Citations Affected:
IC 6-6-5.1
.
Synopsis: Taxation of recreational vehicles and truck campers.
Provides that recreational vehicles and truck campers are subject to an
excise tax instead of the ad valorem property tax on personal property.
Effective: January 1, 2004.
January 13, 2003, read first time and referred to Committee on Ways and Means.
A BILL FOR AN ACT to amend the Indiana Code concerning
taxation and to make an appropriation.
SECTION 1.
IC 6-6-5.1
IS ADDED TO THE INDIANA CODE AS
A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2004]:
Chapter 5.1. Excise Tax on Recreational Vehicles and Truck
Campers
Sec. 1. This chapter does not apply to the following:
(1) Vehicles subject to the motor vehicle excise tax under
IC 6-6-5.
(2) Vehicles owned or leased and operated by the United
States, the state, or political subdivisions of the state.
(3) Mobile homes.
(4) Vehicles assessed under
IC 6-1.1-8.
(5) Vehicles subject to the commercial vehicle excise tax under
IC 6-6-5.5.
(6) Trailers subject to the annual excise tax imposed under
IC 6-6-5-5.5.
(7) Buses (as defined in
IC 9-13-2-17
(a)).
(8) Vehicles owned or leased and operated by an institution of
higher education (as defined in
IC 6-3-3-5
(d)).
(9) Vehicles owned or leased and operated by a volunteer fire
department (as defined in
IC 36-8-12-2
).
(10) Vehicles owned or leased and operated by a volunteer
emergency ambulance service that:
(A) meets the requirements of IC 16-31; and
(B) has only members that serve for no compensation or a
nominal annual compensation of not more than three
thousand five hundred dollars ($3,500).
(11) Vehicles that are exempt from the payment of
registration fees under
IC 9-18-3-1.
(12) Farm wagons.
(13) Recreational vehicles and truck campers in the inventory
of recreational vehicles and truck campers held for sale by a
manufacturer, distributor, or dealer in the course of business.
Sec. 2. As used in this chapter, "bureau" means the bureau of
motor vehicles.
Sec. 3. As used in this chapter, "last preceding annual excise tax
liability" means the amount of excise tax liability:
(1) to which the recreational vehicle or truck camper was
subject;
(2) to which the recreational vehicle would have been subject
if the vehicle had been registered; or
(3) in the case of a truck camper, to which the truck camper
would have been subject if the truck camper had been owned
by the owner and located in Indiana;
on the owner's last preceding regular annual registration date.
Sec. 4. As used in this chapter, "mobile home" has the meaning
set forth in
IC 6-1.1-7-1.
Sec. 5. As used in this chapter, "owner" means:
(1) in the case of a recreational vehicle, the person in whose
name the vehicle is registered under IC 9-18; or
(2) in the case of a truck camper, the person holding title to
the truck camper.
Sec. 6. As used in this chapter, "recreational vehicle" means a
vehicle with or without motive power equipped exclusively for
living quarters for persons traveling upon the public highways.
Sec. 7. As used in this chapter, "trailer" means a device having
a gross vehicle weight equal to or less than three thousand (3,000)
pounds that is pulled behind a vehicle and subject to annual
registration as a condition of its operation on the public highways
under Indiana's motor vehicle registration laws. The term includes
any utility trailer, boat trailer, or other two (2) wheeled trailer.
Sec. 8. As used in this chapter, "truck camper" means a device
without motive power installed in the bed of a truck to provide
living quarters for persons traveling upon the public highways.
Sec. 9. As used in this chapter, "vehicle" means a vehicle subject
to annual registration as a condition of its operation on the public
highways under Indiana's motor vehicle registration laws.
Sec. 10. (a) There is imposed an annual license excise tax upon
recreational vehicles and truck campers. The excise tax is imposed
instead of the ad valorem property tax levied for state or local
purposes but in addition to any registration fees imposed on
recreational vehicles.
(b) The tax imposed by this chapter is a listed tax and subject to
IC 6-8.1.
(c) A recreational vehicle subject to this chapter may not be
assessed as personal property for the purpose of the assessment
and levy of personal property taxes and is not subject to ad
valorem taxes, regardless of whether the recreational vehicle is
registered under the motor vehicle registration laws. A person may
not be required to give proof of the payment of ad valorem
property taxes as a condition to the registration of any recreational
vehicle subject to the tax imposed by this chapter.
