Authorize an income tax credit for family caregiving expenses

As Introduced

136th
General Assembly

Regular
Session
S. B. No. 205

2025-2026

Senator Reynolds

To
amend sections 5747.08 and 5747.98 and to enact section 5747.053 of
the Revised Code
to
authorize a nonrefundable income tax credit for family caregiving
expenses.

BE
IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section
1.
That
sections 5747.08 and 5747.98 be amended and section 5747.053 of the
Revised Code be enacted to read as follows:

Sec.
5747.053.
(A)
As used in this section:

(1)
"Activity of daily living" means any of the following:

(a)
Ambulating, which is the extent of an individual's ability to move
from one position to another and walk independently;

(b)
Feeding, which is the ability of an individual to feed oneself;

(c)
Dressing, which is the ability to select appropriate clothes and to
put the clothes on without aid;

(d)
Personal hygiene, which is the ability to bathe and groom oneself and
maintain dental hygiene and nail and hair care;

(e)
Continence, which is the ability to control bladder and bowel
function;

(f)
Toileting, which is the ability to get to and from the toilet without
aid, using it appropriately, and cleaning oneself.

(2)
"Eligible family member" means an individual that meets all
of the following requirements:

(a)
The individual is at least fifty years of age on the last day of the
taxable year.

(b)
The individual possesses documentation from a licensed health care
provider certifying that the individual requires assistance with at
least two activities of daily living.

(c)
The individual is the spouse, parent, dependent, or domestic partner
of the family caregiver or is otherwise related by blood or marriage
to the caregiver.

(d)
The individual lives in a private residential home and not in an
assisted living center, nursing facility, or residential care home.

(3)
"Family caregiver" means an individual, or individuals in
the case of a joint return, who is a resident of this state and who
meets all of the following requirements:

(a)
The individual's or sum of the individuals' adjusted gross income,
exclusive of interest, dividends and distributions, royalties, rent,
and capital gains, is not less than seven thousand five hundred
dollars.

(b)
The modified adjusted gross income is as follows:

(i)
For spouses filing a joint return, not more than ninety-four thousand
dollars;

(ii)
For a spouse filing a separate return, not more than fifty-six
thousand five hundred dollars;

(iii)
For all other taxpayers, not more than sixty-nine thousand dollars.

(c)
The individual incurs not less than one thousand dollars of eligible
expenses to provide care for one or more eligible family members
during the taxable year.

(4)
"Eligible expenses" means any of the following
out-of-pocket expenses that have not been reimbursed, credited, paid,
or otherwise covered by another individual, organization, provider,
or government entity and that are directly related to assisting the
family caregiver to provide care to an eligible family member:

(a)
Expenses incurred to improve or alter a family caregiver's or
eligible family member's primary residence as necessary to allow the
eligible family member to remain mobile, safe, and independent;

(b)
Expenses incurred to improve or alter the family caregiver's or
eligible family member's primary motor vehicle to improve
accessibility or permit the eligible family member to be transported
safely;

(c)
The purchase or lease of equipment that is necessary to assist an
eligible family member in performing one or more activities of daily
living;

(d)
Other expenses incurred to assist the family caregiver to provide
care to an eligible family member, including expenses for respite
care, adult day care, hiring a home care aide or other direct care
worker, transportation, legal and financial services, health care
equipment, or assistive technology necessary for the care of the
eligible family member.

"Eligible
expenses" does not include general household maintenance
expenses, such as expenses related to painting, plumbing, electrical
repairs, or exterior maintenance.

(5)
"Licensed health care professional" means any of the
following:

(a)
A physician authorized under Chapter 4731. of the Revised Code to
practice medicine or osteopathic medicine;

(b)
A registered nurse, advanced practice registered nurse, or licensed
practical nurse licensed under Chapter 4723. of the Revised Code;

(c)
A physician assistant licensed under Chapter 4730. of the Revised
Code.

(B)
A nonrefundable credit shall be allowed against a taxpayer's
aggregate tax liability under section 5747.02 of the Revised Code for
a family caregiver who incurs eligible expenses to provide care for
an eligible family member. The amount of the credit shall equal
thirty per cent of the eligible expenses incurred by the caregiver
during the taxable year, provided that the credit allowed to a
caregiver for any taxable year shall not exceed two thousand dollars.

