Tuesday, April 3, 2012

Revenue Finds Use Tax on Recreational Vehicle Purchase Barred by Statute of Limitations

Taxpayer purchased a recreational vehicle on December 17, 2007. The Department issued a proposed assessment for this transaction on July 5, 2011.

Taxpayer allegedly purchased the second and third recreational vehicles in 2006. The Department issued a second proposed assessment on July 5, 2011.

IC § 6-8.1-5-2(a) states:  Except as otherwise provided in this section, the department may not issue a proposed assessment under section 1 of this chapter more than three (3) years after the latest of the date the return is filed, or either of the following:  (1) The due date of the return.  (2) In the case of a return filed for the state gross retail or use tax, the gasoline tax, the special fuel tax, the motor carrier fuel tax, the oil inspection fee, or the petroleum severance tax, the end of the calendar year which contains the taxable period for which the return is filed.

The three-year statute of limitations applies in the absence of proof of fraud by clear and convincing evidence or a taxpayer's failure to file a return. See IC § 6-8.1-5-2(f). As noted in Part I above, there is no evidence of either of these circumstances in this case.

Because Taxpayer is not a registered retail merchant, Taxpayer would have been required to report use tax on the 2006 and 2007 transactions on his individual IT-40 income tax returns due on April 17, 2007 and April 15, 2008.

Any additional assessment on the 2006 transactions (even assuming Taxpayer indeed purchased those vehicles and furthermore purchased them on the latest day possible in 2006, December 31st) would be barred by the statute of limitations if issued after April 19, 2010. Since the Department issued the assessment on July 5, 2011, this assessment is barred by the statute of limitations.

Any additional assessment on the 2007 transaction would be barred by the statute of limitations if issued after April 15, 2011. Since the Department issued the assessment on July 5, 2011, this assessment is also barred by the statute of limitations.
…

Lafayette City Council Approves Four Abatement Requests

From the Lafayette Journal Courier:

A group of tax abatement requests passed with flying colors during Monday night's Lafayette City Council meeting.
...

Rea Magnet Wire asked for a seven-year tax abatement on $7.5 million worth of new equipment to replace aging machines. The abatement includes equipment for a new process for copper refining, adding nine jobs.

Alcoa's request was a 10-year property tax abatement on real estate and new equipment. The requests are part of Alcoa's $93 million investment to construct an aluminum lithium casting plant on its property along Teal Road near Sagamore Parkway. Alcoa's new line will create 75 jobs.

Heartland Automotive requested a 10-year abatement to build a $8.4 million, 126,000 square-foot manufacturing facility at Park 350, the industrial park at Veterans Memorial Parkway and U.S. 52. Heartland Automotive would then move out of its leased 71,000 square-foot plant at 1520 Kepner Drive.

With its abatement, Wabash National plans to begin production on a vacuum tank trailer later this year. The new line will require a $750,000 investment in equipment and will produce 60 or more new jobs.
Each request was unanimously approved by the city council.
...

http://www.jconline.com/apps/pbcs.dll/article?AID=2012204030318

Whirlpool to Pay Back $800,000 in Tax Credits

From the Indianapolis Star:

Whirlpool Corp. will honor its commitment to pay the state of Indiana $800,000 after a loss of jobs at the company's Evansville product-development facility.

Following a cut in manufacturing jobs in 2009, Whirlpool had agreed to keep 260 full-time positions in Evansville so it could retain previously awarded tax credits from the Indiana Economic Development Corp. The manufacturer now employs 230 people, all but 20 of which are Indiana residents, at that center.

http://www.indystar.com/apps/pbcs.dll/article?AID=2012204030359

Monday, April 2, 2012

The Lafayette Journal Courier Analyzes the Impact of Tax Abatements on Schools

From the Lafayette Journal Courier:

Property tax abatements are an essential economic development tool, but in years past, this tool has been criticized for taking money out of classrooms by depriving schools tax revenues.

Property tax reforms adopted in 2008 eased the effects of abatements on school districts' general funds, which now are financed through the state's sales tax instead of property taxes.