(d) A truck camper subject to this chapter may not be assessed
as personal property for the purpose of the assessment and levy of
personal property taxes and is not subject to ad valorem taxes.
Sec. 11. (a) As the basis for measuring the tax imposed by this
chapter, the bureau shall determine the value of each recreational
vehicle and truck camper as of the time it is first offered for sale as
a new vehicle or truck camper in Indiana. The bureau shall adopt
rules under
IC 4-22-2
for determining the value of recreational
vehicles and truck campers by using the factory advertised
delivered price or the port of entry price.
(b) If the bureau is unable to ascertain a value by the method for
a recreational vehicle, truck camper, class of recreational vehicles,
or class of truck campers because the recreational vehicle or truck
camper is a specially constructed recreational vehicle or truck
camper or for any other reason, the bureau shall determine, from
available information, the true tax value subject to review and
adjustment by the department of local government finance.
(c) For each recreational vehicle and truck camper, beginning
with the 1990 model year, the bureau shall reduce the value
determined under subsection (a) or (b) by dividing:
(1) the price determined under subsection (a) or (b); by
(2) one (1) plus the average percentage increase in new
automobile prices using the most recent annual reference to
the Consumer Price Index for Private New Automobiles as
published by the Bureau of Labor Statistics of the United
States Department of Labor.
Sec. 12. After determining the value of a recreational vehicle or
truck camper under section 11 of this chapter, the bureau shall
classify every vehicle or truck camper in its proper class according
to the following classification plan:
Class I
less than $ 1,500
Class II
at least $ 1,500
but less than $ 2,250
Class III
at least $ 2,250
but less than $ 3,000
Class IV
at least $ 3,000
but less than $ 4,000
Class V
at least $ 4,000
but less than $ 5,500
Class VI
at least $ 5,500
but less than $ 7,000
Class VII
at least $ 7,000
but less than $ 8,500
Class VIII
at least $ 8,500
but less than $10,000
Class IX
at least $10,000
but less than $12,500
Class X
at least $12,500
but less than $15,000
Class XI
at least $15,000
but less than $18,000
Class XII
at least $18,000
but less than $22,000
Class XIII
at least $22,000
but less than $25,000
Class XIV
at least $25,000
but less than $30,000
Class XV
at least $30,000
but less than $35,000
Class XVI
at least $35,000
but less than $42,500
Class XVII
at least $42,500
but less than $50,000
Class XVIII
at least $50,000
but less than $60,000
Class XIX
at least $60,000
but less than $70,000
Class XX
at least $70,000
but less than $80,000
Class XXI
at least $80,000
but less than $90,000
Class XXII
at least $90,000
but less than $100,000
Class XXIII
at least $100,000
Sec. 13. (a) The amount of tax imposed by this chapter shall be
based upon the classification of the recreational vehicle or truck
camper under section 12 of this chapter and the age of the
recreational vehicle or truck camper under the schedule set out in
subsection (c) or (d).
(b) If a person that owns a recreational vehicle or truck camper
is entitled to an ad valorem property tax assessed valuation
deduction under
IC 6-1.1-12-13
,
IC 6-1.1-12-14
,
IC 6-1.1-12-16
, or
IC 6-1.1-12-17.4
in a year in which an excise tax is imposed by this
chapter and any part of the deduction is unused after allowance of
the deduction on real property and personal property owned by the
person, the person is entitled to a credit that reduces the annual
excise tax imposed by this chapter. The amount of the credit is
equal to the amount of the unused deduction multiplied by three (3)
divided by one hundred (100). The county auditor shall, upon
request, furnish a certified statement to the person verifying the
credit allowable under this section. The statement shall be
presented to and retained by the bureau to support the credit.
(c) The tax schedule for each class of recreational vehicles and
truck campers is as follows:
Year of
Manufacture I
II
III
IV
V
1st $15
$36
$50
$67
$91
2nd 13
31
43
59
79
3rd 12
26
35
51
67
4th 12
20
28
42
54
5th 12
15
20
34
46
6th 12
12
15
26
38
7th 12
12
12
17
29
8th 12
12
12
13
17
9th 12
12
12
12
12
10th 12
12
12
12
12
and thereafter
Year of
Manufacture VI
VII
VIII
IX
X
1st $119
$148
$176
$214
$262
2nd 105
133
158
192
227
3rd 90
111
134
165
199
4th 74
92
112
140
171
5th 59
73
92
117
146
6th 45
54
71
93
120
7th 35
44
54
75
99
8th 22
29
39
58
81
9th 13
16
25
29
39
10th 12
12
12
12
12
and thereafter
Year of
Manufacture XI
XII
XIII
XIV
XV
1st $314
$380
$447
$523
$618
2nd 273
330
388
454
537
in its first year of manufacture until the end of the calendar year
following the year in which it is first offered for sale. Thereafter,
the recreational vehicle or truck camper shall be considered to
have aged one (1) year as of January 1 of each year.