The
credit shall be claimed in the order required under section 5747.98
of the Revised Code. If the amount of the credit exceeds the
aggregate amount of tax otherwise due under section 5747.02 of the
Revised Code after deducting any other credits that precede the
credit allowed under this section in that order, the excess may be
carried forward for the following taxable years, but the amount
claimed in each year shall be deducted from the amount that may be
claimed in the following year.

(C)
If two or more family caregivers incur eligible expenses to provide
care for an eligible family member during a taxable year, both are
eligible to claim the credit allowed under this section, provided
that no two caregivers may claim the credit on the basis of the same
eligible expenses.

(D)
The tax commissioner shall adopt any rules necessary to administer
this section.

Sec.
5747.08.
An
annual return with respect to the tax imposed by section 5747.02 of
the Revised Code and each tax imposed under Chapter 5748. of the
Revised Code shall be made by every taxpayer for any taxable year for
which the taxpayer is liable for the tax imposed by that section or
under that chapter, unless the total credits allowed under division
(E) of section 5747.05 and divisions (F) and (G) of section 5747.055
of the Revised Code for the year are equal to or exceed the tax
imposed by section 5747.02 of the Revised Code, in which case no
return shall be required unless the taxpayer is liable for a tax
imposed pursuant to Chapter 5748. of the Revised Code.

(A)
If an individual is deceased, any return or notice required of that
individual under this chapter shall be made and filed by that
decedent's executor, administrator, or other person charged with the
property of that decedent.

(B)
If an individual is unable to make a return or notice required by
this chapter, the return or notice required of that individual shall
be made and filed by the individual's duly authorized agent,
guardian, conservator, fiduciary, or other person charged with the
care of the person or property of that individual.

(C)
Returns or notices required of an estate or a trust shall be made and
filed by the fiduciary of the estate or trust.

(D)(1)(a)
Except as otherwise provided in division (D)(1)(b) of this section,
any pass-through entity may file a single return on behalf of one or
more of the entity's investors other than an investor that is a
person subject to the tax imposed under section 5733.06 of the
Revised Code. The single return shall set forth the name, address,
and social security number or other identifying number of each of
those pass-through entity investors and shall indicate the
distributive share of each of those pass-through entity investor's
income taxable in this state in accordance with sections 5747.20 to
5747.231 of the Revised Code. Such pass-through entity investors for
whom the pass-through entity elects to file a single return are not
entitled to the exemption or credit provided for by sections 5747.02
and 5747.022 of the Revised Code; shall calculate the tax before
business credits at the highest rate of tax set forth in section
5747.02 of the Revised Code for the taxable year for which the return
is filed; and are entitled to only their distributive share of the
business credits as defined in division (D)(2) of this section. A
single check drawn by the pass-through entity shall accompany the
return in full payment of the tax due, as shown on the single return,
for such investors, other than investors who are persons subject to
the tax imposed under section 5733.06 of the Revised Code.

(b)(i)
A pass-through entity shall not include in such a single return any
investor that is a trust to the extent that any direct or indirect
current, future, or contingent beneficiary of the trust is a person
subject to the tax imposed under section 5733.06 of the Revised Code.

(ii)
A pass-through entity shall not include in such a single return any
investor that is itself a pass-through entity to the extent that any
direct or indirect investor in the second pass-through entity is a
person subject to the tax imposed under section 5733.06 of the
Revised Code.

(c)
Except as provided by division (L) of this section, nothing in
division (D) of this section precludes the tax commissioner from
requiring such investors to file the return and make the payment of
taxes and related interest, penalty, and interest penalty required by
this section or section 5747.02, 5747.09, or 5747.15 of the Revised
Code. Nothing in division (D) of this section precludes such an
investor from filing the annual return under this section, utilizing
the refundable credit equal to the investor's proportionate share of
the tax paid by the pass-through entity on behalf of the investor
under division (I) of this section, and making the payment of taxes
imposed under section 5747.02 of the Revised Code. Nothing in
division (D) of this section shall be construed to provide to such an
investor or pass-through entity any additional deduction or credit,
other than the credit provided by division (I) of this section,
solely on account of the entity's filing a return in accordance with
this section. Such a pass-through entity also shall make the filing
and payment of estimated taxes on behalf of the pass-through entity
investors other than an investor that is a person subject to the tax
imposed under section 5733.06 of the Revised Code.

