BILL REQ. #:  S-2902.1 

Read first time 04/10/09.   Referred to Committee on Ways & Means.

     AN ACT Relating to replacing the tax credit for the motion picture competitiveness program with a tax credit for the program for supported employment services for individuals with developmental disabilities as they transition from high school to the workforce; amending RCW 82.04.4489; and providing an effective date.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1   RCW 82.04.4489 and 2008 c 85 s 3 are each amended to read as follows:
     (1) Subject to the limitations in this section, a credit is allowed against the tax imposed under this chapter for contributions made by a person to ((a Washington motion picture competitiveness program)) program for supported employment services for individuals with developmental disabilities as they transition from high school to the workforce.
     (2) The person must make the contribution before claiming a credit authorized under this section. Credits earned under this section may be claimed against taxes due for the calendar year in which the contribution is made. The amount of credit claimed for a reporting period shall not exceed the tax otherwise due under this chapter for that reporting period. No person may claim more than one million dollars of credit in any calendar year, including credit carried over from a previous calendar year. No refunds may be granted for any unused credits.
     (3) The maximum credit that may be earned for each calendar year under this section for a person is limited to the lesser of one million dollars or an amount equal to one hundred percent of the contributions made by the person to a program during the calendar year.
     (4) Except as provided under subsection (5) of this section, a tax credit claimed under this section may not be carried over to another year.
     (5) Any amount of tax credit otherwise allowable under this section not claimed by the person in any calendar year may be carried over and claimed against the person's tax liability for the next succeeding calendar year. Any credit remaining unused in the next succeeding calendar year may be carried forward and claimed against the person's tax liability for the second succeeding calendar year; and any credit not used in that second succeeding calendar year may be carried over and claimed against the person's tax liability for the third succeeding calendar year, but may not be carried over for any calendar year thereafter.
     (6) Credits are available on a first in-time basis. The department shall disallow any credits, or portion thereof, that would cause the total amount of credits claimed under this section during any calendar year to exceed three million five hundred thousand dollars. If this limitation is reached, the department shall notify ((all Washington motion picture competitiveness programs that)) the department of social and health services division of developmental disabilities that the annual statewide limit has been met. In addition, the department shall provide written notice to any person who has claimed tax credits in excess of the three million five hundred thousand dollar limitation in this subsection. The notice shall indicate the amount of tax due and shall provide that the tax be paid within thirty days from the date of such notice. The department shall not assess penalties and interest as provided in chapter 82.32 RCW on the amount due in the initial notice if the amount due is paid by the due date specified in the notice, or any extension thereof.
     (7) To claim a credit under this section, a person must electronically file with the department all returns, forms, and any other information required by the department, in an electronic format as provided or approved by the department. Any return, form, or information required to be filed in an electronic format under this section is not filed until received by the department in an electronic format. As used in this subsection, "returns" has the same meaning as "return" in RCW 82.32.050.
     (8) No application is necessary for the tax credit. The person must keep records necessary for the department to verify eligibility under this section.
     (9) ((A Washington motion picture competitiveness program shall)) The program for supported employment services for individuals with developmental disabilities as they transition from high school to the workforce must provide to the department, upon request, such information needed to verify eligibility for credit under this section, including information regarding contributions received by the program.
     (10) The department shall not allow any credit under this section before July 1, 2006.
     (11) For the purposes of this section, "((Washington motion picture competitiveness program)) the program for supported employment services for individuals with developmental disabilities as they transition from high school to the workforce" or "program" means ((an organization established pursuant to chapter 43.365 RCW)) the program operated by the department of social and health services pursuant to RCW 71A.12.040 (4) and (14) and targeted to providing individuals with developmental disabilities with employment search supports, job skills training and development, and supports for individuals to maintain their employment particularly targeted to individuals with developmental disabilities as they transition from high school.
     (((12) No credit may be earned for contributions made on or after July 1, 2011.))

NEW SECTION.  Sec. 2   This act takes effect January 1, 2010.