Sec. 14. (a) Except as provided in this chapter, the excise tax
imposed upon a recreational vehicle under this chapter is payable
for each registration year by the owner in respect to a recreational
vehicle required to be registered for the registration year as
provided in the motor vehicle laws of Indiana. Except as provided
in section 15 of this chapter, the excise tax is due on or before the
regular annual registration date in each year on or before which
the owner is required under the state motor vehicle registration
laws to register vehicles, and the excise tax shall be paid to the
bureau at the time the vehicle is registered by the owner as
provided in the state motor vehicle registration laws. A vehicle
subject to taxation under this chapter shall be registered by the
owner as being taxable in the county of the owner's residence. The
payment of the excise tax imposed by this chapter is a condition to
the right to register or reregister the recreational vehicle and is in
addition to all other conditions prescribed by law.
(b) The excise tax imposed upon a truck camper under this
chapter is due on or before the annual registration date in each
year on or before which the owner is required under the state
motor vehicle registration laws to register vehicles. The excise tax
on the truck camper must be paid to the bureau. A truck camper
subject to taxation under this chapter is taxable in the county of the
owner's residence.
(c) A voucher from the department of state revenue showing
payment of the excise tax imposed by this chapter may be accepted
by the bureau instead of a payment under subsection (a).
Sec. 15. (a) This section applies only to a recreational vehicle.
(b) In respect to a recreational vehicle that has been acquired,
has been brought into Indiana, or for any other reason becomes
subject to registration after the regular annual registration date in
the year on or before which the owner of the recreational vehicle
is required under the state motor vehicle registration laws to
register vehicles, the tax imposed by this chapter is due and
payable at the time the recreational vehicle is acquired, is brought
into Indiana, or otherwise becomes subject to registration. The
amount of tax to be paid by the owner for the remainder of the
year shall be reduced by ten percent (10%) for each full calendar
month that has elapsed since the regular annual registration date
in the year fixed by the state motor vehicle registration laws for
annual registration by the owner. The tax shall be paid at the time
of the registration of the recreational vehicle.
(c) If a recreational vehicle is acquired, is brought into Indiana,
or for any other reason becomes subject to registration after
January 1 of any year, the owner may pay the applicable
registration fee on the vehicle as provided in the motor vehicle
registration laws and may pay any excise tax due on the
recreational vehicle for the remainder of the annual registration
year and simultaneously register the recreational vehicle and pay
the applicable registration fee and the excise tax due for the next
succeeding annual registration year.
(d) Except as provided in subsection (g), a reduction in the
applicable annual excise tax will not be allowed to an Indiana
resident applicant upon registration of a recreational vehicle that
was owned by the applicant on or before the registrant's annual
registration period. A recreational vehicle owned by an Indiana
resident applicant that was located in and registered for use in
another state during the same calendar year is entitled to the same
reduction when registered in Indiana.
(e) The owner of a recreational vehicle who sells the recreational
vehicle in a year in which the owner has paid the tax imposed by
this chapter shall receive a credit equal to the remainder of:
(1) the tax paid for the recreational vehicle; reduced by
(2) ten percent (10%) for each full or partial calendar month
that has elapsed in the registrant's annual registration year
before the date of the sale.
The credit shall be applied to the tax due on any other recreational
vehicle purchased or subsequently registered by the owner in the
same registrant's annual registration year. If the credit is not fully
used and the amount of the credit remaining is at least four dollars
($4), the owner is entitled to a refund in the amount of the unused
credit. The owner must pay a fee of three dollars ($3) to the bureau
to cover costs of providing the refund, which may be deducted
from the refund. The bureau shall issue the refund. The bureau
shall transfer three dollars ($3) of the fee to the bureau of motor
vehicles commission to cover the commission's costs in processing
the refund. To claim the credit and refund provided by this
subsection, the owner of the recreational vehicle must present to
the bureau proof of sale of the recreational vehicle.