(2)
For the purposes of this section, "business credits" means
the credits listed in section 5747.98 of the Revised Code excluding
the following credits:

(a)
The retirement income credit under division (B) of section 5747.055
of the Revised Code;

(b)
The senior citizen credit under division (F) of section 5747.055 of
the Revised Code;

(c)
The lump sum distribution credit under division (G) of section
5747.055 of the Revised Code;

(d)
The dependent care credit under section 5747.054 of the Revised Code;

(e)
The lump sum retirement income credit under division (C) of section
5747.055 of the Revised Code;

(f)
The lump sum retirement income credit under division (D) of section
5747.055 of the Revised Code;

(g)
The lump sum retirement income credit under division (E) of section
5747.055 of the Revised Code;

(h)
The credit for displaced workers who pay for job training under
section 5747.27 of the Revised Code;

(i)
The twenty-dollar personal exemption credit under section 5747.022 of
the Revised Code;

(j)
The joint filing credit under division (E) of section 5747.05 of the
Revised Code;

(k)
The nonresident credit under division (A) of section 5747.05 of the
Revised Code;

(l)
The credit for a resident's out-of-state income under division (B) of
section 5747.05 of the Revised Code;

(m)
The earned income tax credit under section 5747.71 of the Revised
Code;

(n)
The lead abatement credit under section 5747.26 of the Revised Code;

(o)
The credit for education expenses under section 5747.72 of the
Revised Code;

(p)
The credit for tuition paid to a nonchartered nonpublic school under
section 5747.75 of the Revised Code
;

(q)
The credit for family caregivers under section 5747.053 of the
Revised Code
.

(3)
The election provided for under division (D) of this section applies
only to the taxable year for which the election is made by the
pass-through entity. Unless the tax commissioner provides otherwise,
this election, once made, is binding and irrevocable for the taxable
year for which the election is made. Nothing in this division shall
be construed to provide for any deduction or credit that would not be
allowable if a nonresident pass-through entity investor were to file
an annual return.

(4)
If a pass-through entity makes the election provided for under
division (D) of this section, the pass-through entity shall be liable
for any additional taxes, interest, interest penalty, or penalties
imposed by this chapter if the tax commissioner finds that the single
return does not reflect the correct tax due by the pass-through
entity investors covered by that return. Nothing in this division
shall be construed to limit or alter the liability, if any, imposed
on pass-through entity investors for unpaid or underpaid taxes,
interest, interest penalty, or penalties as a result of the
pass-through entity's making the election provided for under division
(D) of this section. For the purposes of division (D) of this
section, "correct tax due" means the tax that would have
been paid by the pass-through entity had the single return been filed
in a manner reflecting the commissioner's findings. Nothing in
division (D) of this section shall be construed to make or hold a
pass-through entity liable for tax attributable to a pass-through
entity investor's income from a source other than the pass-through
entity electing to file the single return.

(E)
If a husband and wife file a joint federal income tax return for a
taxable year, they shall file a joint return under this section for
that taxable year, and their liabilities are joint and several, but,
if the federal income tax liability of either spouse is determined on
a separate federal income tax return, they shall file separate
returns under this section.

If
either spouse is not required to file a federal income tax return and
either or both are required to file a return pursuant to this
chapter, they may elect to file separate or joint returns, and,
pursuant to that election, their liabilities are separate or joint
and several. If a husband and wife file separate returns pursuant to
this chapter, each must claim the taxpayer's own exemption, but not
both, as authorized under section 5747.02 of the Revised Code on the
taxpayer's own return.

(F)
Each return or notice required to be filed under this section shall
contain the signature of the taxpayer or the taxpayer's duly
authorized agent and of the person who prepared the return for the
taxpayer, and shall include the taxpayer's social security number.
Each return shall be verified by a declaration under the penalties of
perjury. The tax commissioner shall prescribe the form that the
signature and declaration shall take.

(G)
Each return or notice required to be filed under this section shall
be made and filed as required by section 5747.04 of the Revised Code,
on or before the fifteenth day of April of each year, on forms that
the tax commissioner shall prescribe, together with remittance made
payable to the treasurer of state in the combined amount of the state
and all school district income taxes shown to be due on the form.

