Citations Affected: IC 6-1.1-10-44.
Synopsis: Information technology equipment exemption. Provides that the property tax
exemption for qualified enterprise information technology equipment applies only to property
located in a high technology district area designated by the fiscal body of the county or
municipality. Specifies the procedure for the designation of such an area. Provides that an entity
that leases qualified property for use in a facility or data center dedicated to computing,
networking, or data storage activities is also eligible for the exemption. (Current law provides
that only a business that operates such a facility is eligible for the exemption.) Requires that at
least $10,000,000 must be invested in the facility or data center after June 30, 2012, by the entity
entering into the agreement for the exemption and by the lessor of the qualified property (if the
business is a lessee) and all lessees of qualified property. (This conference committee report
deletes the following: (1) The provision authorizing a political subdivision to petition the
department of local government finance to increase the tax rate for its capital projects fund
for taxes payable in 2013 if the political subdivision's assessed valuation and maximum tax
rate decreased for taxes payable in 2012. (2) The provisions changing the formulas for
calculating the maximum tax rates for cumulative funds and school corporation capital
projects funds. (3) The provisions changing the due date for the first installment of 2012
property taxes to June 10. (4) The provision eliminating the requirement to add back the
amounts deducted for federal income tax purposes as expenses of elementary and
secondary school teachers for taxable years beginning after December 31, 2011.)
Effective: July 1, 2012.
MR. SPEAKER:
Your Conference Committee appointed to confer with a like committee from the Senate
upon Engrossed House Amendments to Engrossed Senate Bill No. 302 respectfully reports
that said two committees have conferred and agreed as follows to wit:
that the Senate recede from its dissent from all House amendments and that
the Senate now concur in all House amendments to the bill and that the bill
be further amended as follows:
Delete everything after the enacting clause and insert the following:
resolution with the officers of the taxing units who are authorized to fix
budgets, tax rates, and tax levies under IC 6-1.1-17-5 at least ten (10)
days before the date for the public hearing. After the designating body
considers the testimony presented at the public hearing, the designating
body may adopt a second and final resolution under subsection (h). The
second and final resolution under subsection (h) may modify, confirm,
or rescind before January 1, 2017, determining whether to
designate a high technology district area and modifying,
confirming, or rescinding the declaratory resolution. This
determination of the designating body is final.
(h) Before January 1, 2017, (i) A designating body may, after
following the procedures of subsection (g), adopt adopting a final
resolution providing that qualified property owned by a particular
under subsection (h) designating an area as a high technology
district area, enter into an agreement with an eligible business is
exempt from to grant the eligible business a property taxation. tax
exemption. In the case of a county, the exemption applies only to
qualified property that is located in unincorporated territory of the
county. In the case of a municipality, the exemption applies only to
qualified property that is located in the municipality. The property tax
exemption applies to the qualified property only if the designating body
and the eligible business enter into an agreement concerning the
property tax exemption. The agreement must specify the duration of the
property tax exemption. The agreement may specify that if the
ownership of qualified property is transferred by an eligible business,
the transferee is entitled to the property tax exemption on the same
terms as the transferor. If a designating body adopts a final resolution
under this subsection (h) and enters into an agreement with an eligible
business, the qualified property owned by the eligible business is
exempt from property taxation as provided in the resolution and the
agreement.
(i) (j) If a designating body adopts a final resolution under
subsection (h) and enters into an agreement under subsection (h) (i) to
provide a property tax exemption, the property tax exemption continues
for the period specified in the agreement, notwithstanding the January
1, 2017, deadline to adopt a final resolution under subsection (h).
(Reference is to ESB 302 as reprinted March 1, 2012.)
S
igned by:
____________________________ ____________________________
Senator CharbonneauRepresentative Clere
Chairperson
____________________________ ____________________________
Senator BrodenRepresentative Candelaria Reardon
Senate Conferees House Conferees