Lafayette School Corp. Superintendent Ed Eiler said abatements used to concern school districts -- and other public entities -- over lost revenue that the abatements represented. They also were concerned that abatements might shift the tax burden to others, causing increases in taxes.

"The impact of abatements are on more of the support functions of the schools," Eiler said. "It does not have quite the impact on the classroom that it (did before property tax reforms)."

Property tax revenue allocated to school districts funds capital accounts that are used for facility maintenance and building projects, new school bus purchases and transportation expenses. Property taxes also fund school districts' debt services.

"Schools are less dependent on property taxes than they were," said Larry DeBoer of Purdue University's Department of Agricultural Economics. "(But) schools are still the biggest collector of property taxes in most counties."

In 2008 -- before the property tax reforms -- Tippecanoe County collected $195 million in property tax revenue. Of that, $115 million went to schools, DeBoer said. By comparison, Tippecanoe County collected $138 million in property taxes in 2011, and $66 million went to schools.

On the other side of the discussion, abatements are incentives to entice new developers to invest in an area or spur current businesses to expand.

Abatements gradually phase in property taxes over the life of the agreement. For example, a company receiving a 10-year real estate abatement does not pay any property taxes on the abated development the first year. One-tenth of the property taxes on the development is added each year until the end of the abatement when the company is paying 100 percent of the assessed value of the real estate.

Four abatements come before the Lafayette City Council today for approval. If approved, Alcoa Inc. and Heartland Automotive would receive 10-year abatements on real estate, and Wabash National and Rea Magnet Wire would receive seven-year abatements on personal property (equipment).

"Tax abatement is on new investment, not existing investment," said Dennis Carson, Lafayette's director of economic development. "It does not affect the existing tax base or assessed value of any of the taxing units in a negative way."

Carson's point is that abatements do not take tax revenue away from public entities. In fact, it gradually adds revenue.

Abatements are intended to be used only in a "but for" situation, DeBoer said, explaining the "but for" the abatement, the project would not have gone forward.

Carson noted this was the case in the Alcoa and Heartland Automotive developments, as well as for Rea Magnet and Wabash National.

Lafayette was competing with other Alcoa sites for a $93 million development, Carson said. And Heartland Automotive has been wined and dined by Clinton County economic developers in an attempt to lure them away from building a new factory in Lafayette at Park 350, where Heartland already owns land.

"In all of these cases we have right now for pending tax abatement, they were competitive deals where if it was not for tax abatement, these investments would be going somewhere else," Carson said. "Therefore, in these cases, all taxing units would receive nothing."

"You've got to look at the long-term effect," said Ross Sloat, business manager for West Lafayette schools.

Abatements bring in new development, but it might also increase the tax burden on others if tax rates are increased to cover public entities' expenses, Sloat said.

DeBoer warned that if tax levies go up, public entities run the risk of actually losing money because some properties would hit tax caps established in the 2008 reforms and adopted into the Indiana Constitution in 2010.

"With tax caps, it's important to abate only property that would not have been there," DeBoer said.

New development brings more jobs to the community, driving more local and state taxes, which is another reason for abatements, Carson said.

"Other taxes are generated, such as COIT (county optional income tax), EDIT (economic development income tax), sales and use taxes," he said.

"The jobs and investment from these companies will create six or seven additional jobs in the community through suppliers, service and other small businesses," Carson said. "The employees from these companies will buy homes, eat in restaurants and frequent many local businesses, all contributing to the local economy that supports our schools -- not to mention that many of companies are leaders in community efforts such as Read to Succeed among other things."

DeBoer noted that for schools, this growth can be a double-edge sword.

It's true that more people might move to the area, buy houses and pay taxes. But schools are left to finance the education of more students while tax revenues catch up to the population shift, DeBoer said.

If, for example, an abatement is approved in the Lafayette school district, but new employees move their families to Tippecanoe school district, Tippecanoe School Corp. doesn't receive the eventual tax revenues from those corporate investments, DeBoer noted.

Bringing the discussion full circle, Eiler pointed out that the benefits of abatements outweigh the delay in receiving revenue from higher assessed values caused by abatements.

"We're in this together," Eiler said. "There's got to be some give and take."