(f) Subject to the requirements of subsection (h), the owner of a
recreational vehicle that is destroyed in a year in which the owner
has paid the tax imposed by this chapter and the recreational
vehicle is not replaced by a replacement vehicle for which a credit
is issued under this section shall receive a refund in an amount
equal to ten percent (10%) of the tax paid for each full calendar
month remaining in the registrant's annual registration year after
the date of destruction, but only upon presentation or return to the
bureau of the following:
(1) A request for refund on a form furnished by the bureau.
(2) A statement of proof of destruction on an affidavit
furnished by the bureau.
(3) The license plate from the recreational vehicle.
(4) The registration from the recreational vehicle.
However, the refund may not exceed ninety percent (90%) of the
tax paid on the destroyed recreational vehicle. The amount shall be
refunded by a warrant issued by the auditor of the county that
received the excise tax revenue and shall be paid out of the special
account created for settlement of the excise tax collections under
section 13 of this chapter. For purposes of this subsection, a
recreational vehicle is considered destroyed if the cost of repair of
damages suffered by the recreational vehicle exceeds the
recreational vehicle's fair market value.
(g) If the name of the owner of a recreational vehicle is legally
changed and the change has caused a change in the owner's annual
registration date, the excise tax liability of the owner shall be
adjusted as follows:
(1) If the name change requires the owner to register sooner
than the owner would have been required to register if there
had been no name change, the owner shall, at the time the
name change is reported, be authorized a refund from the
county treasurer in the amount of the product of:
(A) ten percent (10%) of the owner's last preceding annual
excise tax liability; multiplied by
(B) the number of full calendar months between the
owner's new regular annual registration month and the
next succeeding regular annual registration month that is
based on the owner's former name.
(2) If the name change requires the owner to register later
than the owner would have been required to register if there
had been no name change, the recreational vehicle is subject
to excise tax for the period between the month in which the
owner would have been required to register if there had been
no name change and the new regular annual registration
month in the amount of the product of:
(A) ten percent (10%) of the owner's excise tax liability
computed as of the time the owner would have been
required to register if there had been no name change;
multiplied by
(B) the number of full calendar months between the month
in which the owner would have been required to register if
there had been no name change and the owner's new
regular annual registration month.
(h) To claim a refund under subsection (f) for a recreational
vehicle that is destroyed, the owner of the recreational vehicle must
present to the bureau of motor vehicles a valid registration for the
recreational vehicle within ninety (90) days of the date that it was
destroyed. The bureau shall then fix the amount of the refund that
the owner is entitled to receive.
Sec. 16. (a) This section applies only to a truck camper.
(b) In respect to a truck camper that has been acquired, has
been brought into Indiana, or for any other reason becomes subject
to taxation after the regular annual registration date in the year on
or before which the owner of the truck camper is required under
the state motor vehicle registration laws to register vehicles, the tax
imposed by this chapter is due and payable at the time the truck
camper is acquired, is brought into Indiana, or otherwise becomes
subject to taxation under this chapter. The amount of tax to be
paid by the owner for the remainder of the year shall be reduced
by ten percent (10%) for each full calendar month that has elapsed
since the regular annual registration date in the year fixed by the
state motor vehicle registration laws for annual registration by the
owner. The tax shall be paid within thirty (30) days of the date on
which the truck camper is acquired, brought into Indiana, or
otherwise becomes subject to taxation under this chapter.
(c) If a truck camper is acquired, is brought into Indiana, or for
any other reason becomes subject to taxation under this chapter
after January 1 of any year, the owner may pay any excise tax due
on the truck camper for the remainder of the annual registration
year and simultaneously pay the excise tax due for the next
succeeding annual registration year.
(d) The owner of a truck camper who sells the truck camper in
a year in which the owner has paid the tax imposed by this chapter
shall receive a credit equal to the remainder of:
(1) the tax paid for the truck camper; reduced by
(2) ten percent (10%) for each full or partial calendar month
that has elapsed in the owner's annual registration year
before the date of the sale.
The credit shall be applied to the tax due on any other truck
camper acquired by the owner in the owner's annual registration
year. If the credit is not fully used and the amount of the credit
remaining is at least four dollars ($4), the owner is entitled to a
refund in the amount of the unused credit. The owner must pay a
fee of three dollars ($3) to the bureau to cover costs of providing
the refund, which may be deducted from the refund. The bureau
shall issue the refund. The bureau shall transfer three dollars ($3)
of the fee to the bureau of motor vehicles commission to cover the
commission's costs in processing the refund. To claim the credit
and refund provided by this subsection, the owner of the truck
camper must present to the bureau proof of sale of the truck
camper.
