Title 48, Chapter 7, Section 40.5
( 48-7-40.5)
(a) As used in this Code section, the term: (1) "Approved retraining" means employer provided or employer
sponsored retraining that meets the following conditions: (A) It enhances the functional skills of employees otherwise
unable to function effectively on the job due to skill
deficiencies or who would otherwise be displaced because such
skill deficiencies would inhibit their utilization of new
technology; (B) It is approved and certified by the Department of Technical
and Adult Education; and (C) The employer does not require the employee to make any
payment for the retraining, either directly or indirectly
through use of forfeiture of leave time, vacation time, or other
compensable time. (2) "Cost of retraining" means direct instructional costs as
defined by the Department of Technical and Adult Education
including instructor salaries, materials, supplies, and textbooks
but specifically excluding costs associated with renting or
otherwise securing space. (3) "Employee" means any employee resident in this state who is
employed for at least 25 hours a week, who has been continuously
employed by the employer for at least 16 consecutive weeks. (4) "Employer" means any employer upon whom an income tax is
imposed by this chapter. (5) "Employer provided" refers to approved retraining offered on
the premises of the employer or on premises approved by the
Department of Technical and Adult Education by instructors hired
by or employed by an employer. (6) "Employer sponsored" refers to a contractual arrangement with
a school, university, college, or other instructional facility
which offers approved retraining that is paid for by the employer. (b) A tax credit shall be granted to an employer who provides or
sponsors an approved retraining program. The amount of the tax
credit shall be equal to one-half of the costs of retraining per
full-time employee, or $500.00 per full-time employee, whichever is
less, for each employee who has successfully completed an approved
retraining program. No employer may receive a credit if the
employer requires that the employee reimburse or pay the employer
for the cost of retraining. (c) Any tax credit claimed under this Code section for any taxable
year beginning on or after January 1, 1998, but not used for any
such taxable year may be carried forward for ten years from the
close of the taxable year in which the tax credit was granted. The
tax credit granted to any employer pursuant to this Code section
shall not exceed 50 percent of the amount of the taxpayer's income
tax liability for the taxable year as computed without regard to
this Code section.
(d) To be eligible to claim the credit granted under this Code
section, the employer must certify to the department the name of the
employee, the course work successfully completed by such employee,
the name of the provider of the approved retraining, and such other
information as may be required by the department to ensure that
credits are only granted to employers who provide or sponsor
approved retraining pursuant to this Code section and that such
credits are only granted to employers with respect to employees who
successfully complete such approved retraining. The department
shall adopt rules and regulations and forms to implement this credit
program. The department is expressly authorized and directed to
work with the Department of Technical and Adult Education to ensure
the proper granting of credits pursuant to this Code section. (e) The Department of Technical and Adult Education is expressly
authorized and directed to establish such standards as it deems
necessary and convenient in approving employer provided and employer
sponsored retraining programs. In establishing such standards, the
Department of Technical and Adult Education shall establish required
hours of classroom instruction, required courses, certification of
teachers or instructors, progressive levels of instruction, and
standardized measures of employee evaluation to determine successful
completion of a course of study. |