Upon
good cause shown, the commissioner may extend the period for filing
any notice or return required to be filed under this section and may
adopt rules relating to extensions. If the extension results in an
extension of time for the payment of any state or school district
income tax liability with respect to which the return is filed, the
taxpayer shall pay at the time the tax liability is paid an amount of
interest computed at the rate per annum prescribed by section 5703.47
of the Revised Code on that liability from the time that payment is
due without extension to the time of actual payment. Except as
provided in section 5747.132 of the Revised Code, in addition to all
other interest charges and penalties, all taxes imposed under this
chapter or Chapter 5748. of the Revised Code and remaining unpaid
after they become due, except combined amounts due of one dollar or
less, bear interest at the rate per annum prescribed by section
5703.47 of the Revised Code until paid or until the day an assessment
is issued under section 5747.13 of the Revised Code, whichever occurs
first.

If
the commissioner considers it necessary in order to ensure the
payment of the tax imposed by section 5747.02 of the Revised Code or
any tax imposed under Chapter 5748. of the Revised Code, the
commissioner may require returns and payments to be made otherwise
than as provided in this section.

To
the extent that any provision in this division conflicts with any
provision in section 5747.026 of the Revised Code, the provision in
that section prevails.

(H)
The amounts withheld pursuant to section 5747.06, 5747.062, 5747.063,
5747.064, 5747.065, or 5747.071 of the Revised Code shall be allowed
to the ultimate recipient of the income as credits against payment of
the appropriate taxes imposed on the ultimate recipient by section
5747.02 and under Chapter 5748. of the Revised Code. As used in this
division, "ultimate recipient" means the person who is
required to report income from which amounts are withheld pursuant to
section 5747.06, 5747.062, 5747.063, 5747.064, 5747.065, or 5747.071
of the Revised Code on the annual return required to be filed under
this section.

(I)
If a pass-through entity elects to file a single return under
division (D) of this section and if any investor is required to file
the annual return and make the payment of taxes required by this
chapter on account of the investor's other income that is not
included in a single return filed by a pass-through entity or any
other investor elects to file the annual return, the investor is
entitled to a refundable credit equal to the investor's proportionate
share of the tax paid by the pass-through entity on behalf of the
investor. The investor shall claim the credit for the investor's
taxable year in which or with which ends the taxable year of the
pass-through entity. Nothing in this chapter shall be construed to
allow any credit provided in this chapter to be claimed more than
once. For the purpose of computing any interest, penalty, or interest
penalty, the investor shall be deemed to have paid the refundable
credit provided by this division on the day that the pass-through
entity paid the estimated tax or the tax giving rise to the credit.

(J)
The tax commissioner shall ensure that each return required to be
filed under this section includes a box that the taxpayer may check
to authorize a paid tax preparer who prepared the return to
communicate with the department of taxation about matters pertaining
to the return. The return or instructions accompanying the return
shall indicate that by checking the box the taxpayer authorizes the
department of taxation to contact the preparer concerning questions
that arise during the processing of the return and authorizes the
preparer only to provide the department with information that is
missing from the return, to contact the department for information
about the processing of the return or the status of the taxpayer's
refund or payments, and to respond to notices about mathematical
errors, offsets, or return preparation that the taxpayer has received
from the department and has shown to the preparer.

(K)
The tax commissioner shall permit individual taxpayers to instruct
the department of taxation to cause any refund of overpaid taxes to
be deposited directly into a checking account, savings account, or an
individual retirement account or individual retirement annuity, or
preexisting college savings plan or program account offered by the
Ohio tuition trust authority under Chapter 3334. of the Revised Code,
as designated by the taxpayer, when the taxpayer files the annual
return required by this section electronically.

(L)
If, for the taxable year, a nonresident or trust that is the owner of
an electing pass-through entity, as defined in section 5747.38 of the
Revised Code, does not have Ohio adjusted gross income or, in the
case of a trust, modified Ohio taxable income other than from one or
more electing pass-through entities, the nonresident or trust shall
not be required to file an annual return under this section. Nothing
in this division precludes such an owner from filing the annual
return under this section, utilizing the refundable credit under
section 5747.39 of the Revised Code equal to the owner's
proportionate share of the tax levied under section 5747.38 of the
Revised Code and paid by the electing pass-through entity, and making
the payment of taxes imposed under section 5747.02 of the Revised
Code.

(M)
The tax commissioner may adopt rules to administer this section.

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:

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;

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 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
nonrefundable credit for family caregivers under section 5747.053 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 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.

(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.

Section
2.
That
existing sections 5747.08 and 5747.98 of the Revised Code are hereby
repealed.

Section
3.
The
enactment by this act of section 5747.053 of the Revised Code applies
to taxable years ending on or after the effective date of this
section.