HB 1293-1_ Filed 02/19/2008, 12:22
Adopted 2/19/2008
COMMITTEE REPORT
MADAM PRESIDENT:
The Senate Committee on Tax and Fiscal Policy, to which was referred House Bill No. 1293, has had
the same under consideration and begs leave to report the same back to the Senate with the
recommendation that said bill be AMENDED as follows:
SOURCE: Page 1, line 1; (08)AM129306.1. -->
Page 1, delete lines 1 through 17, begin a new paragraph and insert:
SOURCE: IC 6-1.1-5.5-1; (08)AM129306.1. -->
"SECTION 1. IC 6-1.1-5.5-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 1. As used in this
chapter, "conveyance" means any transfer of a real property interest for
valuable consideration. except a transfer to a charity.
SOURCE: IC 6-1.1-5.5-2; (08)AM129306.2. -->
SECTION 2. IC 6-1.1-5.5-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 2.
(a) As used in this
chapter, "conveyance document" means any
of the following:
(1) Any of the following that purports to transfer a real
property interest for valuable consideration:
(A) A document.
(B) A deed.
(C) A contract of sale.
(D) An agreement
(E) A judgment.
(F) A lease that includes the fee simple estate and is for a
period in excess of ninety (90) years.
(G) A quitclaim deed serving as a source of title.
or other
(H) Another document presented for recording.
that purports to transfer a real property interest for valuable
consideration.
(2) Documents for compulsory transactions as a result of
foreclosure or express threat of foreclosure, divorce, court
order, condemnation, or probate.
(3) Documents involving the partition of land between tenants
in common, joint tenants, or tenants by the entirety.
(b) The term does not include the following:
(1) Security interest documents such as mortgages and trust
deeds.
(2) Leases that are for a term of less than ninety (90) years.
(3) Documents for compulsory transactions as a result of
foreclosure or express threat of foreclosure, divorce, court order,
condemnation, or probate.
(4) Documents involving the partition of land between tenants in
common, joint tenants, or tenants by the entirety.
(5) (3) Agreements and other documents for mergers,
consolidations, and incorporations involving solely nonlisted
stock.
(6) (4) Quitclaim deeds not serving as a source of title.
SOURCE: IC 6-1.1-5.5-3; (08)AM129306.3. -->
SECTION 3. IC 6-1.1-5.5-3, AS AMENDED BY P.L.219-2007,
SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2008]: Sec. 3. (a) For purposes of this section, "party"
includes:
(1) a seller of property that is exempt under the seller's ownership;
or
(2) a purchaser of property that is exempt under the purchaser's
ownership;
from property taxes under IC 6-1.1-10.
(b)
Subject to subsection (g), before filing a conveyance document
with the county auditor under IC 6-1.1-5-4, all the parties to the
conveyance must do the following:
(1)
Complete and sign a sales disclosure form as prescribed by the
department of local government finance under section 5 of this
chapter. All the parties may sign one (1) form, or if all the parties
do not agree on the information to be included on the completed
form, each party may sign and file a separate form.
For
conveyance transactions involving more than two (2) parties,
one (1) transferor and one (1) transferee signing the sales
disclosure form is sufficient.
(2) Before filing a sales disclosure form with the county auditor,
submit the sales disclosure form to the county assessor. The
county assessor must review the accuracy and completeness of
each sales disclosure form submitted immediately upon receipt of
the form and, if the form is accurate and complete, stamp, or
otherwise approve the form as eligible for filing with the county
auditor and return the form to the appropriate party for filing with
the county auditor. If multiple forms are filed in a short period,
the county assessor shall process the forms as quickly as possible.
For purposes of this subdivision, a sales disclosure form is
considered to be accurate and complete if:
(A) the county assessor does not have substantial evidence
when the form is reviewed under this subdivision that
information in the form is inaccurate; and
(B) the form: both of the following conditions are satisfied:
(i) substantially conforms to the sales disclosure form
prescribed by the department of local government finance
under section 5 The form contains the information
required by section 5(a)(1) through 5(a)(16) of this
chapter as that section applies to the conveyance
transaction, subject to the obligation of a party to
furnish or correct that information in the manner
required by and subject to the penalty provisions of
section 12 of this chapter. The form may not be rejected
for failure to contain information other than that
required by section 5(a)(1) through 5(a)(16) of this
chapter. and
(ii) The form is submitted to the county assessor in a format
usable to the county assessor.
(3) File the sales disclosure form with the county auditor.
(c) Except as provided in subsection (d), the auditor shall review
each sales disclosure form and process any homestead credit and
deduction for which the form serves as an application under
IC 6-1.1-12-44 and IC 6-1.1-20.9-3.5. The auditor shall forward each
sales disclosure form to the county assessor. The county assessor shall
verify the assessed valuation of the property for the assessment
date to which the application applies and transmit that assessed
valuation to the auditor. The county assessor shall retain the forms for
five (5) years. The county assessor shall forward the sales disclosure
form data to the department of local government finance and the
legislative services agency in an electronic format specified jointly by
the department of local government finance and the legislative services
agency. The county assessor shall forward a copy of the sales
disclosure forms to the township assessors in the county. The forms
may be used by the county assessing officials, the department of local
government finance, and the legislative services agency for the
purposes established in IC 6-1.1-4-13.6, sales ratio studies,
equalization, adoption of rules under IC 6-1.1-31-3 and IC 6-1.1-31-6,
and any other authorized purpose.
(d) In a county containing a consolidated city, the auditor shall
review each sales disclosure form and process any homestead
credit and deduction for which the form serves as an application
under IC 6-1.1-12-44 and IC 6-1.1-20.9-3.5. The auditor shall
forward the sales disclosure form to the appropriate township assessor.
The township assessor shall verify the assessed valuation of the
property for the assessment date to which the application applies
and transmit that assessed valuation to the auditor. The township
assessor shall forward the sales disclosure form to the department of
local government finance and the legislative services agency in an
electronic format specified jointly by the department of local
government finance and the legislative services agency. The forms may
be used by the county assessing officials, the county auditor, the
department of local government finance, and the legislative services
agency for the purposes established in IC 6-1.1-4-13.6, sales ratio
studies, equalization, adoption of rules under IC 6-1.1-31-3 and
IC 6-1.1-31-6, and any other authorized purpose.
(e) If a sales disclosure form includes the telephone number or
Social Security number of a party, the telephone number or Social
Security number is confidential.
(f) County assessing officials, county auditors, and other local
officials may not establish procedures or requirements concerning sales
disclosure forms that substantially differ from the procedures and
requirements of this chapter.
(g) A separate sales disclosure form is required for each parcel
conveyed, regardless of whether more than one (1) parcel is
conveyed under a single conveyance document.
SOURCE: IC 6-1.1-5.5-4; (08)AM129306.4. -->
SECTION 4. IC 6-1.1-5.5-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 4. (a) Except as
provided in subsection (b), a person filing a sales disclosure form
under this chapter shall pay a fee of five ten dollars ($5) ($10) to the
county auditor.
(b) No fee is due and payable under subsection (a) if the
conveyance to which the sales disclosure form filing applies is
either or both of the following:
(1) To a charity.
(2) Under a conveyance document described in section 2(a)(2)
or 2(a)(3) of this chapter.
(b) Eighty (c) Fifty percent (80%) (50%) of the revenue collected
under this section and section 12 of this chapter shall be deposited in
the county sales disclosure fund established under section 4.5 of this
chapter. Twenty Fifty percent (20%) (50%) of the revenue shall be
transferred to the state treasurer for deposit in the state assessment
training fund established under section 4.7 of this chapter.
SOURCE: IC 6-1.1-5.5-5; (08)AM129306.5. -->
SECTION 5. IC 6-1.1-5.5-5, AS AMENDED BY P.L.154-2006,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2008]: Sec. 5. (a) The department of local government finance
shall prescribe a sales disclosure form for use under this chapter. The
form prescribed by the department of local government finance must
include at least the following information:
(1) The key number (as defined in IC 6-1.1-1-8.5) of the parcel
(as defined in IC 6-1.1-1-8.5). subject to the conveyance.
(2) Whether the entire parcel is being conveyed.
(3) The address of the property. parcel if the parcel is improved.
(4) The date of the execution of the form.
(5) The date the property was transferred.
(6) Whether the transfer includes an interest in land or
improvements, or both.
(7) Whether the transfer includes personal property.
(8) An estimate of the value of any personal property included in
the transfer.
(9) The name, address, and telephone number of:
(A) each transferor and transferee; and
(B) the person that prepared the form.
(10) The mailing address to which the property tax bills or other
official correspondence should be sent.
(11) The ownership interest transferred.
(12) The classification of the property (as residential, commercial,
industrial, agricultural, vacant land, or other).
(13) The total price actually paid or required to be paid in
exchange for the conveyance, whether in terms of money,
property, a service, an agreement, or other consideration, but
excluding tax payments and payments for legal and other services
that are incidental to the conveyance.
