Wednesday, July 4, 2012

DLGF Publishes Memorandum on TIF and Redevelopment Commission Responsibilities

MEMORANDUM

TO: County Auditors

FROM: Dan Jones, Assistant Director, Budget Division

SUBJECT: TIF and Redevelopment Commission Responsibilities

DATE: July 3, 2012

This memorandum provides guidance to county auditors regarding the statutory responsibility of redevelopment commissions in determining and reporting the amount of excess or shortfall of assessed values within Tax Increment Finance (“TIF”) districts before July 15 of each year. (IC 36-7-14-39(b)(3)).

The Department of Local Government Finance (“DLGF”) recommends that each county auditor contact his or her county’s redevelopment commissions to notify them of this responsibility. The DLGF recommends that each redevelopment commission submit the written notice to its county auditor prior to certification of the 2012 pay 2013 assessed valuations to the DLGF. Statutorily, county auditors are to certify 2012 pay 2013 assessed values by August 1, 2012. (IC 6-1.1-17-1).

County auditors should forward a copy of each redevelopment commission’s written notice to the DLGF’s Budget Division at the same time that the Certificate of Net Assessed Valuations is filed.

Reporting the excess assessed value is especially important when a referendum has been approved by a unit or school within the TIF allocation area or the unit anticipates adopting a Tax Increment Replacement rate (“TIR”) in the 2013 budget when the unit has a shortfall in the required assessed value.

The redevelopment commission must submit a written notice including:

1) The amount, if any, of excess assessed value that the commission has determined may be allocated to the respective taxing units; or

2) A statement that the commission has determined that there is no excess assessed value that may be allocated to the respective taxing units.

The manner for determining the excess assessed value is prescribed in IC 36-7-14-39(b)(3) as follows:

(A) Determine the amount, if any, by which the assessed value of the taxable property in the allocation area for the most recent assessment date minus the base assessed value, when multiplied by the estimated tax rate of the allocation area, will exceed the amount of assessed value needed to produce the property taxes necessary to make, when due, principal and interest payments on bonds described in subdivision (3) plus the amount necessary for other purposes described in subdivision (3).

(B) Provide a written notice to the county auditor, the fiscal body of the county or municipality that established the department of redevelopment, and the officers who are authorized to fix budgets, tax rates, and tax levies under IC 6-1.1-17-5 for each of the other taxing units that is wholly or partly located within the allocation area. The notice must:

(i) state the amount, if any, of excess assessed value that the commission has determined may be allocated to the respective taxing units in the manner prescribed in subdivision (1); or

(ii) state that the commission has determined that there is no excess assessed value that may be allocated to the respective taxing units in the manner prescribed in subdivision (1).

The county auditor shall allocate to the respective taxing units the amount, if any, of excess assessed value determined by the commission. The commission may not authorize an allocation of assessed value to the respective taxing units under this subdivision if to do so would endanger the interests of the holders of bonds described in subdivision (3) or lessors under section 25.3 of this chapter.”

The requirements and procedures for adopting a TIR are prescribed in IC 6-1.1-21.2-12.