(e) Subject to the requirements of subsection (g), the owner of
a truck camper that is destroyed in a year in which the owner has
paid the tax imposed by this chapter and the truck camper is not
replaced by a replacement camper for which a credit is issued
under this section shall receive a refund in an amount equal to ten
percent (10%) of the tax paid for each full calendar month
remaining in the owner's annual registration year after the date of
destruction, but only upon presentation or return to the bureau of
the following:
(1) A request for refund on a form furnished by the bureau.
(2) A statement of proof of destruction on an affidavit
furnished by the bureau.
However, the refund may not exceed ninety percent (90%) of the
tax paid on the destroyed truck camper. The amount shall be
refunded by a warrant issued by the auditor of the county that
received the excise tax revenue and shall be paid out of the special
account created for settlement of the excise tax collections under
section 13 of this chapter. For purposes of this subsection, a truck
camper is considered destroyed if the cost of repair of damages
suffered by the truck camper exceeds the truck camper's fair
market value.
(f) If the name of the owner of a truck camper is legally changed
and the change has caused a change in the owner's annual
registration date, the excise tax liability of the owner shall be
adjusted as follows:
(1) If the name change requires the owner to register a motor
vehicle sooner than the owner would have been required to
register if there had been no name change, the owner shall, at
the time the name change is reported, be authorized a refund
from the county treasurer in the amount of the product of:
(A) ten percent (10%) of the owner's last preceding annual
excise tax liability; multiplied by
(B) the number of full calendar months between the
owner's new regular annual registration month and the
next succeeding regular annual registration month that is
based on the owner's former name.
(2) If the name change requires the owner to register a motor
vehicle later than the owner would have been required to
register if there had been no name change, the truck camper
is subject to excise tax for the period between the month in
which the owner would have been required to register if there
had been no name change and the new regular annual
registration month in the amount of the product of:
(A) ten percent (10%) of the owner's excise tax liability
computed as of the time the owner would have been
required to register a motor vehicle if there had been no
name change; multiplied by
(B) the number of full calendar months between the month
in which the owner would have been required to register a
motor vehicle if there had been no name change and the
owner's new regular annual registration month.
(g) To claim a refund under subsection (e) for a truck camper
that is destroyed, the owner of the truck camper must present to
the bureau of motor vehicles a valid receipt for the excise tax paid
under this chapter on the truck camper within ninety (90) days of
the date that it was destroyed. The bureau shall then fix the
amount of the refund that the owner is entitled to receive.
Sec. 17. (a) This section applies only to a recreational vehicle.
(b) The owner of a recreational vehicle registered with the
bureau is entitled to a refund of taxes paid under this chapter if,
after the owner's regular registration date:
(1) the owner registers the recreational vehicle for use in
another state; and
(2) the owner pays tax for use of the recreational vehicle to
another state for the same period for which the tax was paid
under this chapter.
(c) The refund provided under subsection (b) is equal to:
(1) the annual license excise tax paid for use of the
recreational vehicle by the owner of the vehicle for the year;
minus
(2) ten percent (10%) of the annual license excise tax paid for
use of the recreational vehicle for each full or partial calendar
month between the date the annual license excise tax was due
and the date the owner registered the vehicle for use in
another state.
(d) To claim the refund provided by this section, the owner of
the recreational vehicle must provide the bureau with:
(1) a request for a refund on a form furnished by the bureau;
and
(2) proof that a tax described in subsection (b)(2) was paid.
Sec. 18. (a) This section applies only to a truck camper.
(b) The owner of a truck camper is entitled to a refund of taxes
paid under this chapter if, after the owner's regular registration
date:
(1) the owner moves and registers the truck on which the
truck camper is installed for use in another state;
(2) the owner pays tax for use of the truck to another state for
the same period for which the tax was paid under this
chapter; and
(3) the truck camper is located and used in the other state for
the same period for which the tax was paid under this
chapter.
(c) The refund provided under subsection (b) is equal to:
(1) the annual excise tax paid for use of the truck camper by
the owner of the camper for the year; minus
(2) ten percent (10%) of the annual excise tax paid for use of
the truck camper for each full or partial calendar month
between the date the annual excise tax was due and the date
the owner registered the truck for use in another state.
Sec. 19. (a) To claim a credit or a refund, or both, under this
chapter, a person must provide a sworn statement to the bureau or
to an agent branch of the bureau that the person is entitled to the
credit or refund, or both, claimed by the person.