(14) The terms of seller provided financing, such as interest rate,
points, type of loan, amount of loan, and amortization period, and
whether the borrower is personally liable for repayment of the
loan.
(15) Any family or business relationship existing between the
transferor and the transferee.
(16) A legal description of the parcel subject to the
conveyance.
(17) Whether the transferee is using the form to claim the
following for property taxes first due and payable in a
calendar year after 2008:
(A) One (1) or more deductions under IC 6-1.1-12-44.
(B) The homestead credit under IC 6-1.1-20.9-3.5.
(18) If the transferee uses the form to claim the homestead
credit under IC 6-1.1-20.9-3.5, the name of any other county
and township in which the transferee of residential real
property owns or is buying residential real property.
(16) (19) Other information as required by the department of local
government finance to carry out this chapter.
If a form under this section includes the telephone number or the Social
Security number of a party, the telephone number or the Social Security
number is confidential.
(b) The instructions for completing the form described in subsection
(a) must include the information described in IC 6-1.1-12-43(c)(1).
SOURCE: IC 6-1.1-5.5-6; (08)AM129306.6. -->
SECTION 6. IC 6-1.1-5.5-6, AS AMENDED BY P.L.154-2006,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2008]: Sec. 6. (a) The county auditor may not accept a
conveyance document if:
(1) the sales disclosure form signed by all the parties and attested
as required under section 9 of this chapter is not included with the
document; or
(2) the sales disclosure form does not contain the information
described in section 5(a) required by section 5(a)(1) through
5(a)(16) of this chapter as that section applies to the
conveyance, subject to the obligation of a party to furnish or
correct the information in the manner required by and
subject to the penalty provisions of section 12 of this chapter.
(b) The county recorder shall not record a conveyance document
without evidence that the parties have filed with the county auditor
a completed sales disclosure form with the county auditor. approved
by the county assessor as eligible for filing under section 3(b)(2) of
this chapter.
SOURCE: IC 6-1.1-5.5-10; (08)AM129306.7. -->
SECTION 7. IC 6-1.1-5.5-10 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 10. (a) A person who
knowingly and intentionally:
(1) falsifies the value of transferred real property; or
(2) omits or falsifies any information required to be provided in
the sales disclosure form;
commits a Class A misdemeanor. Class C felony.
(b) A public official who knowingly and intentionally accepts:
(1) a sales disclosure document for filing that:
(A) falsifies the value of transferred real property; or
(B) omits or falsifies any information required to be provided
in the sales disclosure form; or
(2) a conveyance document for recording in violation of section
6 of this chapter;
commits a Class A infraction.
SOURCE: IC 6-1.1-5.5-12; (08)AM129306.8. -->
SECTION 8. IC 6-1.1-5.5-12 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 12. (a) A party to a
conveyance who:
(1)
is required to file either:
(A) files a sales disclosure form
under that does not contain
all of the information required by this chapter;
or
(B) files a sales disclosure form that contains inaccurate
information;
and receives from the township assessor (in a county
containing a consolidated city) or the county assessor (in any
other county) written notice of the problems described in
clause (A) or (B); and
(2) fails to file a
correct sales disclosure form
at the time and in
the manner required by this chapter; that fully complies with all
requirements of this chapter within thirty (30) days after the
date of the notice under subdivision (1);
is subject to a penalty in the amount determined under subsection (b).
(b) The amount of the penalty under subsection (a) is the greater of:
(1) one hundred dollars ($100); or
(2) twenty-five thousandths percent (0.025%) of the sale price of
the real property transferred under the conveyance document.
(c) The township assessor in a county containing a consolidated city,
or the county assessor in any other county, shall:
(1) determine the penalty imposed under this section;
(2) assess the penalty to the party to a conveyance; and
(3) notify the party to the conveyance that the penalty is payable
not later than thirty (30) days after notice of the assessment.
(d) The county auditor shall:
(1) collect the penalty imposed under this section;
(2) deposit penalty collections as required under section 4 of this
chapter; and
(3) notify the county prosecuting attorney of delinquent payments.
(e) The county prosecuting attorney shall initiate an action to
recover a delinquent penalty under this section. In a successful action
against a person for a delinquent penalty, the court shall award the
county prosecuting attorney reasonable attorney's fees.
SOURCE: IC 6-1.1-12-1; (08)AM129306.9. -->
SECTION 9. IC 6-1.1-12-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2008 (RETROACTIVE)]:
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, an installment loan financed mobile
home that is not assessed as real property, or an installment loan
financed manufactured home that is not assessed as real property
that he owns; or
(2) real property, a mobile home that is not assessed as real
property, or a manufactured home that 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, mobile home, or manufactured home.
(b) Except as provided in section 40.5 of this chapter, 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,
mobile home, or manufactured home; or
(3) three thousand dollars ($3,000);
whichever is least.
(c) A person who has sold real property, a mobile home not assessed
as real property, or a manufactured home 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, mobile home, or
manufactured home may not claim the deduction provided under this
section with respect to that real property, mobile home, or
manufactured home.
(d) The person must:
(1) own the real property, mobile home, or manufactured
home; or
(2) be buying the real property, mobile home, or
manufactured home under contract;
on the date the statement is filed under section 2 of this chapter.
SOURCE: IC 6-1.1-12-2; (08)AM129306.10. -->
SECTION 10. IC 6-1.1-12-2, AS AMENDED BY P.L.183-2007,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2008] [(RETROACTIVE)]: Sec. 2. (a) Except as
provided in section 17.8 of this chapter and subject to section 45 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 department of local government finance, with the
auditor of the county in which the real property, mobile home not
assessed as real property, or manufactured home not assessed as real
property is located. With respect to real property the statement must be
filed during the twelve (12) months before June 11 of each year for
which the person wishes to obtain the deduction. With respect to a
mobile home that is not assessed as real property or a manufactured
home that is not assessed as real property, the statement must be filed
during the twelve (12) months before March 31 of each year for which
the individual 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, mobile home, or
manufactured home.
(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, mobile home, or
manufactured home 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, mobile home, or manufactured home, 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, mobile home, or
manufactured 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 6-1.1-12-3; (08)AM129306.11. -->
SECTION 11. IC 6-1.1-12-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2008 (RETROACTIVE)]:
Sec. 3. An individual who is a resident of this state on the assessment
date of any year may claim the deduction provided by section 1 of this
chapter for that the assessment date in a year in the manner prescribed
in section 4 of this chapter if during the filing period prescribed in
section 2 of this chapter he that applies to the assessment date the
individual was:
(1) a member of the United States armed forces; and
(2) away from the county of his residence as a result of military
service.
SOURCE: IC 6-1.1-12-4; (08)AM129306.12. -->
SECTION 12. IC 6-1.1-12-4, AS AMENDED BY P.L.154-2006,
SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2008 (RETROACTIVE)]: Sec. 4. (a) An individual who
satisfies the requirements of section 3 of this chapter may file a claim
for a deduction, or deductions, provided by section 1 of this chapter
during the
twelve (12) months before June 11 of the year following the
year in which the individual is discharged from military service. The
individual shall file the claim, on the forms prescribed for claiming a
deduction under section 2 of this chapter, with the auditor of the county
in which the real property is located. The claim shall specify the
particular year, or years, for which the deduction is claimed. The
individual shall attach to the claim an affidavit which states the facts
concerning the individual's absence as a member of the United States
armed forces.
(b) The county property tax assessment board of appeals shall
examine the individual's claim and shall determine the amount of
deduction, or deductions, the individual is entitled to and the year, or
years, for which deductions are due. Based on the board's
determination, the county auditor shall calculate the excess taxes paid
by the individual and shall refund the excess to the individual from
funds not otherwise appropriated. The county auditor shall issue, and
the county treasurer shall pay, a warrant for the amount, if any, to
which the individual is entitled.
SOURCE: IC 6-1.1-12-9; (08)AM129306.13. -->
SECTION 13. IC 6-1.1-12-9, AS AMENDED BY P.L.219-2007,
SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2008 (RETROACTIVE)]: Sec. 9. (a) An individual may
obtain a deduction from the assessed value of the individual's real
property, or mobile home or manufactured home which is not assessed
as real property, if:
(1) the individual is at least sixty-five (65) years of age on or
before December 31 of the calendar year preceding the year in
which the deduction is claimed;
(2) the combined adjusted gross income (as defined in Section 62
of the Internal Revenue Code) of:
(A) the individual and the individual's spouse; or
(B) the individual and all other individuals with whom:
(i) the individual shares ownership; or
(ii) the individual is purchasing the property under a
contract;
as joint tenants or tenants in common;
for the calendar year preceding the year in which the deduction is
claimed did not exceed twenty-five thousand dollars ($25,000);
(3) the individual has owned the real property, mobile home, or
manufactured home for at least one (1) year before claiming the
deduction; or the individual has been buying the real property,
mobile home, or manufactured home under a contract that
provides that the individual is to pay the property taxes on the real
property, mobile home, or manufactured home for at least one (1)
year before claiming the deduction, and the contract or a
memorandum of the contract is recorded in the county recorder's
office;
(4) the individual and any individuals covered by subdivision
(2)(B) reside on the real property, mobile home, or manufactured
home;
(5) the assessed value of the real property, mobile home, or
manufactured home does not exceed one hundred eighty-two
thousand four hundred thirty dollars ($182,430);
and
(6) the individual receives no other property tax deduction for the
year in which the deduction is claimed, except the deductions
provided by sections 1, 37, and 38 of this chapter;
and
(7) the person:
(1) owns the real property, mobile home, or manufactured
home; or
(2) is buying the real property, mobile home, or
manufactured home under contract;
on the date the statement required by section 10.1 of this
chapter is filed.
