.633 of the Revised Code; The nonrefundable opportunity zone investment credit under section 5726.61 of the Revised Code; The refundable credit for rehabilitating an historic 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 S. B. No. 129 Page 6 As Introduced building under section 5726.52 of the Revised Code; The refundable job retention or job creation credit under division (A) of section 5726.50 of the Revised Code; The refundable credit under section 5726.53 of the Revised Code for losses on loans made under the Ohio venture capital program under sections 150.01 to 150.10 of the Revised Code; The refundable motion picture and broadway theatrical production credit under section 5726.55 of the Revised Code; The refundable credit for film and theater capital improvement projects under section 5726.59 of the Revised Code ; The refundable credit for employer health benefit plan premiums under section 5726.62 of the Revised Code . (B) For any credit except the refundable credits enumerated in this section, the amount of the credit for a taxable year shall not exceed the tax due after allowing for any other credit that precedes it in the order required under this section. Any excess amount of a particular credit may be carried forward if authorized under the section creating that credit. Nothing in this chapter shall be construed to allow a taxpayer to claim, directly or indirectly, a credit more than once for a taxable year. Sec. 5727.242. (A) As used in this section: (1) "Health benefit plan," "basic health care services," and "resident" have the same meanings as in section 5751.56 of the Revised Code. (2) "Taxpayer" means a person subject to the tax imposed by section 5727.24 of the Revised Code. 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 S. B. No. 129 Page 7 As Introduced (B) There is hereby allowed a refundable credit against the tax imposed by section 5727.24 of the Revised Code for a taxpayer that purchases a group health benefit plan that provides coverage for basic health care services to one or more of the taxpayer's employees who are residents. The credit shall equal one and three-tenths per cent of the portion of the premiums paid by the taxpayer during the calendar quarter or calendar year, as applicable, to purchase such a plan for the taxpayer's employees who are residents. No person shall claim the credit authorized by this section based on coverage provided through a program of self-insurance. The taxpayer shall claim the credit after the credit authorized in sections 5727.241 and 5727.291 of the Revised Code. Any credit amount in excess of the taxpayer's tax liability shall be refunded to the taxpayer. No credit shall be allowed under this section on the basis of group health benefit plan premiums if those premiums are the basis of a credit claimed under section 5725.39, 5726.62, 5727.301, 5729.22, 5736.51, 5747.74, or 5751.56 of the Revised Code. Sec. 5727.301. (A) As used in this section: (1) "Health benefit plan," "basic health care services," and "resident" have the same meanings as in section 5751.56 of the Revised Code. (2) "Taxpayer" means a person subject to the tax imposed by section 5727.30 of the Revised Code. (B) There is hereby allowed a refundable credit against the tax imposed by section 5727.30 of the Revised Code for a taxpayer that purchases a group health benefit plan that 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 S. B. No. 129 Page 8 As Introduced provides coverage for basic health care services to one or more of the taxpayer's employees who are residents. The credit shall equal one and three-tenths per cent of the portion of the premiums paid by the taxpayer during the calendar year to purchase such a plan for the taxpayer's employees who are residents. No person shall claim the credit authorized by this section based on coverage provided through a program of self- insurance. The taxpayer shall claim the credit after the credit authorized in section 5727.29 of the Revised Code. Any credit amount in excess of the taxpayer's tax liability shall be refunded to the taxpayer. No credit shall be allowed under this section on the basis of group health benefit plan premiums if those premiums are the basis of a credit claimed under section 5725.39, 5726.62, 5727.242, 5729.22, 5736.51, 5747.74, or 5751.56 of the Revised Code. Sec. 5729.22. (A) As used in this section: (1) "Health benefit plan," "basic health care services," and "resident" have the same meanings as in section 5751.56 of the Revised Code. (2) "Taxpayer" means a foreign insurance company subject to the tax imposed by section 5729.03 of the Revised Code. (B) There is allowed a refundable credit against the tax imposed by section 5729.03 of the Revised Code for a taxpayer that purchases a group health benefit plan that provides coverage for basic health care services to one or more of the taxpayer's employees who are residents. The credit shall equal one and three-tenths per cent of the portion of the premiums 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 S. B. No. 129 Page 9 As Introduced paid by the taxpayer during the calendar year to purchase such a plan for the taxpayer's employees who are residents. No person shall claim the credit authorized by this section based on coverage