"We're going to be very supportive of having a vibrant economic community. I think we're all beneficiaries of a healthy economy."

"These investments, at least here in Lafayette, help to keep Lafayette growing," Carson said, "thereby supporting and increasing all assessed values, and at the same time, keeping the tax rate stable that helps keep the tax caps from kicking in."

http://www.jconline.com/apps/pbcs.dll/article?AID=2012204020312

Hammond City Council Approves Expansion of Redevelopment Area

From the Northwest Indiana Times:

With Potash Corp. breaking ground on its new facility in June, the city is positioning itself to provide $10 million in incentives to the company.

Potash is planning a $70 million rail transfer facility at Gibson Yard. The city floated the incentives to pay for infrastructure improvements necessary for Potash to build the facility.

The City Council on Monday approved expanding one of the city's redevelopment areas to cover the Potash site. That will allow the city to use tax increment financing to fund the incentives, said Phil Taillon, executive director of the Department of Planning and Development.

Taillon said expanding the redevelopment area enables the city to give Potash the $10 million through the bond process.

Expanding the redevelopment area won't draw money from the city's general fund. Taxes currently being paid still will go to the city. What the expansion allows is for the redevelopment area to capture any new property tax revenue created by the project, Taillon said.

"By adding the site where Potash is going to locate into this TIF, we can now basically collect taxes that are going to be paid over the next 20 to 25 years," Taillon said.

The Redevelopment Commission still needs to give its final approval of the plan.

"We're not losing any tax money," said Tom Dabertin, chief of staff for Mayor Thomas McDermott Jr. "We're simply saying some of the additional tax money we will receive from Potash, some of that money will help pay for improvements that are necessary."

The project will generate 225 temporary construction jobs and 25 to 30 permanents positions for the city.


Read more: http://www.nwitimes.com/news/local/lake/hammond/hammond-looks-to-expand-redevelopment-area-for-potash-project/article_2fee8c21-8f88-51de-ba98-d918b3faf35a.html#ixzz1qvOKrNQ8

Lake Central School Corp's Actions Promoting Referendum Called into Question

From the Northwest Indiana Times:

An email from Lake Central School Corp.'s top official indicates district resources were used to push its voter referendum. But in a subsequent letter, the district denied an anti-referendum group access to the same resources.

Indiana law requires school corporations to provide equal access to facilities or equipment when promoting a position on a local referendum.

In a Sept. 8 email obtained by The Times, Lake Central Superintendent Larry Veracco told a parent he provided parents' email addresses to the political action committee supporting the referendum.

District officials later denied a request for the same records by a group opposing the referendum, which sought voters' approval to rebuild Lake Central High School and construct a new Protsman Elementary School.

The pro-referendum committee, Friends of Lake Central Schools, sent parents multiple emails in the months before the election.

Ultimately, voters approved the $160 million referendum in November, but not all parents were happy about receiving those messages.

"I do not know if it was an overt handover of my email address or if it was done by someone in the school system who was sympathetic to the cause, but I have a unique email address that I use for the RDS Parent Network and as the contact email on file with the school system," one parent wrote Veracco on Sept. 8. "That email has never been used anywhere else. ... I'm writing, as a supporter of the goals you have, to suggest that you risk undermining those goals by using (school) funds, facilities or information in support of that goal."

That parent asked to not be named because his child still attends Lake Central schools.
In response to that parent's email, Veracco wrote:

"We did provide parent email addresses for this initial PAC mailing so all parents (dozens of requests) know where to go for information. I realize that some of our parents may prefer that we spread the word in a manner other than email, but we made a decision to do so since we believe the greater majority will benefit."

The Times obtained copies of emails to and from Veracco through a public records request to the school district.

Residents opposed to the referendum argue Lake Central school officials gave the district and its supporters an unfair advantage in swaying public opinion.

'I was mistaken'

Veracco told The Times during a recent interview that he isn't sure why he sent that email. He said he later checked with the assistant superintendent and employees in the technology department, and they told him the district did not provide the parents' email list to the pro-referendum group.

"I believe, in hindsight, I was mistaken," Veracco said.

His denial comes despite his Sept. 8 email, which references specific actions taken by a Web consultant to disseminate the email addresses.