(b) Except as provided in subsection (h), in the case of real property,
an individual's deduction under this section equals the lesser of:
(1) one-half (1/2) of the assessed value of the real property; or
(2) twelve thousand four hundred eighty dollars ($12,480).
(c) Except as provided in subsection (h) and section 40.5 of this
chapter, in the case of a mobile home that is not assessed as real
property or a manufactured home which is not assessed as real
property, an individual's deduction under this section equals the lesser
of:
(1) one-half (1/2) of the assessed value of the mobile home or
manufactured home; or
(2) twelve thousand four hundred eighty dollars ($12,480).
(d) An individual may not be denied the deduction provided under
this section because the individual is absent from the real property,
mobile home, or manufactured home while in a nursing home or
hospital.
(e) For purposes of this section, if real property, a mobile home, or
a manufactured home is owned by:
(1) tenants by the entirety;
(2) joint tenants; or
(3) tenants in common;
only one (1) deduction may be allowed. However, the age requirement
is satisfied if any one (1) of the tenants is at least sixty-five (65) years
of age.
(f) A surviving spouse is entitled to the deduction provided by this
section if:
(1) the surviving spouse is at least sixty (60) years of age on or
before December 31 of the calendar year preceding the year in
which the deduction is claimed;
(2) the surviving spouse's deceased husband or wife was at least
sixty-five (65) years of age at the time of a death;
(3) the surviving spouse has not remarried; and
(4) the surviving spouse satisfies the requirements prescribed in
subsection (a)(2) through
(a)(6). (a)(7).
(g) An individual who has sold real property to another person
under a contract that provides that the contract buyer is to pay the
property taxes on the real property may not claim the deduction
provided under this section against that real property.
(h) In the case of tenants covered by subsection (a)(2)(B), if all of
the tenants are not at least sixty-five (65) years of age, the deduction
allowed under this section shall be reduced by an amount equal to the
deduction multiplied by a fraction. The numerator of the fraction is the
number of tenants who are not at least sixty-five (65) years of age, and
the denominator is the total number of tenants.
SOURCE: IC 6-1.1-12-10.1; (08)AM129306.14. -->
SECTION 14. IC 6-1.1-12-10.1, AS AMENDED BY P.L.183-2007,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2008 (RETROACTIVE)]: Sec. 10.1. (a) Except as
provided in section 7.8 section 17.8 of this chapter and subject to
section 45 of this chapter, an individual who desires to claim the
deduction provided by section 9 of this chapter must file a sworn
statement, on forms prescribed by the department of local government
finance, with the auditor of the county in which the real property,
mobile home, or manufactured home is located. With respect to real
property, the statement must be filed during the twelve (12) months
before June 11 of each year for which the individual wishes to obtain
the deduction. With respect to a mobile home that is not assessed as
real property or a manufactured home that is not assessed as real
property, the statement must be filed during the twelve (12) months
before March 31 of each year for which the individual 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.
(b) The statement referred to in subsection (a) shall be in affidavit
form or require verification under penalties of perjury. The statement
must be filed in duplicate if the applicant owns, or is buying under a
contract, real property, a mobile home, or a manufactured home subject
to assessment in more than one (1) county or in more than one (1)
taxing district in the same county. The statement shall contain:
(1) the source and exact amount of gross income received by the
individual and the individual's spouse during the preceding
calendar year;
(2) the description and assessed value of the real property, mobile
home, or manufactured home;
(3) the individual's full name and complete residence address;
(4) the record number and page where the contract or
memorandum of the contract is recorded if the individual is
buying the real property, mobile home, or manufactured home on
contract; and
(5) any additional information which the department of local
government finance may require.
(c) In order to substantiate the deduction statement, the applicant
shall submit for inspection by the county auditor a copy of the
applicant's and a copy of the applicant's spouse's income tax returns for
the preceding calendar year. If either was not required to file an income
tax return, the applicant shall subscribe to that fact in the deduction
statement.
SOURCE: IC 6-1.1-12-11; (08)AM129306.15. -->
SECTION 15. IC 6-1.1-12-11, AS AMENDED BY P.L.99-2007,
SECTION 22, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2008 (RETROACTIVE)]: Sec. 11. (a) Except as
provided in section 40.5 of this chapter, an individual may have the
sum of twelve thousand four hundred eighty dollars ($12,480) deducted
from the assessed value of real property, mobile home not assessed as
real property, or manufactured home 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, mobile home, or manufactured 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 has a disability;
(2) the real property, mobile home, or manufactured home 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); and
(4) the individual:
(1) owns the real property, mobile home, or manufactured
home; or
(2) is buying the real property, mobile home, or
manufactured home under contract;
on the date the statement required by section 12 of this
chapter is filed.
(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, "individual with a disability" 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) An individual with a disability filing a claim 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) An individual with a disability not covered under the federal
Social Security Act shall be examined by a physician and the
individual's status as an individual with a disability 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, a mobile home not
assessed as real property, or a manufactured home 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, mobile
home, or manufactured home may not claim the deduction provided
under this section against that real property, mobile home, or
manufactured home.
SOURCE: IC 6-1.1-12-12; (08)AM129306.16. -->
SECTION 16. IC 6-1.1-12-12, AS AMENDED BY P.L.183-2007,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2008 (RETROACTIVE)]: Sec. 12. (a) Except as
provided in section 17.8 of this chapter and subject to section 45 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 department of local government finance, with the auditor of the
county in which the real property, mobile home not assessed as real
property, or manufactured home not assessed as real property is
located. With respect to real property, the application must be filed
during the twelve (12) months before June 11 of each year for which
the individual wishes to obtain the deduction. With respect to a mobile
home that is not assessed as real property or a manufactured home that
is not assessed as real property, the application must be filed during the
twelve (12) months before March 31 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 resources, or the division of disability 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, mobile home,
or manufactured home on a contract that provides that the individual
is to pay property taxes on the real property, mobile home, or
manufactured home.
SOURCE: IC 6-1.1-12-13; (08)AM129306.17. -->
SECTION 17. IC 6-1.1-12-13, AS AMENDED BY P.L.99-2007,
SECTION 23, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2008 (RETROACTIVE)]: Sec. 13. (a) Except as
provided in section 40.5 of this chapter, an individual may have
twenty-four thousand nine hundred sixty dollars ($24,960) deducted
from the assessed value of the taxable tangible property that the
individual owns, or real property, a mobile home not assessed as real
property, or a manufactured home not assessed as real property that the
individual is buying under a contract that provides that the individual
is to pay property taxes on the real property, mobile home, or
manufactured home, if the contract or a memorandum of the contract
is recorded in the county recorder's office and if:
(1) the individual served in the military or naval forces of the
United States during any of its wars;
(2) the individual received an honorable discharge;
(3) the individual has a disability with a service connected
disability of ten percent (10%) or more; and
(4) the individual's disability is evidenced by:
(A) a pension certificate, an award of compensation, or a
disability compensation check issued by the United States
Department of Veterans Affairs; or
(B) a certificate of eligibility issued to the individual by the
Indiana department of veterans' affairs after the Indiana
department of veterans' affairs has determined that the
individual's disability qualifies the individual to receive a
deduction under this section; and
(5) the individual:
(1) owns the real property, mobile home, or manufactured
home; or
(2) is buying the real property, mobile home, or
manufactured home under contract;
on the date the statement required by section 15 of this
chapter is filed.
(b) The surviving spouse of an individual may receive the deduction
provided by this section if the individual would qualify for the
deduction if the individual were alive.
(c) One who receives the deduction provided by this section may not
receive the deduction provided by section 16 of this chapter. However,
the individual may receive any other property tax deduction which the
individual is entitled to by law.
(d) An individual who has sold real property, a mobile home not
assessed as real property, or a manufactured home 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, mobile
home, or manufactured home may not claim the deduction provided
under this section against that real property, mobile home, or
manufactured home.