provided through a program of self-insurance. The credit shall be claimed in the order required under section 5729.98 of the Revised Code. If the credit amount exceeds the tax otherwise due under section 5729.03 of the Revised Code after deducting all other credits in that order, the excess shall be refunded to the taxpayer. No credit shall be allowed under this section on the basis of group health benefit plan premiums if those premiums are the basis of a credit claimed under section 5726.39, 5726.62, 5727.242, 5727.301, 5736.51, 5747.74, or 5751.56 of the Revised Code. Sec. 5729.98. (A) To provide a uniform procedure for calculating the amount of tax due under this chapter, a taxpayer shall claim any credits and offsets against tax liability to which it is entitled in the following order: The credit for an insurance company or insurance company group under section 5729.031 of the Revised Code; The credit for eligible employee training costs under section 5729.07 of the Revised Code; The credit for purchases of qualified low-income community investments under section 5729.16 of the Revised Code; The nonrefundable job retention credit under division (B) of section 122.171 of the Revised Code; The nonrefundable credit for investments in rural business growth funds under section 122.152 of the Revised Code; 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 S. B. No. 129 Page 10 As Introduced The nonrefundable Ohio low-income housing tax credit under section 5729.19 of the Revised Code; The nonrefundable affordable single-family home credit under section 5729.20 of the Revised Code; The nonrefundable credit for contributing capital to a transformational mixed use development project under section 5729.18 of the Revised Code; The nonrefundable opportunity zone investment credit under section 5729.21 of the Revised Code; The offset of assessments by the Ohio life and health insurance guaranty association against tax liability permitted by section 3956.20 of the Revised Code; The refundable credit for rehabilitating a historic building under section 5729.17 of the Revised Code; The refundable credit for Ohio job retention under former division (B)(2) or (3) of section 122.171 of the Revised Code as those divisions existed before September 29, 2015, the effective date of the amendment of this section by H.B. 64 of the 131st general assembly; The refundable credit for Ohio job creation under section 5729.032 of the Revised Code; The refundable credit under section 5729.08 of the Revised Code for losses on loans made under the Ohio venture capital program under sections 150.01 to 150.10 of the Revised Code ; The refundable credit for employer health benefit plan premiums under section 5729.22 of the Revised Code . (B) For any credit except the refundable credits 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 263 264 265 266 267 268 269 270 271 S. B. No. 129 Page 11 As Introduced enumerated in this section, the amount of the credit for a taxable year shall not exceed the tax due after allowing for any other credit that precedes it in the order required under this section. Any excess amount of a particular credit may be carried forward if authorized under the section creating that credit. Nothing in this chapter shall be construed to allow a taxpayer to claim, directly or indirectly, a credit more than once for a taxable year. Sec. 5736.51. (A) As used in this section, "health benefit plan," "basic health care services," and "resident" have the same meanings as in section 5751.56 of the Revised Code. (B) There is allowed a refundable credit against the tax imposed by this chapter for a taxpayer that purchases a group health benefit plan that provides coverage for basic health care services to one or more of the taxpayer's employees who are residents. The credit shall equal one and three-tenths per cent of the portion of the premiums paid by the taxpayer during the tax period to purchase such a plan for the taxpayer's employees who are residents. No person shall claim the credit authorized by this section based on coverage provided through a program of self-insurance. The taxpayer shall claim the credit after any credits allowed under section 5736.50 of the Revised Code. Any credit amount in excess of the taxpayer's tax liability shall be refunded to the taxpayer. No credit shall be allowed under this section on the basis of group health benefit plan premiums if those premiums are the basis of a credit claimed under section 5725.39, 5726.62, 5727.242, 5727.301, 5729.22, 5747.74, or 5751.56 of the Revised Code. 272 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 300 301 S. B. No. 129 Page 12 As Introduced Sec. 5747.74. (A) As used in this section, "health benefit plan" and "basic health care services" have the same meanings as in section 5751.56 of the Revised Code. (B) There is allowed a refundable credit against the taxpayer's aggregate tax liability under section 5747.02 of the Revised Code for a taxpayer that purchases a group health benefit plan that provides coverage for basic health care services to one or more of the taxpayer's employees who are residents. The credit shall equal one and three-tenths per cent of the portion of the premiums paid by the taxpayer during the taxable year to purchase