Tuesday, January 15, 2013

Further Bills Filed Related to Budgets, Taxes or Assessment

Senate Bill 0568

DIGEST OF INTRODUCED BILL

Income tax sales factor. Provides that sales to a purchaser that is outside the United States is not to be used in apportioning income of a taxpayer to this state when the taxpayer is not subject to being taxed by the jurisdiction of the purchaser (eliminates the "throwback rule" for income from foreign exports).


Senate Bill 0576

DIGEST OF INTRODUCED BILL

Property tax rate cap replacement grants. Provides grants from the state gaming fund to school corporations to replace property tax revenue not received because of the property tax rate cap. Annually appropriates to the department of education from the state gaming fund the amount necessary to make the grants. Provides that if a school corporation loses more than 33% of its property tax revenue because of the property tax rate cap, the school corporation qualifies for a levy replacement grant equal to 80% of the lost amount. Provides that if a school corporation loses 33% or less of its property tax revenue because of the property tax rate cap, the school corporation may apply for a grant in an amount determined by the department of local government finance.


Senate Bill 0577

DIGEST OF INTRODUCED BILL

Income tax credit for toll road charges. Provides an income tax credit to individuals who pay tolls to drive on the Indiana toll road for a nonbusiness purpose. Provides that the amount of the tax credit may not exceed the lesser of $300 or 50% of the amount of tolls paid by an individual during the taxable year. Provides that the tax credit may not exceed an individual's adjusted gross income tax liability.


Senate Bill 0579

DIGEST OF INTRODUCED BILL

Homestead disqualifications. Requires the county auditor to record that a dwelling and the real estate surrounding the dwelling no longer qualify as a homestead for various property tax reductions. Provides that a bona fide purchaser without knowledge of the removal of the qualification is not liable for property taxes and civil penalties accruing during the period from the date of the county auditor's determination to the date the county auditor records the disqualification.


Senate Bill 0584

DIGEST OF INTRODUCED BILL

Individual income tax rate reduction. Reduces the state individual adjusted gross income tax rate to 3.23% for tax years beginning in 2014 and to 3.06% for tax years beginning in 2015 and thereafter.


Senate Bill 0592

DIGEST OF INTRODUCED BILL

Property tax exemptions. Provides that in the case of a taxpayer that is a church that: (1) purchased real property in June 2007; (2) has used the real property for church purposes since purchasing the real property; and (3) filed a property tax exemption application for the real property in June 2007; the taxpayer is not required to pay any property taxes, penalties, or interest with respect to the property for the March 1, 2007, and March 1, 2008, assessment dates if the taxpayer demonstrates that the property would have qualified for an exemption if a property tax exemption application had been filed in a timely manner and the taxpayer had owned the real property on May 1, 2007. Provides that in the case of a taxpayer that is a nonprofit corporation that is the owner of real property: (1) that was owned, occupied, and used by the taxpayer or a predecessor taxpayer to provide youths with the opportunity to play supervised and organized baseball or softball during at least the 20 years preceding the March 1, 2003, and March 1, 2004, assessment dates; (2) for which a property tax liability was imposed for the March 1, 2003, and March 1, 2004, assessment dates; (3) that would have qualified for an exemption for the March 1, 2003, and March 1, 2004, assessment dates if a property tax exemption application had been filed in a timely manner; and (4) that was granted a property tax exemption for the March 1, 2005, assessment date; the taxpayer is not required to pay any property taxes, penalties, or interest with respect to the property for the March 1, 2003, and March 1, 2004, assessment dates if the taxpayer demonstrates that the real property would have qualified for an exemption if an exemption application had been filed in a timely manner.


House Bill 1317

DIGEST OF INTRODUCED BILL

Land banks and tax sale issues. Authorizes a county, consolidated city, or second class city to which the unsafe building law applies to establish a municipal corporation known as a land bank. Provides that the purpose of a land bank is to manage and improve the marketability of distressed real property in the territory of the county or city that established the land bank. Provides that the calculation of the amount required to redeem real property sold at a tax sale includes: (1) 1.5% per month on the purchaser's investment in the property, if the property is not certified to be vacant or abandoned; or (2) 5% per month on the purchaser's investment in the property, if the property is certified to be vacant or abandoned. Provides that when a tax deed is issued to a land bank after a county executive has assigned the county executive's certificate of sale to the land bank, the taxes, special assessments, and costs on the real property are removed from the tax duplicate in the same manner that taxes are removed by certificate of error. Provides that real property to which a county executive has acquired title through the tax sale process may be transferred at no cost to a land bank rather than a redevelopment commission, as is the case under current law. Authorizes a land bank to maintain an action to quiet title to more than one parcel of real property for which the land bank has a claim in a single complaint. Provides that a local governmental entity may not issue a permit, approve a land use, or approve construction concerning a parcel of real property if: (1) delinquent property taxes or special assessments on the parcel remain unpaid; or (2) unsafe building costs or civil penalties for the parcel remain unpaid. Permits an enforcement authority for the unsafe


