Current through the 2023 Legislative Sessions
Section 57-38-01.24 - Internship employment tax credit1. A taxpayer that is an employer within this state is entitled to a credit as determined under this section against state income tax liability under section 57-38-30 or 57-38-30.3 for qualified compensation paid to an intern employed in this state by the taxpayer. To qualify for the credit under this section, the internship program must meet the following qualifications: a. The intern must be an enrolled student in an institution of higher education or vocational technical education program who is seeking a degree or a certification of completion in a major field of study closely related to the work experience performed for the taxpayer;b. The internship must be taken for academic credit or count toward the completion of a vocational technical education program;c. The intern must be supervised and evaluated by the taxpayer; andd. The internship position must be located in this state.2. The amount of the credit to which a taxpayer is entitled is ten percent of the stipend or salary paid to a college intern employed by the taxpayer. A taxpayer may not receive more than three thousand dollars in total credits under this section for all taxable years combined.a. The tax credit under this section applies to a stipend or salary for not more than five interns employed at the same time.b. A passthrough entity that is entitled to the credit under this section must be considered to be the taxpayer for purposes of calculating the credit. The amount of the allowable credit must be determined at the passthrough entity level. The total credit determined at the entity level must be passed through to the partners, shareholders, or members in proportion to their respective interests in the passthrough entity.Amended by S.L. 2013, ch. 443 (HB 1106),§ 19, eff. 1/1/2013.