(b) The bureau may inspect records of a person claiming a
credit or refund, or both, under this chapter to determine if a
credit or refund, or both, were properly allowed against the excise
tax imposed on a recreational vehicle or truck camper owned by
the person.
(c) If the bureau determines that a credit or refund, or both,
were improperly allowed for a recreational vehicle or truck
camper, the person who claimed the credit or refund, or both, shall
pay the bureau an amount equal to the credit or refund, or both,
improperly allowed to the person plus a penalty of ten percent
(10%) of the credit or refund, or both, improperly allowed. The tax
collected under this subsection shall be paid to the county treasurer
of the county in which the taxpayer resides. However, a penalty
collected under this subsection shall be retained by the bureau.
Sec. 20. (a) The bureau shall include on all registration forms
suitable spaces for the applicant's Social Security number or
federal tax identification number, the amount of the registration
fee, the amount of excise tax, the amount of credit, if any, as
provided in section 13 of this chapter, and the total amount of
payment due on account of the applicable registration fees and
excise taxes upon the registration of the recreational vehicle. The
forms must include spaces for showing the county, city or town,
township, and address of the place where the owner resides.
(b) The bureau shall list on all registration forms for
recreational vehicles the amount of registration fees and taxes due.
In addition, the bureau shall prepare by December 1 of each year
a schedule showing the excise tax payable on each make and model
of recreational vehicle or truck camper.
Sec. 21. (a) The bureau, in the administration and collection of
the annual license excise tax imposed by this chapter, may use the
services and facilities of license branches operated under IC 9-16
in its administration of the state motor vehicle registration laws.
The license branches may be used in the manner and to the extent
the bureau considers necessary and proper to implement and
effectuate the administration and collection of the excise tax
imposed under this chapter. However, if the bureau uses the license
branches in the collection of excise taxes, the following apply:
(1) The excise taxes collected by each license branch, less any
refunds made by the license branch, shall be deposited daily
by the license branch in a separate account in a depository
designated by the state board of finance. The county treasurer
of the county for which the collections are due may withdraw
funds from the account at least two (2) times each week. The
county treasurer is responsible for the safekeeping and
investment of money withdrawn by the county treasurer
under this subdivision. Before the eleventh day of the month
following the month in which the collections are made, the
bureau of motor vehicles shall report the excise taxes collected
and refunds made outside the county to the county treasurer
of the county to which the collections are due and the refunds
apply. The bureau shall forward a copy of the excise tax
report to the county auditor of the county.
(2) A license branch shall each week forward a report to the
county auditor of the county to whom the collections are due,
showing the excise tax collected on each recreational vehicle
or truck camper, each refund on a recreational vehicle or
truck camper, and a copy of each registration certificate for
all collections and refunds within the county.
(3) Each license branch shall report to the bureau all excise
taxes collected and refunds made under this chapter in the
same manner and at the same time as registration fees are
reported.
(4) Premiums for insurance to protect the funds collected by
license branches against theft shall be paid by the bureau,
except that the bureau may issue blanket coverage for all
branches at its discretion. At the discretion of the bureau, the
bureau may:
(A) self-insure to cover the activities of the license
branches; or
(B) rather than purchase a bond or crime insurance policy
for each branch, purchase a single blanket bond or crime
insurance policy endorsed to include faithful performance
to cover all branches.
(5) If the services of a license branch are used by the bureau
in the collection of the excise tax imposed by this chapter, the
license branch shall collect the service charge prescribed
under IC 9-29 for each vehicle registered upon which an
excise tax is collected by that branch.
(6) If the excise tax imposed by this chapter is collected by the
department of state revenue, the money collected shall be
deposited in the state general fund to the credit of the
appropriate county and reported to the bureau of motor
vehicles on the first working day following the week of
collection. Except as provided in subdivision (7), money
collected by the department that represents interest or a
penalty shall be retained by the department and used to pay
its costs of enforcing this chapter.
(7) This subdivision applies only to interest or a penalty
collected by the department of state revenue from a person
who:
(A) fails to properly register a recreational vehicle as
required by IC 9-18 and pay the tax due under this
chapter; and
(B) during any time after the date by which the
recreational vehicle was required to be registered under
IC 9-18 displays on the vehicle a license plate issued by
another state.