House Bill 1318

DIGEST OF INTRODUCED BILL

Tax credits. Transfers administration of the historic rehabilitation tax credit from the division of historic preservation and archeology of the department of natural resources to the office of community and rural affairs (office). Provides that the credit applies to the preservation or rehabilitation of historic properties that have been vacant for at least one year. Establishes four new methodologies for determining the amount of the tax credit. Provides that a property's adjusted basis is not reduced by the amount of the credit if a person is entitled to a federal low income housing tax credit. Changes numerous spending floors and caps relating to the tax credit. Phases in increases to the annual statewide cap on the tax credit until the cap is $10,000,000. Specifies that the office may adopt emergency rules. Voids a rule providing that the maximum amount of tax credits for a particular project is $100,000. Prohibits the office from reallocating available tax credits from year to year.


House Bill 1323

DIGEST OF INTRODUCED BILL

Small employer qualified wellness program tax credit. Provides that the small employer qualified wellness program tax credit (program) is extended for taxable years beginning after December 31, 2013, and before January 1, 2020. Expands the program to include small employers with not more than 250 eligible employees. Eliminates the carryforward of any unused tax credit under the program for expenditures incurred after December 31, 2013. Imposes a maximum of $5,000 on the amount of the credit that a small employer may claim in a taxable year. Provides that an aggregate of not more than $5,000,000 in tax credits may be claimed under the program during any budget biennium after December 31, 2013. Repeals a redundant definition of "pass through entity".


House Bill 1324

DIGEST OF INTRODUCED BILL

Motor fuels. Increases from 10% to 20% the amount by which the price of a clean energy vehicle may surpass the price of a similarly equipped vehicle that is not a clean energy vehicle for the purpose of determining whether a state agency must purchase or lease the clean energy vehicle. Provides an income tax credit for placing into service a natural gas powered vehicle that has a gross vehicle weight rating of more than 33,000 pounds. Provides for the collection and remittance of the state gross retail tax (by changing the definition of "special fuel") and the special fuel tax on natural gas, butane, and propane used as a motor fuel. Provides for the imposition of the motor carrier fuel tax upon alternative fuels by imposing the existing rates on the gasoline gallon equivalents of natural gas sold. Excludes natural gas fueled vehicles from the alternative fuel decal law. Increases the maximum weight limitation for a vehicle that uses natural gas as a motor fuel by 2,000 pounds.


House Bill 1330

DIGEST OF INTRODUCED BILL

Taxation of mobile homes. Provides that only the owner of a mobile home may obtain the permit required to move the mobile home from one location to another. Requires the department of local government finance to develop a system for recording the property tax information for a mobile home that is not assessed as real property. Requires that the system must use an identification number that is unique to the vehicle identification number of the mobile home. Imposes recording and escrow requirements upon purchase contracts for a mobile home or manufactured home that is not assessed as real property. Provides that for assessment dates after December 31, 2013: (1) a contract buyer claiming the standard deduction with respect to a mobile home or manufactured home that is not assessed as real property while purchasing the mobile home or manufactured home under a contract must show compliance with the new requirements; and (2) an owner other than a contract buyer must attach a copy of the owner's title to the mobile home or manufactured home to the application for the deduction. Specifies that a reference to a manufactured home in the certificate of title law must be construed as a reference to a mobile home. Provides that mobile home community registers must be open to inspection by township and county assessors. Requires that the registry must include a copy of the permit authorizing the movement of the mobile home or manufactured home from one location to another or authorizing a transfer of the title to the mobile home or manufactured home. Provides that a county recorder may record a purchase contract for a mobile home or a manufactured home only if the contract seller provides a copy of the title to the mobile home or manufactured home before submitting the purchase contract for recording.


House Bill 1335

DIGEST OF INTRODUCED BILL

Hoosier business investment tax credit. Provides that an additional class of investments known as Hoosier overdrive investments is eligible for the Hoosier business investment tax credit. Provides that the credit percentage awarded by the Indiana economic development corporation for Hoosier overdrive investments may not exceed 25%. Limits the total amount of credits that the Indiana economic development corporation may award for Hoosier overdrive investments each state fiscal year to $20,000,000.


House Bill 1349

DIGEST OF INTRODUCED BILL

Personal property tax deduction. Provides an assessed value deduction to offset the effects of the 30% minimum personal property tax depreciation floor for depreciable personal property or utility distributable property for property newly acquired or installed after the 2013 assessment date.


House Bill 1350

DIGEST OF INTRODUCED BILL

Sales and use taxes. Provides that a person may not claim a race horse unless the person has on deposit with a permit holder an amount sufficient to pay the use tax on the claimed horse. Provides for the collection and remittance of the use tax on claimed horses for claiming transactions occurring after June 30, 2013. Provides that when a race horse is claimed for a subsequent time, the use tax rate is applied to the increase in the claiming price from the previous claiming transaction, if any. Requires the department of state revenue to establish an amnesty program for collecting the use tax on claiming transactions occurring before June 1, 2012.