HB 1003-2_ Filed 02/20/2001, 08:54


Text Box


    PREVAILED      Roll Call No. _______
    FAILED        Ayes _______
    WITHDRAWN        Noes _______
    RULED OUT OF ORDER


[

HOUSE MOTION ____

]

MR. SPEAKER:

    I move that House Bill 1003 be amended to read as follows:

SOURCE: Page 6, line 12; (01)MO100303.6. -->     Page 6, between lines 12 and 13, begin a new paragraph and insert:
SOURCE: IC 6-1.1-12-1; (01)MO100303.4. -->     "SECTION 4. IC 6-1.1-12-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2003]: Sec. 1. (a) Each year a person who is a resident of this state may receive a deduction from the assessed value of:
        (1) mortgaged real property or a mortgaged mobile home which is not assessed as real property that he owns; or
        (2) real property or a mobile home which is not assessed as real property that he is buying under a contract, with the contract or a memorandum of the contract recorded in the county recorder's office, which provides that he is to pay the property taxes on the real property.
    (b) The total amount of the deduction which the person may receive under this section for a particular year is:
        (1) the balance of the mortgage or contract indebtedness on the assessment date of that year;
        (2) one-half (1/2) of the assessed value of the real property or mobile home which is not assessed as real property; or
        (3) three thousand dollars ($3,000);
whichever is least.
    (c) A person who has sold real property or a mobile home which is not assessed as real property to another person under a contract which provides that the contract buyer is to pay the property taxes on the real property or mobile home may not claim the deduction

provided under this section with respect to that real property or mobile home.

SOURCE: IC 6-1.1-12-2; (01)MO100303.5. -->     SECTION 5. IC 6-1.1-12-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2003]: Sec. 2. (a) Except as provided in section 17.8 of this chapter, a person who desires to claim the deduction provided by section 1 of this chapter must file a statement in duplicate, on forms prescribed by the state board of tax commissioners, with the auditor of the county in which the real property or mobile home which is not assessed as real property is located. The statement must be filed during the twelve (12) months before May 11 of each year for which the person wishes to obtain the deduction. The statement may be filed in person or by mail. If mailed, the mailing must be postmarked on or before the last day for filing. In addition to the statement required by this subsection, a contract buyer who desires to claim the deduction must submit a copy of the recorded contract or recorded memorandum of the contract, which must contain a legal description sufficient to meet the requirements of IC 6-1.1-5, with the first statement that the buyer files under this section with respect to a particular parcel of real property. Upon receipt of the statement and the recorded contract or recorded memorandum of the contract, the county auditor shall assign a separate description and identification number to the parcel of real property being sold under the contract.
    (b) The statement referred to in subsection (a) must be verified under penalties for perjury, and the statement must contain the following information:
        (1) The balance of the person's mortgage or contract indebtedness on the assessment date of the year for which the deduction is claimed.
        (2) The assessed value of the real property or mobile home which is not assessed as real property.
        (3) The full name and complete residence address of the person and of the mortgagee or contract seller.
        (4) The name and residence of any assignee or bona fide owner or holder of the mortgage or contract, if known, and if not known, the person shall state that fact.
        (5) The record number and page where the mortgage, contract, or memorandum of the contract is recorded.
        (6) A brief description of the real property or mobile home which is not assessed as real property which is encumbered by the mortgage or sold under the contract.
        (7) If the person is not the sole legal or equitable owner of the real property or mobile home which is not assessed as real property, the exact share of the person's interest in it.
        (8) The name of any other county in which the person has applied for a deduction under this section and the amount of deduction claimed in that application.
    (c) The authority for signing a deduction application filed under

this section may not be delegated by the real property or mobile home owner or contract buyer to any person except upon an executed power of attorney. The power of attorney may be contained in the recorded mortgage, contract, or memorandum of the contract, or in a separate instrument.

SOURCE: IC 6-1.1-12-11; (01)MO100303.6. -->     SECTION 6. IC 6-1.1-12-11 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2003]: Sec. 11. (a) An individual may have the sum of six thousand dollars ($6,000) deducted from the assessed value of real property or a mobile home which is not assessed as real property that the individual owns, or that the individual is buying under a contract that provides that the individual is to pay property taxes on the real property or mobile home, if the contract or a memorandum of the contract is recorded in the county recorder's office, and if:
        (1) the individual is blind or the individual is a disabled person;
        (2) the real property or mobile home which is not assessed as real property is principally used and occupied by the individual as the individual's residence; and
        (3) the individual's taxable gross income for the calendar year preceding the year in which the deduction is claimed did not exceed seventeen thousand dollars ($17,000).
    (b) For purposes of this section, taxable gross income does not include income which is not taxed under the federal income tax laws.
    (c) For purposes of this section, "blind" has the same meaning as the definition contained in IC 12-7-2-21(1).
    (d) For purposes of this section, "disabled person" means a person unable to engage in any substantial gainful activity by reason of a medically determinable physical or mental impairment which:
        (1) can be expected to result in death; or
        (2) has lasted or can be expected to last for a continuous period of not less than twelve (12) months.
    (e) Disabled persons filing claims under this section shall submit proof of disability in such form and manner as the department shall by rule prescribe. Proof that a claimant is eligible to receive disability benefits under the federal Social Security Act (42 U.S.C. 301 et seq.) shall constitute proof of disability for purposes of this section.
    (f) A disabled person not covered under the federal Social Security Act shall be examined by a physician and the individual's status as a disabled person determined by using the same standards as used by the Social Security Administration. The costs of this examination shall be borne by the claimant.
    (g) An individual who has sold real property or a mobile home