The total amount collected by the department that represents
interest or a penalty, minus a reasonable amount determined
by the department to represent its administrative expenses,
shall be deposited in the state general fund for the credit of
the county in which the person resides. The amount shall be
reported to the bureau of motor vehicles on the first working
day following the week of collection.
The bureau may contract with a bank card or credit card vendor
for acceptance of bank cards or credit cards. However, if there is
a vendor transaction charge or discount fee, whether billed to the
bureau or charged directly to the bureau's account, the bureau
shall collect from the person using the card an official fee that may
not exceed the highest transaction charge or discount fee charged
to the bureau by bank card or credit card vendors during the most
recent collection period. The fee may be collected regardless of
retail merchant agreements between the bank card and credit card
vendors that may prohibit such a fee. The fee is a permitted
additional charge under
IC 24-4.5-3-202.
(b) On or before April 1 of each year, the bureau shall provide
to the auditor of state the amount of excise taxes collected under
this chapter for each county for the preceding year.
(c) On or before May 10 and November 10 of each year, the
auditor of state shall distribute to each county one-half (1/2) of:
(1) the amount of delinquent taxes; and
(2) any penalty or interest described in subsection (a)(7);
that have been credited to the county under subsection (a). There
is appropriated from the state general fund the amount necessary
to make the distributions required by this subsection. The county
auditor shall apportion and distribute the delinquent tax
distributions to the taxing units in the county at the same time and
in the same manner as excise taxes are apportioned and distributed
under section 22 of this chapter.
(d) The commissioner of insurance shall prescribe the form of
the bonds or crime insurance policies required by this section.
Sec. 22. (a) The bureau shall establish procedures necessary for
the collection and proper accounting of the tax imposed by this
chapter. The necessary forms and records shall be subject to
approval by the state board of accounts.
(b) The county treasurer, upon receiving the excise tax
collections, shall place the collections into a separate account for
settlement at the same time as property taxes are accounted for
and settled in June and December of each year, with the right and
duty of the treasurer and auditor to make advances before the time
of final settlement of property taxes in the same manner as
provided in
IC 5-13-6-3.
(c) The county auditor shall determine the total amount of
excise taxes collected for each taxing unit in the county, and the
amount collected shall be apportioned and distributed among the
respective funds of each taxing unit in the same manner and at the
same time as property taxes are apportioned and distributed.
(d) The determination under subsection (c) shall be made from
copies of vehicle registration forms and receipts for taxes paid on
truck campers furnished by the bureau of motor vehicles. Before
the determination, the county assessor shall, from copies of
registration forms and receipts, verify information pertaining to
legal residence of persons owning taxable vehicles and truck
campers from the assessor's records, to the extent the verification
can be made. The county assessor shall further identify and verify
from the assessor's records the taxing units within which the
persons reside.
(e) Verifications shall be completed not later than thirty (30)
days after receipt of vehicle registration forms and receipts by the
county assessor, and the assessor shall certify the information to
the county auditor for the county auditor's use when it is checked
and completed.
Sec. 23. The county auditor shall, from the copies of the
registration forms and truck camper receipts furnished by the
bureau, verify and determine the total amount of excise taxes
collected for each taxing unit in the county. The bureau shall verify
the collections reported by the branches and provide the county
auditor adequate and accurate audit information, registration
form information, truck camper receipts, records, and materials
to support the proper assessment, collection, and refund of excise
taxes.
Sec. 24. The county auditor shall, not later than August 1 of a
year, furnish to the proper officer of each political subdivision an
estimate of the money to be distributed to the taxing units under
this chapter during the next calendar year. The budget of each
political subdivision must show the estimated amounts to be
received for each fund for which a property tax is proposed to be
levied.
Sec. 25. An owner of a recreational vehicle who knowingly
registers the recreational vehicle without paying the excise tax
required by this chapter commits a Class B misdemeanor. An
employee of the bureau or a branch manager or an employee of a
license branch office who recklessly issues a registration on any
recreational vehicle without collecting the excise tax required to be
collected with the registration commits a Class B misdemeanor.
Sec. 26. The registration of a recreational vehicle registered
without payment of the excise tax imposed by this chapter is void,
and the bureau shall take possession of the registration certificate,
license plate, and other evidence of registration until the owner
pays the delinquent excise taxes and an additional fee of ten dollars
($10) to compensate the bureau for performing the additional
duties.