such a plan for the taxpayer's employees who are residents. No person shall claim the credit authorized by this section based on coverage provided through a program of self-insurance. The credit shall be claimed in the order required under section 5747.98 of the Revised Code. If the credit amount exceeds the tax otherwise due under section 5747.02 of the Revised Code after deducting all other credits in that order, the excess shall be refunded to the taxpayer. Nothing in this section limits or disallows pass-through treatment of the credit. No credit shall be allowed under this section on the basis of group health benefit plan premiums if those premiums are the basis of a credit claimed under section 5725.39, 5726.62, 5727.242, 5727.301, 5729.22, 5736.51, or 5751.56 of the Revised Code. Sec. 5747.98. (A) To provide a uniform procedure for calculating a taxpayer's aggregate tax liability under section 5747.02 of the Revised Code, a taxpayer shall claim any credits to which the taxpayer is entitled in the following order: 302 303 304 305 306 307 308 309 310 311 312 313 314 315 316 317 318 319 320 321 322 323 324 325 326 327 328 329 330 331 S. B. No. 129 Page 13 As Introduced Either the retirement income credit under division (B) of section 5747.055 of the Revised Code or the lump sum retirement income credits under divisions (C), (D), and (E) of that section; Either the senior citizen credit under division (F) of section 5747.055 of the Revised Code or the lump sum distribution credit under division (G) of that section; The dependent care credit under section 5747.054 of the Revised Code; The credit for displaced workers who pay for job training under section 5747.27 of the Revised Code; The campaign contribution credit under section 5747.29 of the Revised Code; The twenty-dollar personal exemption credit under section 5747.022 of the Revised Code; The joint filing credit under division (G) of section 5747.05 of the Revised Code; The earned income credit under section 5747.71 of the Revised Code; The nonrefundable credit for education expenses under section 5747.72 of the Revised Code; The nonrefundable credit for donations to scholarship granting organizations under section 5747.73 of the Revised Code; The nonrefundable credit for tuition paid to a nonchartered nonpublic school under section 5747.75 of the Revised Code; 332 333 334 335 336 337 338 339 340 341 342 343 344 345 346 347 348 349 350 351 352 353 354 355 356 357 358 S. B. No. 129 Page 14 As Introduced The nonrefundable vocational job credit under section 5747.057 of the Revised Code; The nonrefundable job retention credit under division (B) of section 5747.058 of the Revised Code; The enterprise zone credit under section 5709.66 of the Revised Code; The credit for beginning farmers who participate in a financial management program under division (B) of section 5747.77 of the Revised Code; The credit for commercial vehicle operator training expenses under section 5747.82 of the Revised Code; The nonrefundable welcome home Ohio (WHO) program credit under section 122.633 of the Revised Code; The credit for selling or renting agricultural assets to beginning farmers under division (A) of section 5747.77 of the Revised Code; The credit for purchases of qualifying grape production property under section 5747.28 of the Revised Code; The small business investment credit under section 5747.81 of the Revised Code; The nonrefundable lead abatement credit under section 5747.26 of the Revised Code; The opportunity zone investment credit under section 5747.86 of the Revised Code; The enterprise zone credits under section 5709.65 of the Revised Code; The research and development credit under section 5747.331 359 360 361 362 363 364 365 366 367 368 369 370 371 372 373 374 375 376 377 378 379 380 381 382 383 384 385 S. B. No. 129 Page 15 As Introduced of the Revised Code; The credit for rehabilitating a historic building under section 5747.76 of the Revised Code; The nonrefundable Ohio low-income housing tax credit under section 5747.83 of the Revised Code; The nonrefundable affordable single-family home credit under section 5747.84 of the Revised Code; The nonresident credit under division (A) of section 5747.05 of the Revised Code; The credit for a resident's out-of-state income under division (B) of section 5747.05 of the Revised Code; The refundable motion picture and broadway theatrical production credit under section 5747.66 of the Revised Code; The refundable credit for film and theater capital improvement projects under section 5747.67 of the Revised Code; The refundable jobs creation credit or job retention credit under division (A) of section 5747.058 of the Revised Code; The refundable credit for taxes paid by a qualifying entity granted under section 5747.059 of the Revised Code; The refundable credits for taxes paid by a qualifying pass-through entity granted under division (I) of section 5747.08 of the Revised Code; The refundable credit under section 5747.80 of the Revised Code for losses on loans made to the Ohio venture capital program under sections 150.01 to 150.10 of the Revised Code; The refundable credit for rehabilitating a historic 386 387 388 389 390 391 392 393 394 395 396 397 398 399 400 401 402 403 404 405 406 407 408 409 410 411 412 