Introduced Version
HOUSE BILL No. 1183
_____
DIGEST OF INTRODUCED BILL
Citations Affected:
IC 6-1.1-3-7.5.
Synopsis: Amended personal property tax return. Reduces from six
months to three months the period for filing an amended personal
property tax return.
Effective: January 1, 2002 (retroactive).
Herrell, Adams T
January 9, 2002, read first time and referred to Committee on Ways and Means.
Introduced
Second Regular Session 112th General Assembly (2002)
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HOUSE BILL No. 1183
A BILL FOR AN ACT to amend the Indiana Code concerning
taxation.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 6-1.1-3-7.5; (02)IN1183.1.1. -->
SECTION 1.
IC 6-1.1-3-7.5
, AS AMENDED BY P.L.198-2001,
SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2002 (RETROACTIVE)]: Sec. 7.5. (a) A taxpayer may
file an amended personal property tax return, in conformity with the
rules adopted by the state board of tax commissioners (before the board
was abolished) or the department of local government finance, not
more than six (6) three (3) months after the later of the following:
(1) The filing date for the original personal property tax return, if
the taxpayer is not granted an extension in which to file under
section 7 of this chapter.
(2) The extension date for the original personal property tax
return, if the taxpayer is granted an extension under section 7 of
this chapter.
(b) A tax adjustment related to an amended personal property tax
return shall be made in conformity with rules adopted under
IC 4-22-2
by the state board of tax commissioners (before the board was
abolished) or the department of local government finance.
(c) If a taxpayer wishes to correct an error made by the taxpayer on
the taxpayer's original personal property tax return, the taxpayer must
file an amended personal property tax return under this section within
the time required by subsection (a). A taxpayer may claim on an
amended personal property tax return any adjustment or exemption that
would have been allowable under any statute or rule adopted by the
state board of tax commissioners (before the board was abolished) or
the department of local government finance if the adjustment or
exemption had been claimed on the original personal property tax
return.
(d) Notwithstanding any other provision, if:
(1) a taxpayer files an amended personal property tax return under
this section in order to correct an error made by the taxpayer on
the taxpayer's original personal property tax return; and
(2) the taxpayer is entitled to a refund of personal property taxes
paid by the taxpayer under the original personal property tax
return;
the taxpayer is not entitled to interest on the refund.
(e) If a taxpayer files an amended personal property tax return for
a year before July 16 of that year, the taxpayer shall pay taxes payable
in the immediately succeeding year based on the assessed value
reported on the amended return.
(f) If a taxpayer files an amended personal property tax return for a
year after July 15 of that year, the taxpayer shall pay taxes payable in
the immediately succeeding year based on the assessed value reported
on the taxpayer's original personal property tax return. A taxpayer that
paid taxes under this subsection is entitled to a credit in the amount of
taxes paid by the taxpayer on the remainder of:
(1) the assessed value reported on the taxpayer's original personal
property tax return; minus
(2) the finally determined assessed value that results from the
filing of the taxpayer's amended personal property tax return.
Except as provided in subsection (k), the county auditor shall apply the
credit against the taxpayer's property taxes on personal property
payable in the year that immediately succeeds the year in which the
taxes were paid.
(g) If the amount of the credit to which the taxpayer is entitled under
subsection (f) exceeds the amount of the taxpayer's property taxes on
personal property payable in the year that immediately succeeds the
year in which the taxes were paid, the county auditor shall apply the
amount of the excess credit against the taxpayer's property taxes on
personal property in the next succeeding year.
(h) Not later than December 31 of the year in which a credit is
applied under subsection (g), the county auditor shall refund to the
taxpayer the amount of any excess credit that remains after application
of the credit under subsection (g).
(i) The taxpayer is not required to file an application for:
(1) a credit under subsection (f) or (g); or
(2) a refund under subsection (h).
(j) Before August 1 of each year, the county auditor shall provide to
each taxing unit in the county an estimate of the total amount of the
credits under subsection (f) or (g) that will be applied against taxes
imposed by the taxing unit that are payable in the immediately
succeeding year.
(k) A county auditor may refund a credit amount to a taxpayer
before the time the credit would otherwise be applied against property
tax payments under this section.
SOURCE: ; (02)IN1183.1.2. -->
SECTION 2. [EFFECTIVE JANUARY 1, 2002 (RETROACTIVE)]
(a)
IC 6-1.1-3-7.5
, as amended by this act, applies to property taxes
first due and payable after December 31, 2002.
(b) This SECTION expires January 1, 2004.
SOURCE: ; (02)IN1183.1.3. -->
SECTION 3.
An emergency is declared for this act.