Sec. 27. In the administration and collection of the annual
license excise taxes imposed by this chapter, the bureau may
contract with a collection agency to collect and receive property
taxes on behalf of the county treasurer and receive and collect on
behalf of the bureau the annual license excise taxes imposed by this
chapter and the registration fees and charges as the bureau may
direct. A collection agency shall comply with the requirements
concerning the collection of property taxes on behalf of county
treasurers and other requirements, including the posting of a bond,
as may be established by the bureau.
Sec. 28. (a) The excise tax imposed by this chapter is equal to an
average property tax rate of three dollars ($3) on each one
hundred dollars ($100) of taxable value.
(b) For the purpose of limitations on indebtedness of political or
municipal corporations imposed by Article 13, Section 1 of the
Constitution of the State of Indiana, recreational vehicles and
truck campers subject to the excise tax under this chapter are
considered to be taxable property within each political or
municipal corporation where the owner resides.
(c) The assessed valuation of recreational vehicles and truck
campers subject to the excise tax under this chapter shall be
determined by multiplying the amount of the tax by one hundred
(100) and dividing the result by three (3).
Sec. 29. In the administration and collection of the annual
license excise tax as imposed by this chapter, the bureau may
coordinate and consolidate the collection of the taxes from each
taxpayer as imposed on all recreational vehicles and truck campers
owned by a taxpayer following procedures the bureau considers
reasonable and feasible, including the revocation of all
registrations of recreational vehicles by an owner if the owner
willfully fails and refuses to pay the excise tax imposed by this
chapter. Upon a revocation of registration, the bureau shall notify
the department of state revenue of the name and address of the
taxpayer.
Sec. 30. There is annually appropriated from the state general
fund to the bureau a sum sufficient to defray the expenses incurred
by the bureau in the administration of the excise tax provisions of
this chapter. Only those expenses that would not be incurred in the
administration of the state motor vehicle registration laws shall be
paid out of the state general fund. The budget agency shall approve
all funds paid from the state general fund as required in this
section.
SECTION 2. [EFFECTIVE JANUARY 1, 2004] (a) The
definitions in
IC 6-6-5.1
, as added by this act, apply throughout this
SECTION.
(b)
IC 6-6-5.1
, as added by this act, applies to recreational
vehicles registered and truck campers located in Indiana after
December 31, 2003.
(c) A recreational vehicle or a truck camper, except for a
recreational vehicle or truck camper held in the inventory of
vehicles and truck campers held for sale by a manufacturer,
distributor, or dealer in the course of business, may not be assessed
as personal property for the purpose of the assessment and levy of
personal property taxes after December 31, 2003.
(d) This subsection applies only to a recreational vehicle or
truck camper that is subject to the excise tax imposed by
IC 6-6-5.1
, as added by this act. A taxpayer is entitled to a credit
against the ad valorem property tax imposed on a recreational
vehicle or truck camper owned or possessed by the taxpayer that
is first due and payable in 2004. The amount of credit equals the
total amount of ad valorem property tax on the same recreational
vehicles or truck campers that the taxpayer is required to pay on
each installment due under
IC 6-1.1-22-9
during calendar year
2004 to a taxing unit or units that have imposed the property taxes
for collection in calendar year 2004 based on a March 1, 2003,
assessment.
(e) This SECTION expires January 1, 2006.
SECTION 3. [EFFECTIVE JANUARY 1, 2004] (a) The definitions
in
IC 6-6-5.1
, as added by this act, apply throughout this
SECTION.
(b) The bureau of motor vehicles shall certify to the department
of local government finance the amount of excise tax collected
under
IC 6-6-5.1
, as added by this act, and distributed to each
county auditor in calendar year 2004 that is attributable to the tax
imposed on recreational vehicles and truck campers under
IC 6-6-5.1
, as added by this act.
(c) Each county auditor shall certify to the department of local
government finance the amount of excise tax collected under
IC 6-6-5.1
, as added by this act, and distributed to each taxing unit
in the county in calendar year 2004 that is attributable to the tax
imposed on recreational vehicles and truck campers under
IC 6-6-5.1
, as added by this act.
(d) This SECTION expires January 1, 2006.
SECTION 4. [EFFECTIVE JANUARY 1, 2004] (a) For taxes due
and payable in calendar year 2005, the department of local
government finance shall make a one (1) time reduction in the
maximum ad valorem property tax levy for each taxing unit for the
removal of assessed value under
IC 6-6-5.1
, as added by this act, by
the amount of excise tax distributed to the unit under
IC 6-6-5.1
, as
added by this act. The reduction applies to all subsequent calendar
years.
(b) This SECTION expires January 1, 2006.