SOURCE: IC 6-1.1-12-14; (08)AM129306.18. -->
SECTION 18. IC 6-1.1-12-14, AS AMENDED BY P.L.219-2007,
SECTION 26, AND AS AMENDED BY P.L.99-2007, SECTION 24,
IS CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE JANUARY 1, 2008 (RETROACTIVE)]: Sec. 14. (a)
Except as provided in subsection (c) and except as provided in section
40.5 of this chapter, an individual may have the sum of twelve
thousand four hundred eighty dollars ($12,480) deducted from the
assessed value of the tangible property that the individual owns (or the
real property, mobile home not assessed as real property, or
manufactured home not assessed as real property that the individual is
buying under a contract that provides that the individual is to pay
property taxes on the real property, mobile home, or manufactured
home if the contract or a memorandum of the contract is recorded in
the county recorder's office) if:
(1) the individual served in the military or naval forces of the
United States for at least ninety (90) days;
(2) the individual received an honorable discharge;
(3) the individual either:
(A)
is totally disabled; has a total disability; or
(B) is at least sixty-two (62) years old and has a disability of at
least ten percent (10%);
and
(4) the individual's disability is evidenced by:
(A) a pension certificate or an award of compensation issued
by the United States Department of Veterans Affairs; or
(B) a certificate of eligibility issued to the individual by the
Indiana department of veterans' affairs after the Indiana
department of veterans' affairs has determined that the
individual's disability qualifies the individual to receive a
deduction under this section; and
(5) the individual:
(1) owns the real property, mobile home, or manufactured
home; or
(2) is buying the real property, mobile home, or
manufactured home under contract;
on the date the statement required by section 15 of this
chapter is filed.
(b) Except as provided in subsection (c), the surviving spouse of an
individual may receive the deduction provided by this section if the
individual would qualify for the deduction if the individual were alive.
(c) No one is entitled to the deduction provided by this section if the
assessed value of the individual's tangible property, as shown by the tax
duplicate, exceeds one hundred thirteen forty-three thousand one
hundred sixty dollars ($113,000). ($143,160).
(d) An individual who has sold real property, a mobile home not
assessed as real property, or a manufactured home 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, mobile
home, or manufactured home may not claim the deduction provided
under this section against that real property, mobile home, or
manufactured home.
SOURCE: IC 6-1.1-12-15; (08)AM129306.19. -->
SECTION 19. IC 6-1.1-12-15, AS AMENDED BY P.L.183-2007,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2008 (RETROACTIVE)]: Sec. 15. (a) Except as
provided in section 17.8 of this chapter
and subject to section 45 of
this chapter, an individual who desires to claim the deduction
provided by section 13 or section 14 of this chapter must file a
statement with the auditor of the county in which the individual resides.
With respect to real property, the statement must be filed during the
twelve (12) months before June 11 of each year for which the
individual wishes to obtain the deduction. With respect to a mobile
home that is not assessed as real property or a manufactured home that
is not assessed as real property, the statement must be filed during the
twelve (12) months before March 31 of each year for which the
individual 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. The statement shall contain a sworn
declaration that the individual is entitled to the deduction.
(b) In addition to the statement, the individual shall submit to the
county auditor for the auditor's inspection:
(1) a pension certificate, an award of compensation, or a disability
compensation check issued by the United States Department of
Veterans Affairs if the individual claims the deduction provided
by section 13 of this chapter;
(2) a pension certificate or an award of compensation issued by
the United States Department of Veterans Affairs if the individual
claims the deduction provided by section 14 of this chapter; or
(3) the appropriate certificate of eligibility issued to the individual
by the Indiana department of veterans' affairs if the individual
claims the deduction provided by section 13 or 14 of this chapter.
(c) If the individual claiming the deduction is under guardianship,
the guardian shall file the statement required by this section.
(d) If the individual claiming a deduction under section 13 or 14 of
this chapter is buying real property, a mobile home not assessed as real
property, or a manufactured home not assessed as real property under
a contract that provides that the individual is to pay property taxes for
the real estate, mobile home, or manufactured home, the statement
required by this section must contain the record number and page
where the contract or memorandum of the contract is recorded.
SOURCE: IC 6-1.1-12-16; (08)AM129306.20. -->
SECTION 20. IC 6-1.1-12-16 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2008 (RETROACTIVE)]:
Sec. 16. (a) Except as provided in section 40.5 of this chapter, a
surviving spouse may have the sum of eighteen thousand seven
hundred twenty dollars ($18,720) deducted from the assessed value of
his or her tangible property, or real property, mobile home not assessed
as real property, or manufactured home not assessed as real property
that the surviving spouse is buying under a contract that provides that
he is to pay property taxes on the real property, mobile home, or
manufactured home, if the contract or a memorandum of the contract
is recorded in the county recorder's office, and if:
(1) the deceased spouse served in the military or naval forces of
the United States before November 12, 1918;
and
(2) the deceased spouse received an honorable discharge;
and
(3) the surviving spouse:
(1) owns the real property, mobile home, or manufactured
home; or
(2) is buying the real property, mobile home, or
manufactured home under contract;
on the date the statement required by section 17 of this
chapter is filed.
(b) A surviving spouse who receives the deduction provided by this
section may not receive the deduction provided by section 13 of this
chapter. However, he or she may receive any other deduction which he
or she is entitled to by law.
(c) An individual who has sold real property, a mobile home not
assessed as real property, or a manufactured home 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, mobile
home, or manufactured home may not claim the deduction provided
under this section against that real property, mobile home, or
manufactured home.
SOURCE: IC 6-1.1-12-17; (08)AM129306.21. -->
SECTION 21. IC 6-1.1-12-17, AS AMENDED BY P.L.183-2007,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2008 (RETROACTIVE)]: Sec. 17. Except as provided
in section 17.8 of this chapter and subject to section 45 of this
chapter, a surviving spouse who desires to claim the deduction
provided by section 16 of this chapter must file a statement with the
auditor of the county in which the surviving spouse resides. With
respect to real property, the statement must be filed during the twelve
(12) months before June 11 of each year for which the surviving spouse
wishes to obtain the deduction. With respect to a mobile home that is
not assessed as real property or a manufactured home that is not
assessed as real property, the statement must be filed during the twelve
(12) months before March 31 of each year for which the individual
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. The statement shall contain:
(1) a sworn statement that the surviving spouse is entitled to the
deduction; and
(2) the record number and page where the contract or
memorandum of the contract is recorded, if the individual is
buying the real property on a contract that provides that the
individual is to pay property taxes on the real property.
In addition to the statement, the surviving spouse shall submit to the
county auditor for the auditor's inspection a letter or certificate from the
United States Department of Veterans Affairs establishing the service
of the deceased spouse in the military or naval forces of the United
States before November 12, 1918.
SOURCE: IC 6-1.1-12-17.4; (08)AM129306.22. -->
SECTION 22. IC 6-1.1-12-17.4, AS AMENDED BY P.L.219-2007,
SECTION 27, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2008 (RETROACTIVE)]: Sec. 17.4. (a) Except as
provided in section 40.5 of this chapter, a World War I veteran who is
a resident of Indiana is entitled to have the sum of eighteen thousand
seven hundred twenty dollars ($18,720) deducted from the assessed
valuation of the real property (including a mobile home that is assessed
as real property), mobile home that is not assessed as real property, or
manufactured home that is not assessed as real property the veteran
owns or is buying under a contract that requires the veteran to pay
property taxes on the real property, if the contract or a memorandum of
the contract is recorded in the county recorder's office, if:
(1) the real property, mobile home, or manufactured home is the
veteran's principal residence;
(2) the assessed valuation of the real property, mobile home, or
manufactured home does not exceed two hundred six thousand
five hundred dollars ($206,500); and
(3) the veteran owns the real property, mobile home, or
manufactured home for at least one (1) year before claiming the
deduction; and
(4) the veteran:
(1) owns the real property, mobile home, or manufactured
home; or
(2) is buying the real property, mobile home, or
manufactured home under contract;
on the date the statement required by section 17.5 of this
chapter is filed.
(b) An individual may not be denied the deduction provided by this
section because the individual is absent from the individual's principal
residence while in a nursing home or hospital.
(c) For purposes of this section, if real property, a mobile home, or
a manufactured home is owned by a husband and wife as tenants by the
entirety, only one (1) deduction may be allowed under this section.
However, the deduction provided in this section applies if either spouse
satisfies the requirements prescribed in subsection (a).
(d) An individual who has sold real property, a mobile home not
assessed as real property, or a manufactured home 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, mobile
home, or manufactured home may not claim the deduction provided
under this section with respect to that real property, mobile home, or
manufactured home.
SOURCE: IC 6-1.1-12-17.5; (08)AM129306.23. -->
SECTION 23. IC 6-1.1-12-17.5, AS AMENDED BY P.L.183-2007,
SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2008 (RETROACTIVE)]: Sec. 17.5. (a) Except as
provided in section 17.8 of this chapter
and subject to section 45 of
this chapter, a veteran who desires to claim the deduction provided in
section 17.4 of this chapter must file a sworn statement, on forms
prescribed by the department of local government finance, with the
auditor of the county in which the real property, mobile home, or
manufactured home is assessed. With respect to real property, the
veteran must file the statement during the twelve (12) months before
June 11 of each year for which the veteran wishes to obtain the
deduction. With respect to a mobile home that is not assessed as real
property or a manufactured home that is not assessed as real property,
the statement must be filed during the twelve (12) months before
March 31 of each year for which the individual 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.