which is not assessed as real property to another person under a contract that provides that the contract buyer is to pay the property taxes on the real property or mobile home may not claim the deduction provided under this section against that real property or mobile home.

SOURCE: IC 6-1.1-12-12; (01)MO100303.7. -->     SECTION 7. IC 6-1.1-12-12 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2003]: Sec. 12. (a) Except as provided in section 17.8 of this chapter, a person who desires to claim the deduction provided in section 11 of this chapter must file an application, on forms prescribed by the state board of tax commissioners, with the auditor of the county in which the real property or mobile home which is not assessed as real property is located. The application must be filed during the twelve (12) months before May 11 of each year for which the individual wishes to obtain the deduction. The application may be filed in person or by mail. If mailed, the mailing must be postmarked on or before the last day for filing.
    (b) Proof of blindness may be supported by:
        (1) the records of a county office of family and children, the division of family and children, or the division of disability, aging, and rehabilitative services; or
        (2) the written statement of a physician who is licensed by this state and skilled in the diseases of the eye or of a licensed optometrist.
    (c) The application required by this section must contain the record number and page where the contract or memorandum of the contract is recorded if the individual is buying the real property or mobile home which is not assessed as real property on a contract that provides that he is to pay property taxes on the real property or mobile home which is not assessed as real property.
SOURCE: IC 6-1.1-12-37; (01)MO100303.8. -->     SECTION 8. IC 6-1.1-12-37 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2003]: Sec. 37. (a) Each year a person who is entitled to receive the homestead credit provided under IC 6-1.1-20.9 for property taxes payable in the following year is entitled to a standard deduction from the assessed value of the real property or mobile home which is not assessed as real property that qualifies for the homestead credit. The auditor of the county shall record and make the deduction for the person qualifying for the deduction.
    (b) The total amount of the deduction that a person may receive under this section for a particular year is the lesser of:
        (1) one-half (1/2) of the assessed value of the real property or mobile home which is not assessed as real property; or
        (2) six thousand dollars ($6,000).
    (c) A person who has sold real property or a mobile home which is not assessed as real property to another person under a contract that provides that the contract buyer is to pay the property taxes on the

real property or mobile home may not claim the deduction provided under this section with respect to that real property or mobile home.".

SOURCE: Page 15, line 2; (01)MO100303.15. -->     Page 15, delete lines 2 through 42, begin a new paragraph and insert:
SOURCE: IC 6-1.1-20.5-1; (01)MO100303.13. -->     "SECTION 13. IC 6-1.1-20.5-1, AS ADDED BY P.L.273-1999, SECTION 50, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2003]: Sec. 1. As used in this chapter, "personal property" includes means business personal property. as defined in IC 6-1.1-1-11 and personal property assessed under IC 6-1.1-7.
SOURCE: IC 6-1.1-20.9-1; (01)MO100303.14. -->     SECTION 14. IC 6-1.1-20.9-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2003]: Sec. 1. As used in this chapter:
        (1) "Dwelling" means any of the following:
             (A) Residential real property improvements which an individual uses as his residence, including a house or garage.
             (B) A mobile home which is not assessed as real property that an individual uses as the individual's residence.
        (2) "Homestead" means an individual's principal place of residence which:
            (A) is located in Indiana;
            (B) the individual either owns or is buying under a contract, recorded in the county recorder's office, that provides that he is to pay the property taxes on the residence; and
            (C) consists of a dwelling and the real estate, not exceeding one (1) acre, that immediately surrounds that dwelling.".
SOURCE: Page 16, line 1; (01)MO100303.16. -->     Page 16, delete lines 1 through 29.
    Page 32, delete lines 36 through 37.
    Page 32, lines 41, delete "IC 6-3.1-20" and insert " IC 6-1.1-12-1, IC 6-1.1-12-2, IC 6-1.1-12-11, IC 6-1.1-12-12, IC 6-1.1-12-37, IC 6-1.1-20.5-1, and IC 6-1.1-20.9-1, all"
    Page 32, line 42, delete "added" and insert " amended".
    Page 32, line 42, delete "applies" and insert " apply".
    Page 32, line 42, delete "taxable years that begin" and insert " property taxes first due and payable".
    Renumber all SECTIONS consecutively.
    (Reference is to HB 1003 as printed February 16, 2001.)

________________________________________

Representative Espich


MO100303/DI 73     2001