Citations Affected: IC 6-1.1-21-5.2.
Synopsis: Senior citizen property tax credit. Provides a property tax
credit payable from the property tax replacement fund to a homestead
owner who is at least 65 years of age and whose adjusted gross income
is less than $30,000. Makes an appropriation.
Effective: July 1, 2006.
January 9, 2006, read first time and referred to Committee on Tax and Fiscal Policy.
A BILL FOR AN ACT to amend the Indiana Code concerning
taxation and to make an appropriation.
homestead is located a certified statement in duplicate on forms
prescribed by the department of local government finance. The
statement must be filed during the twelve (12) months before May
11 of the year before the year for which the individual wishes to
obtain the credit under this section. The statement must contain
the following information:
(1) The individual's full name and complete address.
(2) A description of the homestead and the number of years
that the individual has resided at the homestead.
(3) Proof of the individual's age.
(4) The name of any other county and township in which the
individual owns or is buying real property.
(5) The amount of the individual's adjusted gross income.
(6) Any other information requested by the department of
local government finance.
(e) If two (2) individuals own a homestead under a tenancy by
the entirety and one (1) or both of the individuals meet the
eligibility requirements of this section, the individuals together
may receive only one (1) credit under this section.
(f) If an individual who receives the credit under this section
changes the use of the individual's homestead so that the
homestead no longer qualifies for the credit under this section, the
individual must file with the auditor of the county in which the
homestead is located a certified statement notifying the auditor of
the change of use not later than sixty (60) days after the date of the
change. An individual who changes the use of the individual's
homestead and fails to file the statement required by this
subsection is liable for the amount of the credit allowed under this
section.
(g) A county auditor with whom a statement is filed under
subsection (d) shall immediately prepare and transmit a copy of
the statement to the auditor of any other county in which the
individual who claims the credit owns or is buying real property.
The auditor of the other county shall:
(1) note on the copy of the statement whether the individual
has claimed a credit under this section for a homestead
located in the other county; and
(2) return the copy to the auditor of the first county.
(h) Upon receiving a proper statement, a county auditor shall:
(1) allow the credit;
(2) apply the credit equally against each installment of
property taxes payable in that calendar year; and
(3) include the amount of the credit applied against each
installment of taxes on the tax statement required under
IC 6-1.1-22-8.
(i) After January 31 and before February 16 of each year, each
county auditor shall certify to the department of local government
finance the number and amounts of credits allowed under this
section for the calendar year. Upon receiving the certifications, the
department of local government finance shall determine the total
amount of the credits allowed in each county under this section and
shall certify the totals to the department when the department of
local government finance certifies the total county tax levies. The
department shall distribute to each county the amount of credits
certified for that county by the department of local government
finance at the same time and in the same manner as the
department distributes the county's estimated distribution under
section 4 of this chapter. The department of local government
finance shall allocate funds from the property tax replacement
fund to make the distribution required by this subsection.
(j) If an individual knowingly or intentionally files a false
statement under this section, the individual must pay the amount
of any credit the individual received because of the false statement
plus a penalty of ten percent (10%) of the credit to the department
of local government finance for deposit in the property tax
replacement fund established by section 1 of this chapter.