MADAM PRESIDENT:
The Senate Committee on Tax and Fiscal Policy, to which was referred Senate Bill No. 21,
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:
Delete the title and insert the following:
A BILL FOR AN ACT to amend the Indiana Code concerning
taxation.
commissioner designate a later date, the date designated by
the commissioner; and
(4) if the amount under subdivision (2) exceeds the amount under
subdivision (1), that the taxpayer may claim a refund of the excess
under IC 6-1.1-26.
section is not completely paid on or before that installment date,
the amount unpaid is considered delinquent and a penalty is added
to the unpaid amount. The penalty is equal to an amount
determined as follows:
(1) If:
(A) the delinquent amount of real property taxes is
completely paid on or before the date thirty (30) days after
the installment date; and
(B) the taxpayer is not liable for delinquent property taxes
first due and payable in a previous year for the same
parcel;
the amount of the penalty is equal to five percent (5%) of the
delinquent amount.
(2) If:
(A) the delinquent amount of personal property taxes is
completely paid on or before the date thirty (30) days after
the installment date; and
(B) the taxpayer is not liable for delinquent property taxes
first due and payable in a previous year for a personal
property tax return for property in the same taxing
district;
the amount of the penalty is equal to five percent (5%) of the
delinquent amount.
(3) If subdivision (1) or (2) does not apply, the amount of the
penalty is equal to ten percent (10%) of the delinquent
amount.
(e) An additional penalty equal to ten percent (10%) of any
taxes due on an installment date that remain unpaid shall be added
on the day immediately following the date of the final installment
payment.
(f) The penalties under this section are imposed on only the
principal amount of the delinquent taxes.
(g) Notwithstanding any other provision, an ordinance adopted
under this section may apply to the payment of amounts due under
any reconciling statements issued by a county.
(h) Approval by the department of local government finance is
not required for the adoption of an ordinance under this section.".
"P.L.1-2008, SECTION 5,".
Page 1, line 3, delete "300." and insert "5.".
Page 1, line 10, delete "(g)," and insert " (h),".
Page 2, line 4, delete "At" and insert " Except as provided in
subsection (i), at".
Page 2, line 24, delete "The" and insert "A county legislative body
may adopt an ordinance providing that the".
Page 2, line 25, delete "(g)" and insert " (h)".
Page 2, line 26, before "The" begin a new paragraph and insert:
"(e)".
Page 2, line 37, delete "(e)" and insert "(f)".
Page 3, line 9, delete "(f)" and insert "(g)".
Page 3, line 13, delete "(g)" and insert " (h)".
Page 3, line 37, delete "(e)" and insert " (f)".
Page 3, between lines 40 and 41, begin a new paragraph and insert:
" (i) This subsection applies only to a county:
(1) that, after December 31, 2007, issues bills or revised bills
for property taxes first due and payable in 2007 or issues a
reconciling statement for property taxes first due and payable
in 2007; and
(2) in which the percentage increase in taxes billed exceeds
thirty percent (30%) for more than one-half (1/2) of the
homesteads in the county.
As used in this subsection, "increase in taxes billed" means the
difference between the property taxes payable in 2007 and the
property taxes payable in 2006 that are billed to a taxpayer, after
application of the property tax replacement credit, the state
homestead credit, and a local homestead tax credit, if any, and
after excluding any increase in taxes billed that results from the
new construction of a homestead on the taxpayer's property. As
used in this subsection, "percentage increase in taxes billed" means
the increase (expressed as a percentage) in taxes billed divided by
the property taxes payable in 2006. Notwithstanding subsection (c),
the county auditor of a county subject to this subsection shall
determine under this subsection the amount of the additional 2007
homestead credit (payable as a refund) due to eligible taxpayers in
the county. A taxpayer in a county subject to this subsection is
eligible to receive an additional 2007 homestead credit (payable as
a refund) under this SECTION if the percentage increase in taxes
billed to the taxpayer is at least ten percent (10%). The amount of
the additional 2007 homestead credit (payable as a refund) for an
eligible taxpayer is equal to the greater of the amount required to
reduce the percentage increase in taxes billed to thirty-five percent
(35%) or the amount required to provide a twenty percent (20%)
reduction in the increase in taxes billed (the product of the increase
in taxes billed multiplied by twenty percent (20%)), except that this
reduction may not reduce the percentage increase in taxes billed
below ten percent (10%).".
Page 3, line 41, delete "(g) (h)" and insert "(h) (j)".
Renumber all SECTIONS consecutively.
(Reference is to SB 21 as introduced.)
and when so amended that said bill do pass.
Committee Vote: Yeas 11, Nays 1.
Kenley