SOURCE: Page 1, line 1; (05)MO158401.1. -->
Page 1, between the enacting clause and line 1, begin a new
paragraph and insert:
SOURCE: IC 6-1.1-3-18; (05)MO158401.1. -->
"SECTION 1. IC 6-1.1-3-18 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2006]: Sec. 18. (a) Each
township assessor of a county shall periodically report to the county
assessor and the county auditor with respect to the returns and
properties of taxpayers which the township assessor has examined. The
township assessor shall submit these reports in the form and on the
dates prescribed by the department of local government finance.
(b) Each year, on or before the time prescribed by the department of
local government finance, each township assessor of a county shall
deliver to:
(1) the county assessor:
(A) a copy of each business personal property return which the
taxpayer is required to file in duplicate under section 7(c) of
this chapter; and
(B) a copy of any supporting data supplied by the taxpayer
with the return; and
(2) the department of local government finance a copy of each
business personal property return on which the taxpayer
makes an election under IC 6-1.1-3-23.".
SOURCE: Page 1, line 3; (05)MO158401.1. -->
Page 1, line 3, strike "For purposes of" and insert "
The following
definitions apply throughout".
Page 1, between lines 5 and 6, begin a new line block indented and
insert:
"
(2) "department" means the department of local government
finance;".
Page 1, line 6, strike "(2)" and insert "
(3)".
Page 1, line 8, strike "(3)" and insert "
(4)".
Page 1, line 11, strike "(4)" and insert "
(5)".
Page 1, line 15, strike "(5)" and insert "
(6)".
Page 2, line 1, strike "(6)" and insert "
(7)".
Page 2, line 3, strike "(7)" and insert "
(8)".
Page 2, line 18, strike "(8)" and insert "
(9)".
Page 2, line 20, strike "(9)" and insert "
(10)".
Page 2, line 24, after "IAC 4.2-4-7," insert "
and except as provided
in subsection (h),".
Page 3, strike line 20.
Page 3, line 21, strike "date." and insert "
to implement this
section.".
Page 3, between lines 31 and 32, begin a new paragraph and insert:
"
(h) Except as provided in subsection (i), a taxpayer may not make
an election under subsection (f) on a business personal property tax
return filed for a calendar year if during that year the taxpayer
transfers from Indiana to another country jobs involving
production or manufacturing:
(1) at a special integrated steel mill or an oil
refinery/petrochemical company; or
(2) related to special integrated steel mill or oil
refinery/petrochemical company equipment.
(i) Subsection (h) does not apply if:
(1) the transfer of jobs referred to in subsection (h) is not part
of a plan to permanently transfer jobs from Indiana to
another country; or
(2) the taxpayer employs at least as many employees in jobs
involving production or manufacturing in Indiana during the
calendar year for which the election is made as the taxpayer
employs during the calendar year that immediately precedes
the calendar year for which the election is made.
(j) The department shall disallow an election under subsection
(f) for a taxpayer if the taxpayer displaces jobs during the calendar
year for which the election is made. The department shall
determine whether a taxpayer is eligible for an election under
subsection (f) not later than January 15 of the calendar year that
immediately succeeds the calendar year for which the election is
made. The election is allowed if the department does not make a
final determination to disallow the election by that date.
(k) If the department proposes to disallow an election under
subsection (f), the department shall give the taxpayer, the county
assessor, and the township assessor at least ten (10) days notice by
mail of a hearing on the proposed disallowance. The notice must
clearly state the department's reasons for proposing to disallow the
election. After the hearing, the department shall give notice by mail
of its determination to the taxpayer, the township assessor, and the
county assessor.
(l) If the department disallows a taxpayer's election under
subsection (k), the taxpayer, the county assessor, or the township
assessor may appeal the determination of the department by filing
a petition with the Indiana board not more than forty-five (45) days
after the department gives notice of the determination. A petition
filed under this subsection is considered a petition filed under
IC 6-1.1-15-3 for purposes of petition and review under
IC 6-1.1-15.
(m) A taxpayer whose election is disallowed under subsection (k)
may:
(1) file an amended business personal property tax return not
later than thirty (30) days after the date of the department's
determination under subsection (k) to disallow the election;
and
(2) claim on the amended return filed under subdivision (1)
depreciation and obsolescence, including abnormal
obsolescence, as if the taxpayer did not make an election
under subsection (b), notwithstanding any other law.
(n) A township assessor, county assessor, or county property tax
assessment board of appeals may not disallow a taxpayer's election
under subsection (b).".
Page 3, line 33, delete "act," and insert " act with respect to the
definition of integrated steel mill,".
Page 3, line 34, after "2004." insert " IC 6-1.1-3-18, as amended by
this act, and IC 6-1.1-3-23, as otherwise amended by this act, apply
only to property taxes first due and payable after December 31,
2006.".
Renumber all SECTIONS consecutively.
(Reference is to HB 1584 as printed February 18, 2005.)
________________________________________
MO158401/DI 58 2005