(b) The statement required under this section shall be in affidavit
form or require verification under penalties of perjury. The statement
shall be filed in duplicate if the veteran has, or is buying under a
contract, real property in more than one (1) county or in more than one
(1) taxing district in the same county. The statement shall contain:
(1) a description and the assessed value of the real property,
mobile home, or manufactured home;
(2) the veteran's full name and complete residence address;
(3) the record number and page where the contract or
memorandum of the contract is recorded, if the individual is
buying the real property, mobile home, or manufactured home on
a contract that provides that the individual is to pay property taxes
on the real property, mobile home, or manufactured home; and
(4) any additional information which the department of local
government finance may require.
SOURCE: IC 6-1.1-12-17.8; (08)AM129306.24. -->
SECTION 24. IC 6-1.1-12-17.8, AS AMENDED BY P.L.95-2007,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2008 (RETROACTIVE)]: Sec. 17.8. (a) An individual
who receives a deduction provided under section 1, 9, 11, 13, 14, 16,
or 17.4 of this chapter in a particular year and who remains eligible for
the deduction in the following year is not required to file a statement to
apply for the deduction in the following year.
(b) An individual who receives a deduction provided under section
1, 9, 11, 13, 14, 16, or 17.4 of this chapter in a particular year and who
becomes ineligible for the deduction in the following year shall notify
the auditor of the county in which the real property, mobile home, or
manufactured home for which the individual claims the deduction is
located of the individual's ineligibility
before June 11 of in the year in
which the individual becomes ineligible.
(c) The auditor of each county shall, in a particular year, apply a
deduction provided under section 1, 9, 11, 13, 14, 16, or 17.4 of this
chapter to each individual who received the deduction in the preceding
year unless the auditor determines that the individual is no longer
eligible for the deduction.
(d) An individual who receives a deduction provided under section
1, 9, 11, 13, 14, 16, or 17.4 of this chapter for property that is jointly
held with another owner in a particular year and remains eligible for
the deduction in the following year is not required to file a statement to
reapply for the deduction following the removal of the joint owner if:
(1) the individual is the sole owner of the property following the
death of the individual's spouse;
(2) the individual is the sole owner of the property following the
death of a joint owner who was not the individual's spouse; or
(3) the individual is awarded sole ownership of the property in a
divorce decree.
(e) A trust entitled to a deduction under section 9, 11, 13, 14, 16, or
17.4 of this chapter for real property owned by the trust and occupied
by an individual in accordance with section 17.9 of this chapter is not
required to file a statement to apply for the deduction, if:
(1) the individual who occupies the real property receives a
deduction provided under section 9, 11, 13, 14, 16, or 17.4 of this
chapter in a particular year; and
(2) the trust remains eligible for the deduction in the following
year.
SOURCE: IC 6-1.1-12-18; (08)AM129306.25. -->
SECTION 25. IC 6-1.1-12-18 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2008 (RETROACTIVE)]:
Sec. 18. (a) If the assessed value of residential real property described
in subsection (d) is increased because it has been rehabilitated, the
owner may have deducted from the assessed value of the property an
amount not to exceed the lesser of:
(1) the total increase in assessed value resulting from the
rehabilitation; or
(2) eighteen thousand seven hundred twenty dollars ($18,720) per
rehabilitated dwelling unit.
The owner is entitled to this deduction annually for a five (5) year
period.
(b) For purposes of this section, the term "rehabilitation" means
significant repairs, replacements, or improvements to an existing
structure which are intended to increase the livability, utility, safety, or
value of the property under rules adopted by the department of local
government finance.
(c) For the purposes of this section, the term "owner" or "property
owner" includes any person who has the legal obligation, or has
otherwise assumed the obligation, to pay the real property taxes on the
rehabilitated property.
(d) The deduction provided by this section applies only:
(1) for the rehabilitation of residential real property which is
located within this state and which is described in one (1) of the
following classifications:
(1) (A) A single family dwelling if before rehabilitation the
assessed value (excluding any exemptions or deductions) of
the improvements does not exceed thirty-seven thousand four
hundred forty dollars ($37,440).
(2) (B) A two (2) family dwelling if before rehabilitation the
assessed value (excluding exemptions or deductions) of the
improvements does not exceed forty-nine thousand nine
hundred twenty dollars ($49,920). and
(3) (C) A dwelling with more than two (2) family units if
before rehabilitation the assessed value (excluding any
exemptions or deductions) of the improvements does not
exceed eighteen thousand seven hundred twenty dollars
($18,720) per dwelling unit; and
(2) if the property owner:
(A) owns the residential real property; or
(B) is buying the residential real property under contract;
on the assessment date of the year in which an application
must be filed under section 20 of this chapter.
SOURCE: IC 6-1.1-12-20; (08)AM129306.26. -->
SECTION 26. IC 6-1.1-12-20, AS AMENDED BY P.L.154-2006,
SECTION 19, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2008 (RETROACTIVE)]: Sec. 20. (a) A property owner
who desires to obtain the deduction provided by section 18 of this
chapter must file a certified deduction application, on forms prescribed
by the department of local government finance, with the auditor of the
county in which the rehabilitated property is located. 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. Except as provided in
subsection (b) and subject to section 45 of this chapter, the
application must be filed before June 11 of in the year in which the
addition to assessed value is made.
(b) If notice of the addition to assessed value for any year is not
given to the property owner before May 11 December 1 of that year,
the application required by this section may be filed not later than thirty
(30) days after the date such a notice is mailed to the property owner
at the address shown on the records of the township assessor.
(c) The application required by this section shall contain the
following information:
(1) a description of the property for which a deduction is claimed
in sufficient detail to afford identification;
(2) statements of the ownership of the property;
(3) the assessed value of the improvements on the property before
rehabilitation;
(4) the number of dwelling units on the property;
(5) the number of dwelling units rehabilitated;
(6) the increase in assessed value resulting from the
rehabilitation; and
(7) the amount of deduction claimed.
(d) A deduction application filed under this section is applicable for
the year in which the increase in assessed value occurs and for the
immediately following four (4) years without any additional application
being filed.
(e) On verification of an application by the assessor of the township
in which the property is located, the county auditor shall make the
deduction.
SOURCE: IC 6-1.1-12-22; (08)AM129306.27. -->
SECTION 27. IC 6-1.1-12-22 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2008 (RETROACTIVE)]:
Sec. 22. (a) If the assessed value of property is increased because it has
been rehabilitated and the owner has paid at least ten thousand dollars
($10,000) for the rehabilitation, the owner is entitled to have deducted
from the assessed value of the property an amount equal to fifty percent
(50%) of the increase in assessed value resulting from the
rehabilitation. The owner is entitled to this deduction annually for a
five (5) year period. However, the maximum deduction which a
property owner may receive under this section for a particular year is:
(1) one hundred twenty-four thousand eight hundred dollars
($124,800) for a single family dwelling unit; or
(2) three hundred thousand dollars ($300,000) for any other type
of property.
(b) For purposes of this section, the term "property" means a
building or structure which was erected at least fifty (50) years before
the date of application for the deduction provided by this section. The
term "property" does not include land.
(c) For purposes of this section, the term "rehabilitation" means
significant repairs, replacements, or improvements to an existing
structure that are intended to increase the livability, utility, safety, or
value of the property under rules adopted by the department of local
government finance.
(d) The deduction provided by this section applies only if the
property owner:
(1) owns the property; or
(2) is buying the property under contract;
on the assessment date of the year in which an application must be
filed under section 24 of this chapter.
SOURCE: IC 6-1.1-12-24; (08)AM129306.28. -->
SECTION 28. IC 6-1.1-12-24, AS AMENDED BY P.L.154-2006,
SECTION 20, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2008 (RETROACTIVE)]: Sec. 24. (a) A property owner
who desires to obtain the deduction provided by section 22 of this
chapter must file a certified deduction application, on forms prescribed
by the department of local government finance, with the auditor of the
county in which the property is located. 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. Except as provided in subsection (b) and
subject to section 45 of this chapter, the application must be filed
before June 11 of in the year in which the addition to assessed
valuation is made.
(b) If notice of the addition to assessed valuation for any year is not
given to the property owner before May 11 December 31 of that year,
the application required by this section may be filed not later than thirty
(30) days after the date such a notice is mailed to the property owner
at the address shown on the records of the township assessor.
(c) The application required by this section shall contain the
following information:
(1) the name of the property owner;
(2) a description of the property for which a deduction is claimed
in sufficient detail to afford identification;
(3) the assessed value of the improvements on the property before
rehabilitation;
(4) the increase in the assessed value of improvements resulting
from the rehabilitation; and
(5) the amount of deduction claimed.
(d) A deduction application filed under this section is applicable for
the year in which the addition to assessed value is made and in the
immediate following four (4) years without any additional application
being filed.