S. B. No. 129 Page 16 As Introduced building under section 5747.76 of the Revised Code; The refundable credit under section 5747.39 of the Revised Code for taxes levied under section 5747.38 of the Revised Code paid by an electing pass-through entity ; The refundable credit for employer health benefit plan premiums under section 5747.74 of the Revised Code . (B) For any credit, except the refundable credits enumerated in this section and the credit granted under division (H) of section 5747.08 of the Revised Code, the amount of the credit for a taxable year shall not exceed the taxpayer's aggregate amount of tax due under section 5747.02 of the Revised Code, after allowing for any other credit that precedes it in the order required under this section. Any excess amount of a particular credit may be carried forward if authorized under the section creating that credit. Nothing in this chapter shall be construed to allow a taxpayer to claim, directly or indirectly, a credit more than once for a taxable year. Sec. 5751.56. (A) As used in this section, "health benefit plan" has the same meaning as in section 3922.01 of the Revised Code, "basic health care services" has the same meaning as in section 1751.01 of the Revised Code, and "resident" has the same meaning as in section 5747.01 of the Revised Code. (B) There is allowed a refundable credit against the tax imposed by section 5751.02 of the Revised Code for a taxpayer that purchases a group health benefit plan that provides coverage for basic health care services to one or more of the taxpayer's employees who are residents. The credit shall equal one and three-tenths per cent of the portion of the premiums paid by the taxpayer during the tax period to purchase such a 413 414 415 416 417 418 419 420 421 422 423 424 425 426 427 428 429 430 431 432 433 434 435 436 437 438 439 440 441 S. B. No. 129 Page 17 As Introduced plan for the taxpayer's employees who are residents. No person shall claim the credit authorized by this section based on coverage provided through a program of self-insurance. The credit shall be claimed in the order required under section 5751.98 of the Revised Code. If the credit amount exceeds the tax otherwise due under section 5751.02 of the Revised Code after deducting all other credits in that order, the excess shall be refunded to the taxpayer. A person that is not required to register with the tax commissioner under section 5751.04 of the Revised Code and pay the tax under this chapter may not claim the credit authorized by this section. (C) No credit shall be allowed under this section on the basis of group health benefit plan premiums if those premiums are the basis of a credit claimed under section 5725.39, 5726.62, 5727.242, 5727.301, 5729.22, 5736.51, or 5747.74 of the Revised Code. Sec. 5751.98. (A) To provide a uniform procedure for calculating the amount of tax due under this chapter, a taxpayer shall claim any credits to which it is entitled in the following order: The nonrefundable jobs retention credit under division (B) of section 5751.50 of the Revised Code; The nonrefundable credit for qualified research expenses under division (B) of section 5751.51 of the Revised Code; The nonrefundable credit for a borrower's qualified research and development loan payments under division (B) of section 5751.52 of the Revised Code; 442 443 444 445 446 447 448 449 450 451 452 453 454 455 456 457 458 459 460 461 462 463 464 465 466 467 468 469 S. B. No. 129 Page 18 As Introduced The nonrefundable credit for calendar years 2010 to 2029 for unused net operating losses under division (B) of section 5751.53 of the Revised Code; The refundable motion picture and broadway theatrical production credit under section 5751.54 of the Revised Code; The refundable credit for film and theater capital improvement projects under section 5751.55 of the Revised Code; The refundable jobs creation credit or job retention credit under division (A) of section 5751.50 of the Revised Code; The refundable credit for calendar year 2030 for unused net operating losses under division (C) of section 5751.53 of the Revised Code; The refundable credit for employer health benefit plan premiums under section 5751.56 of the Revised Code . (B) For any credit except the refundable credits enumerated in this section, the amount of the credit for a tax period shall not exceed the tax due after allowing for any other credit that precedes it in the order required under this section. Any excess amount of a particular credit may be carried forward if authorized under the section creating the credit. Section 2. That existing sections 5725.98, 5726.98, 5729.98, 5747.98, and 5751.98 of the Revised Code are hereby repealed. Section 3. The enactment by this act of sections 5725.39, 5726.62, 5727.242, 5727.301, 5729.22, 5736.51, 5747.74, and 5751.56 of the Revised Code applies to premiums paid on and after the effective date of this section by an employer for a 470 471 472 473 474 475 476 477 478 479 480 481 482 483 484 485 486 487 488 489 490 491 492 493 494 495 496 497 S. B. No. 129 Page 19 As Introduced group health benefit plan that provides coverage for basic health care services, as those terms are defined in section 5751.56 of the Revised Code, as enacted by this act. 498 499 500