Introduced Version
HOUSE BILL No. 1245
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 6-1.1-12-31; IC 6-1.1-12-36.
Synopsis: Coal gasification property tax deduction. Provides a coal
conversion system property tax deduction for five years beginning with
the March 1, 2005, assessment date.
Effective: Upon passage.
Woodruff
January 6, 2005, read first time and referred to Committee on Ways and Means.
Introduced
First Regular Session 114th General Assembly (2005)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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HOUSE BILL No. 1245
A BILL FOR AN ACT to amend the Indiana Code concerning
taxation.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 6-1.1-12-31; (05)IN1245.1.1. -->
SECTION 1. IC 6-1.1-12-31 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 31. (a) For
purposes of this section, "coal conversion system" means tangible
property directly used to convert coal into a gaseous or liquid fuel or
char. This definition includes coal liquification, gasification, pyrolysis,
and a fluid bed combustion system designed for pollution control.
(b) For property taxes first due and payable for each assessment
date in a calendar year which begins after December 31, 1979, 2004,
and before January 1, 1988, 2010, the owner of a coal conversion
system which is used to process coal is entitled to a deduction from the
assessed value of the system. The amount of the deduction for a
particular calendar year equals the product of (1) ninety-five percent
(95%) of the assessed value of the system, multiplied by (2) a fraction.
The numerator of the fraction is the amount of Indiana coal converted
by the system during the immediately preceding calendar year and the
denominator of the fraction is the total amount of coal converted by the
system during the immediately preceding calendar year.
SOURCE: IC 6-1.1-12-36; (05)IN1245.1.2. -->
SECTION 2. IC 6-1.1-12-36 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 36. (a) A person
who receives a deduction provided under section 26, 29, 31, 33, 34, or
38 of this chapter for a particular year and who remains eligible for the
deduction for the following year is not required to file a statement to
apply for the deduction for the following year.
(b) A person who receives a deduction provided under section 26,
29, 31, 33, 34, or 38 of this chapter for a particular year and who
becomes ineligible for the deduction for the following year shall notify
the auditor of the county in which the real property or mobile home for
which he the person received the deduction is located of his the
person's ineligibility before March 31 of the year for which he the
person becomes ineligible.
(c) The auditor of each county shall, in a particular year, apply a
deduction provided under section 26, 29, 33, 33, 34, or 38 of this
chapter to each person who received the deduction in the preceding
year unless the auditor determines that the person is no longer eligible
for the deduction.
SOURCE: ; (05)IN1245.1.3. -->
SECTION 3. [EFFECTIVE UPON PASSAGE] (a) The definitions
in IC 6-1.1-1 apply throughout this SECTION.
(b) Notwithstanding IC 6-1.1-12-35.5, a person may file for the
deduction under IC 6-1.1-12-31, as amended by this act, for the
March 1, 2005, assessment date anytime after the effective date of
this SECTION and before June 15, 2005. The department of
environmental management shall determine whether the system or
device qualifies for a deduction under IC 6-1.1-12-31, as amended
by this act, before July 15, 2005. If the department fails to make a
determination under this subsection before July 15, 2005, the
system or device is considered certified for assessment dates
beginning March 1, 2005.
SOURCE: ; (05)IN1245.1.4. -->
SECTION 4.
An emergency is declared for this act.