(e) On verification of the correctness of an application by the
assessor of the township in which the property is located, the county
auditor shall make the deduction.
SOURCE: IC 6-1.1-12-27.1; (08)AM129306.29. -->
SECTION 29. IC 6-1.1-12-27.1, AS AMENDED BY P.L.183-2007,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2008 (RETROACTIVE)]: Sec. 27.1. Except as provided
in
section 36 sections 36 and 44 of this chapter
and subject to section
45 of this chapter, a person who desires to claim the deduction
provided by section 26 of this chapter must file a certified statement in
duplicate, on forms prescribed by the department of local government
finance, with the auditor of the county in which the real property or
mobile home is subject to assessment. With respect to real property, the
person must file the statement during the twelve (12) months before
June 11 of each year for which the person desires to obtain the
deduction. With respect to a mobile home which is not assessed as real
property, the person must file the statement during the twelve (12)
months before March 31 of each year for which the person desires to
obtain the deduction. The person must:
(1) own the real property, mobile home, or manufactured
home; or
(2) be buying the real property, mobile home, or
manufactured home under contract;
on the date the statement is filed under this section. 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. On verification of the
statement by the assessor of the township in which the real property or
mobile home is subject to assessment, the county auditor shall allow
the deduction.
SOURCE: IC 6-1.1-12-30; (08)AM129306.30. -->
SECTION 30. IC 6-1.1-12-30, AS AMENDED BY P.L.183-2007,
SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2008 (RETROACTIVE)]: Sec. 30. Except as provided
in section 36 of this chapter
and subject to section 45 of this chapter,
a person who desires to claim the deduction provided by section 29 of
this chapter must file a certified statement in duplicate, on forms
prescribed by the department of local government finance, with the
auditor of the county in which the real property or mobile home is
subject to assessment. With respect to real property, the person must
file the statement during the
twelve (12) months before June 11 of each
year for which the person desires to obtain the deduction. With respect
to a mobile home which is not assessed as real property, the person
must file the statement during the twelve (12) months before March 31
of each year for which the person desires to obtain the deduction.
The
person must:
(1) own the real property, mobile home, or manufactured
home; or
(2) be buying the real property, mobile home, or
manufactured home under contract;
on the date the statement is filed under this section. On verification
of the statement by the assessor of the township in which the real
property or mobile home is subject to assessment, the county auditor
shall allow the deduction.
SOURCE: IC 6-1.1-12-31; (08)AM129306.31. -->
SECTION 31. IC 6-1.1-12-31 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2008 (RETROACTIVE)]:
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 each calendar year which begins after December 31, 1979,
and before January 1, 1988, 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.
(c) The deduction provided by this section applies only if the
property owner:
(1) owns the property; or
(2) is buying the property under contract;
on the assessment date for which the deduction applies.
SOURCE: IC 6-1.1-12-33; (08)AM129306.32. -->
SECTION 32. IC 6-1.1-12-33 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2008 (RETROACTIVE)]:
Sec. 33. (a) For purposes of this section "hydroelectric power device"
means a device which is installed after December 31, 1981, and is
designed to utilize the kinetic power of moving water to provide
mechanical energy or to produce electricity.
(b) The owner of real property, or a mobile home that is not assessed
as real property, that is equipped with a hydroelectric power device is
annually entitled to a property tax deduction. The amount of the
deduction equals the remainder of: (1) the assessed value of the real
property or mobile home with the hydroelectric power device; minus
(2) the assessed value of the real property or mobile home without the
hydroelectric power device.
(c) The deduction provided by this section applies only if the
property owner:
(1) owns the real property or mobile home; or
(2) is buying the real property or mobile home under
contract;
on the date the statement is filed under section 35.5 of this chapter.
SOURCE: IC 6-1.1-12-34; (08)AM129306.33. -->
SECTION 33. IC 6-1.1-12-34 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2008 (RETROACTIVE)]:
Sec. 34. (a) For purposes of this section, "geothermal energy heating or
cooling device" means a device that is installed after December 31,
1981, and is designed to utilize the natural heat from the earth to
provide hot water, produce electricity, or generate heating or cooling.
(b) The owner of real property, or a mobile home that is not assessed
as real property, that is equipped with a geothermal energy heating or
cooling device is annually entitled to a property tax deduction. The
amount of the deduction equals the remainder of: (1) the assessed value
of the real property or mobile home with the geothermal heating or
cooling device; minus (2) the assessed value of the real property or
mobile home without the geothermal heating or cooling device.
(c) The deduction provided by this section applies only if the
property owner:
(1) owns the real property or mobile home; or
(2) is buying the real property or mobile home under
contract;
on the date the statement is filed under section 35.5 of this chapter.
SOURCE: IC 6-1.1-12-34.5; (08)AM129306.34. -->
SECTION 34. IC 6-1.1-12-34.5, AS ADDED BY P.L.214-2005,
SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2008 (RETROACTIVE)]: Sec. 34.5. (a) As used in this
section, "coal combustion product" has the meaning set forth in
IC 6-1.1-44-1.
(b) As used in this section, "qualified building" means a building
designed and constructed to systematically use qualified materials
throughout the building.
(c) For purposes of this section, building materials are "qualified
materials" if at least sixty percent (60%) of the materials' dry weight
consists of coal combustion products.
(d) The owner of a qualified building, as determined by the center
for coal technology research, is entitled to a property tax deduction for
not more than three (3) years. The amount of the deduction equals the
product of:
(1) the assessed value of the qualified building; multiplied by
(2) five percent (5%).
(e) The deduction provided by this section applies only if the
building owner:
(1) owns the building; or
(2) is buying the building under contract;
on the assessment date for which the deduction applies.
SOURCE: IC 6-1.1-12-35.5; (08)AM129306.35. -->
SECTION 35. IC 6-1.1-12-35.5, AS AMENDED BY P.L.183-2007,
SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2008 (RETROACTIVE)]: Sec. 35.5. (a) Except as
provided in section 36
or 44 of this chapter
and subject to section 45
of this chapter, a person who desires to claim the deduction provided
by section 31, 33, 34, or 34.5 of this chapter must file a certified
statement in duplicate, on forms prescribed by the department of local
government finance, and proof of certification under subsection (b) or
(f) with the auditor of the county in which the property for which the
deduction is claimed is subject to assessment. Except as provided in
subsection (e), with respect to property that is not assessed under
IC 6-1.1-7, the person must file the statement during the
twelve (12)
months before June 11 of the assessment year
for which the person
wishes to obtain the deduction. The person must file the statement in
each year for which the person desires to obtain the deduction. With
respect to a property which is assessed under IC 6-1.1-7, the person
must file the statement during the twelve (12) months before March 31
of each year for which the person desires 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. On verification of the
statement by the assessor of the township in which the property for
which the deduction is claimed is subject to assessment, the county
auditor shall allow the deduction.
(b) This subsection does not apply to an application for a deduction
under section 34.5 of this chapter. The department of environmental
management, upon application by a property owner, shall determine
whether a system or device qualifies for a deduction provided by
section 31, 33, or 34 of this chapter. If the department determines that
a system or device qualifies for a deduction, it shall certify the system
or device and provide proof of the certification to the property owner.
The department shall prescribe the form and manner of the certification
process required by this subsection.
(c) This subsection does not apply to an application for a deduction
under section 34.5 of this chapter. If the department of environmental
management receives an application for certification,
before May 11 of
the assessment year, the department shall determine whether the system
or device qualifies for a deduction.
before June 11 of the assessment
year. If the department fails to make a determination under this
subsection before
June 11 of the assessment December 31 of the year
in which the application is received, the system or device is
considered certified.
(d) A denial of a deduction claimed under section 31, 33, 34, or 34.5
of this chapter may be appealed as provided in IC 6-1.1-15. The appeal
is limited to a review of a determination made by the township assessor
county property tax assessment board of appeals, or department of local
government finance.
(e) A person who timely files a personal property return under
IC 6-1.1-3-7(a) for an assessment year and who desires to claim the
deduction provided in section 31 of this chapter for property that is not
assessed under IC 6-1.1-7 must file the statement described in
subsection (a) during the twelve (12) months before June 11 of that
year A person who obtains a filing extension under IC 6-1.1-3-7(b) for
an assessment year must file the application between March 1 and the
extended due date for that year. in which the personal property
return is filed.
(f) This subsection applies only to an application for a deduction
under section 34.5 of this chapter. The center for coal technology
research established by IC 21-47-4-1, upon receiving an application
from the owner of a building, shall determine whether the building
qualifies for a deduction under section 34.5 of this chapter. If the center
determines that a building qualifies for a deduction, the center shall
certify the building and provide proof of the certification to the owner
of the building. The center shall prescribe the form and procedure for
certification of buildings under this subsection. If the center receives
an application for certification of a building under section 34.5 of this
chapter: before May 11 of an assessment year:
(1) the center shall determine whether the building qualifies for
a deduction; before June 11 of the assessment year; and
(2) if the center fails to make a determination before June 11
December 31 of the assessment year in which the application is
received, the building is considered certified.
SOURCE: IC 6-1.1-12-38; (08)AM129306.36. -->
SECTION 36. IC 6-1.1-12-38, AS AMENDED BY P.L.154-2006,
SECTION 23, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2008 (RETROACTIVE)]: Sec. 38. (a) A person is
entitled to a deduction from the assessed value of the person's property
in an amount equal to the difference between:
(1) the assessed value of the person's property, including the
assessed value of the improvements made to comply with the
fertilizer storage rules adopted by the state chemist under
IC 15-3-3-12 and the pesticide storage rules adopted by the state
chemist under IC 15-3-3.5-11; minus
(2) the assessed value of the person's property, excluding the
assessed value of the improvements made to comply with the
fertilizer storage rules adopted by the state chemist under
IC 15-3-3-12 and the pesticide storage rules adopted by the state
chemist under IC 15-3-3.5-11.
(b) To obtain the deduction under this section, a person must file a
certified statement in duplicate, on forms prescribed by the department
of local government finance, with the auditor of the county in which the
property is subject to assessment. In addition to the certified statement,
the person must file a certification by the state chemist listing the
improvements that were made to comply with the fertilizer storage
rules adopted under IC 15-3-3-12 and the pesticide storage rules
adopted by the state chemist under IC 15-3-3.5-11. Subject to section
45 of this chapter, the statement and certification must be filed before
June 11 of during the year preceding the year the deduction will first
be applied. Upon the verification of the statement and certification by
the assessor of the township in which the property is subject to
assessment, the county auditor shall allow the deduction.
(c) The deduction provided by this section applies only if the
person:
(1) owns the property; or
(2) is buying the property under contract;
on the assessment date for which the deduction applies.
SOURCE: IC 6-1.1-12-44; (08)AM129306.37. -->
SECTION 37. IC 6-1.1-12-44 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JANUARY 1, 2008 (RETROACTIVE)]: Sec. 44. (a) A
sales disclosure form under IC 6-1.1-5.5:
(1) that is submitted:
(A) as a paper form; or
(B) electronically;
on or before December 31 of a calendar year to the county
assessor by or on behalf of the purchaser of a homestead (as
defined in IC 6-1.1-20.9-1) assessed as real property;
(2) that is accurate and complete;
(3) that is approved by the county assessor as eligible for filing
with the county auditor; and
(4) that is filed:
(A) as a paper form; or
(B) electronically;
with the county auditor by or on behalf of the purchaser;
constitutes an application for the deductions provided by sections
26, 29, 33, and 34 of this chapter with respect to property taxes
first due and payable in the calendar year that immediately
succeeds the calendar year referred to in subdivision (1).
(b) Except as provided in subsection (c), if:
(1) the county auditor receives in a calendar year a sales
disclosure form that meets the requirements of subsection (a);
and
(2) the homestead for which the sales disclosure form is
submitted is otherwise eligible for a deduction referred to in
subsection (a);
the county auditor shall apply the deduction to the homestead for
property taxes first due and payable in the calendar year for which
the homestead qualifies under subsection (a) and in any later year
in which the homestead remains eligible for the deduction.
(c) Subsection (b) does not apply if the county auditor, after
receiving a sales disclosure form from or on behalf of a purchaser
under subsection (a)(4), determines that the homestead is ineligible
for the deduction.
SOURCE: IC 6-1.1-12-45; (08)AM129306.38. -->
SECTION 38. IC 6-1.1-12-45 IS ADDED TO THE INDIANA
CODE AS A
NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JANUARY 1, 2008 (RETROACTIVE)]:
Sec. 45. (a)
Subject to subsections (b) and (c), a deduction under this chapter
applies for an assessment date and for the property taxes due and
payable based on the assessment for that assessment date,
regardless of whether with respect to the real property or mobile
home or manufactured home not assessed as real property:
(1) the title is conveyed one (1) or more times; or
(2) one (1) or more contracts to purchase are entered into;
after that assessment date and on or before the next succeeding
assessment date.
(b) Subsection (a) applies:
(1) only if the title holder or the contract buyer on that next
succeeding assessment date is eligible for the deduction for
that next succeeding assessment date; and
(2) regardless of whether:
(A) one (1) or more grantees of title under subsection
(a)(1); or
(B) one (1) or more contract purchasers under subsection
(a)(2);
files a statement under this chapter to claim the deduction.
(c) A deduction applies under subsection (a) for only one (1)
year. The requirements of this chapter for filing a statement to
apply for a deduction under this chapter apply to subsequent years.
(d) If:
(1) a statement is filed under this chapter in a calendar year
to claim a deduction under this chapter with respect to real
property; and
(2) the eligibility criteria for the deduction are met;
the deduction applies for the assessment date in that calendar year
and for the property taxes due and payable based on the
assessment for that assessment date.
(e) If:
(1) a statement is filed under this chapter in a twelve (12)
month filing period designated under this chapter to claim a
deduction under this chapter with respect to a mobile home or
a manufactured home not assessed as real property; and
(2) the eligibility criteria for the deduction are met;
the deduction applies for the assessment date in that twelve (12)
month period and for the property taxes due and payable based on
the assessment for that assessment date.".
Delete pages 2 through 14.
SOURCE: Page 15, line 1; (08)AM129306.15. -->
Page 15, delete lines 1 through 21.
Page 16, line 27, delete "June 10 and before November 1 of" and
insert " the county auditor certifies assessed value as described in
this section.".
Page 16, line 28, delete "the year.".
Page 17, delete lines 6 through 42, begin a new paragraph and
insert:
SOURCE: IC 6-1.1-20.9-2; (08)AM129306.40. -->
"SECTION 40. IC 6-1.1-20.9-2, AS AMENDED BY P.L.224-2007,
SECTION 39, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2008 (RETROACTIVE)]: Sec. 2. (a) Except as
otherwise provided in section 5 of this chapter, an individual who on
March 1 of in a particular year either owns or is buying a homestead
under a contract that provides the individual is to pay the property taxes
on the homestead is entitled each calendar year to a credit against the
property taxes which the individual pays on the individual's homestead.
However, only one (1) individual may receive a credit under this
chapter for a particular homestead in a particular year. With respect
to real property or a mobile home or a manufactured home that is
not assessed as real property, the individual must:
(1) own the real property, mobile home, or manufactured
home; or
(2) be buying the real property, mobile home, or
manufactured home under contract;
on the date the statement is filed under section 3 or 3.5 of this
chapter.
(b) The amount of the credit to which the individual is entitled
equals the product of:
(1) the percentage prescribed in subsection (d); multiplied by
(2) the amount of the individual's property tax liability, as that
term is defined in IC 6-1.1-21-5, which is:
(A) attributable to the homestead during the particular
calendar year; and
(B) determined after the application of the property tax
replacement credit under IC 6-1.1-21.
(c) For purposes of determining that part of an individual's property
tax liability that is attributable to the individual's homestead, all
deductions from assessed valuation which the individual claims under
IC 6-1.1-12 or IC 6-1.1-12.1 for property on which the individual's
homestead is located must be applied first against the assessed value
of the individual's homestead before those deductions are applied
against any other property.
(d) The percentage of the credit referred to in subsection (b)(1) is as
follows:
YEAR PERCENTAGE
OF THE CREDIT
1996 8%
1997 6%
1998 through 2002 10%
2003 through 2005 20%
2006 28%
2007 and thereafter 20%
However, the percentage credit allowed in a particular county for a
particular year shall be increased if on January 1 of a year an ordinance
adopted by a county income tax council was in effect in the county
which increased the homestead credit. The amount of the increase
equals the amount designated in the ordinance.
(e) Before October 1 of each year, the county assessor shall furnish
to the county auditor the amount of the assessed valuation of each
homestead for which a homestead credit has been properly filed under
section 3 or 3.5 of this chapter. The county assessor shall update the
information not later than December 31 of that year.
(f) The county auditor shall apply the credit equally to each
installment of taxes that the individual pays for the property.
(g) Notwithstanding the provisions of this chapter, a taxpayer other
than an individual is entitled to the credit provided by this chapter if:
(1) an individual uses the residence as the individual's principal
place of residence;
(2) the residence is located in Indiana;
(3) the individual has a beneficial interest in the taxpayer;
(4) the taxpayer either owns the residence or is buying it under a
contract, recorded in the county recorder's office, that provides
that the individual is to pay the property taxes on the residence;
and
(5) the residence consists of a single-family dwelling and the real
estate, not exceeding one (1) acre, that immediately surrounds
that dwelling.
SOURCE: IC 6-1.1-20.9-3; (08)AM129306.41. -->
SECTION 41. IC 6-1.1-20.9-3, AS AMENDED BY P.L.183-2007,
SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2008 (RETROACTIVE)]: Sec. 3. (a)
Except as
provided in section 3.5 of this chapter and subject to section 7 of
this chapter, an individual who desires to claim the credit provided by
section 2 of this chapter must file a certified statement in duplicate, on
forms prescribed by the department of local government finance, with
the auditor of the county in which the homestead is located. The
statement shall include the parcel number or key number of the real
estate and the name of the city, town, or township in which the real
estate is located. With respect to real property, the statement must be
filed during the
twelve (12) months before June 11 of the year prior to
the first year for which the person wishes to obtain the credit for the
homestead. With respect to a mobile home that is not assessed as real
property or a manufactured home that is not assessed as real property,
the statement must be filed during the twelve (12) months before
March 31 of the first year for which the individual wishes to obtain the
credit.
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. The
statement applies for that first year and any succeeding year for which
the credit is allowed.
(b) The certified statement referred to in subsection (a) shall contain
the name of any other county and township in which the individual
owns or is buying real property.
(c) If an individual who is receiving the credit provided by this
chapter changes the use of the individual's real property, so that part or
all of that real property no longer qualifies for the homestead credit
provided by this chapter, the individual must file a certified statement
with the auditor of the county, notifying the auditor of the change of
use within sixty (60) days after the date of that change. An individual
who changes the use of the individual's real property and fails to file
the statement required by this subsection is liable for the amount of the
credit the individual was allowed under this chapter for that real
property.
(d) An individual who receives the credit provided by section 2 of
this chapter for property that is jointly held with another owner in a
particular year and remains eligible for the credit in the following year
is not required to file a statement to reapply for the credit following the
removal of the joint owner if:
(1) the individual is the sole owner of the property following the
death of the individual's spouse;
(2) the individual is the sole owner of the property following the
death of a joint owner who was not the individual's spouse; or
(3) the individual is awarded sole ownership of property in a
divorce decree.
SOURCE: IC 6-1.1-20.9-3.5; (08)AM129306.42. -->
SECTION 42. IC 6-1.1-20.9-3.5 IS ADDED TO THE INDIANA
CODE AS A
NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JANUARY 1, 2008 (RETROACTIVE)]:
Sec. 3.5. (a) A
sales disclosure form under IC 6-1.1-5.5:
(1) that is submitted:
(A) as a paper form; or
(B) electronically;
on or before December 31 of a calendar year to the county
assessor by or on behalf of the purchaser of a homestead
assessed as real property;
(2) that is accurate and complete;
(3) that is approved by the county assessor as eligible for filing
with the county auditor; and
(4) that is filed:
(A) as a paper form; or
(B) electronically;
with the county auditor by or on behalf of the purchaser;
constitutes an application for the credit provided by section 2 of
this chapter with respect to property taxes first due and payable in
the calendar year that immediately succeeds the calendar year
referred to in subdivision (1).
(b) Except as provided in subsection (c), if:
(1) the county auditor receives in a calendar year a sales
disclosure form that meets the requirements of subsection (a);
and
(2) the homestead for which the sales disclosure form is
submitted is otherwise eligible for the credit under this
chapter;
the county auditor shall apply the credit under this chapter to the
homestead for property taxes first due and payable in the calendar
year for which the homestead qualifies under subsection (a) and in
any later year in which the homestead remains eligible for the
credit.
(c) Subsection (b) does not apply if the county auditor, after
receiving a sales disclosure form from or on behalf of a purchaser
under subsection (a)(4), determines that the homestead is ineligible
for the credit under this chapter.".
Delete pages 18 through 20.
SOURCE: Page 21, line 1; (08)AM129306.21. -->
Page 21, delete lines 1 through 5.
Page 22, between lines 1 and 2, begin a new paragraph and insert:
SOURCE: IC 6-1.1-20.9-7; (08)AM129306.45. -->
"SECTION 45. IC 6-1.1-20.9-7 IS ADDED TO THE INDIANA
CODE AS A
NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JANUARY 1, 2008 (RETROACTIVE)]:
Sec. 7. (a)
Subject to subsections (b) and (c), a credit under this chapter
applies for the property taxes due and payable based on the
assessment for an assessment date, regardless of whether with
respect to the real property or mobile home or manufactured home
not assessed as real property:
(1) the title is conveyed one (1) or more times; or
(2) one (1) or more contracts to purchase are entered into;
after that assessment date and on or before the next succeeding
assessment date.
(b) Subsection (a) applies:
(1) only if the title holder or the contract buyer on that next
succeeding assessment date is eligible for the credit for
property taxes due and payable based on the assessment for
that next succeeding assessment date; and
(2) regardless of whether:
(A) one (1) or more grantees of title under subsection
(a)(1); or
(B) one (1) or more contract purchasers under subsection
(a)(2);
files a statement under this chapter to claim the credit.
(c) A credit applies under subsection (a) for only one (1) year.
The requirements of this chapter for filing a statement to apply for
a credit under this chapter apply to subsequent years.
(d) If a person files a statement in a calendar year to claim a
credit under this chapter with respect to real property, the credit
applies for the property taxes due and payable in the immediately
succeeding calendar year.
(e) If a person files a statement in a twelve (12) month filing
period designated under this chapter to claim a credit under this
chapter with respect to a mobile home or a manufactured home not
assessed as real property, the credit applies to the property taxes
due and payable in the immediately succeeding twelve (12) month
period.".
SOURCE: Page 24, line 3; (08)AM129306.24. -->
Page 24, line 3, strike "IC 6-1.1-5.5-3(h);" and insert " IC
6-1.1-5.5-3(c);".
Page 25, delete lines 6 through 42.
Delete pages 26 through 30.
Page 31, delete lines 1 through 21.
Page 32, line 20, after "9." insert " (a)".
Page 32, line 20, delete "that".
Page 32, line 21, delete "imposes a county option income tax under
IC 6-3.5-6".
Page 32, between lines 37 and 38, begin a new paragraph and insert:
" (b) A municipality that adopts a PMA ordinance may provide
grants to individuals who receive a PMA certification under this
chapter. The amount of a grant provided under this subsection
may not exceed the lesser of:
(1) fifty percent (50%) of the qualified expenditures certified
in the PMA certification; or
(2) one thousand five hundred dollars ($1,500).".
Page 34, line 4, delete "state the amount of any state tax credits" and
insert " municipality the amount of any grants".
Page 34, line 5, delete "IC 6-3.1-32.5," and insert " this chapter,".
Page 34, delete lines 15 through 33, begin a new paragraph and
insert:
SOURCE: ; (08)AM129306.49. -->
"SECTION 49. [EFFECTIVE JANUARY 1, 2008
(RETROACTIVE)] IC 6-1.1-12-1, IC 6-1.1-12-2, IC 6-1.1-12-3,
IC 6-1.1-12-4, IC 6-1.1-12-9, IC 6-1.1-12-10.1, IC 6-1.1-12-11,
IC 6-1.1-12-12, IC 6-1.1-12-13, IC 6-1.1-12-14, IC 6-1.1-12-15,
IC 6-1.1-12-16, IC 6-1.1-12-17, IC 6-1.1-12-17.4, IC 6-1.1-12-17.5,
IC 6-1.1-12-17.8, IC 6-1.1-12-18, IC 6-1.1-12-20, IC 6-1.1-12-22,
IC 6-1.1-12-24, IC 6-1.1-12-27.1, IC 6-1.1-12-30, IC 6-1.1-12-31,
IC 6-1.1-12-33, IC 6-1.1-12-34, IC 6-1.1-12-34.5, IC 6-1.1-12-35.5,
IC 6-1.1-12-38, IC 6-1.1-17-0.5, IC 6-1.1-20.9-2, IC 6-1.1-20.9-3,
IC 6-1.1-20.9-4, and IC 6-1.1-20.9-5, all as amended by this act, and
IC 6-1.1-12-44, IC 6-1.1-12-45, IC 6-1.1-20.9-3.5, and
IC 6-1.1-20.9-7, all as added by this act, apply only to property
taxes first due and payable after 2008.
SOURCE: ; (08)AM129306.50. -->
SECTION 50. [EFFECTIVE JULY 1, 2008] IC 6-1.1-5.5-1,
IC 6-1.1-5.5-2, IC 6-1.1-5.5-3, IC 6-1.1-5.5-4, IC 6-1.1-5.5-5,
IC 6-1.1-5.5-6, IC 6-1.1-5.5-10, and IC 6-1.1-5.5-12, all as amended
by this act, apply only to a conveyance (as defined in IC 6-1.1-5.5-1,
as amended by this act) that occurs after June 30, 2008.
SOURCE: ; (08)AM129306.51. -->
SECTION 51. [EFFECTIVE JULY 1, 2008] IC 6-1.1-5.5-10, as
amended by this act, applies to crimes committed after June 30,
2008.".
SOURCE: Page 36, line 1; (08)AM129306.36. -->
Page 36, delete lines 1 through 3.
Renumber all SECTIONS consecutively.
(Reference is to HB 1293 as reprinted January 30, 2008.)
and when so amended that said bill do pass .
Committee Vote: Yeas 9, Nays 0.
____________________________________
Senator Kenley, Chairperson
AM 129306/DI 73 2008