Veracco said the political action committee may have received parents' email addresses from some of Lake Central's Parent Teacher organizations, but representatives of four PTOs reached by The Times said they did not do so.

Chuck Pollen, chairman of the pro-referendum Friends of Lake Central Schools, said he does not know how the political action committee gathered parents' email addresses. He referred questions to pro-referendum volunteer coordinator Gina Marten. Marten declined comment, referring all questions to Lake Central School Corp.

Veracco said he rejected requests to use the school corporation's website or phone alert system to promote the referendum.

"We tried to follow the law the best we could," he said.

But this isn't the first time the district's adherence to election law has been questioned.

Other complaints

St. John resident Joe Hero and St. John Township resident Richard Hucker filed complaints in November and February with the Lake County elections board, claiming Lake Central School Corp. used school property and equipment to promote its referendum.

Hero and Hucker argue Friends of Lake Central Schools failed to report those items as in-kind contributions on its campaign finance reports.

Hero and Hucker, who opposed the referendum, also claim Lake Central School Corp. suppressed voters by directing volunteers to remove "vote no" signs, according to their complaint.

The Lake County elections board decided Tuesday to schedule a separate hearing to review the two men's allegations and any documentation. That hearing had not been scheduled as of Friday.
Veracco declined to comment on Hero and Hucker's allegations.

Unfair advantage?

Hucker said Lake Central School Corp. gave the pro-referendum group an unfair advantage.

"If they had done everything legal, and they had won the referendum legally, I probably would have been one of the first ones to congratulate them for doing a good job," Hucker said. "But that isn't how it was."

Hucker's complaints before the Lake County elections board do not include the school corporation's denial of his request for the same mailing list that the Sept. 8 email by Veracco indicates went to Friends of Lake Central Schools.

Hucker's public records request was filed Oct. 21 — a month and a half after Veracco sent an email saying the district had released parents' email addresses to the political action committee.

In a public records denial letter dated Nov. 2, Assistant Superintendent Al Gandolfi told Hucker that the district had no record of the political action committee requesting the records Hucker wanted.

Indiana Public Access Counselor Joe Hoage said a public entity can't deny access to a record it already has generated and given to another party.

But even if Lake Central School Corp. did give out parents' email addresses in violation of state law, it is unlikely school officials will be penalized for it.

Enforcing the law

The Lake County elections board, Indiana Department of Local Government Finance, Secretary of State's Indiana Election Division, Indiana Department of Education and Indiana attorney general's office said their offices have no jurisdiction over questions of state law pertaining to promoting a position on a referendum.

Ryan Preston, an office supervisor of schools and townships for the State Board of Accounts, said his agency would investigate only allegations relating to financial compliance — not the dissemination of parents' email addresses.

He confirmed the agency received a financially related complaint about Lake Central School Corp. in December. That complaint was added to a file that will be reviewed when the agency audits the school district.

The Lake County prosecutor's office has the power to file an infraction against anyone who violates state law requiring equal access to facilities and equipment when promoting a position on a referendum. Hucker said he also asked the prosecutor's office to file charges against the volunteers who removed his "vote no" signs — but he said he did not hear back.

Lake County Prosecutor Bernard Carter said his office has deferred to the Lake County elections board for a determination on whether the sign issue was a violation of law. He said if the board refers the case back to his office, he would take it.

Carter also said his office had not been asked to look into the issue of parents' email addresses — but he said he would do so if it came under his authority. He said he likely would ask Indiana State Police to handle that investigation.

Hero said he and Hucker will pursue all avenues to overturn the results of November's referendum and get the taxpayers restitution for what Hero believes was theft of public funds.

"You have a school system that is supposed to teach the children of St. John Township ethics and good citizenship, yet ... educators were giving pro-referendum people a campaign headquarters and using taxpayer dollars to promote their own agenda," Hero said. "It's a bad precedent to set with the young people."


Read more: http://www.nwitimes.com/news/local/lake/dyer/lake-central-school-corp-s-actions-during-referendum-questioned/article_a9ecfc71-6bf6-526a-a644-230eea07141c.html#ixzz1qvLlIux7

The Ft. Wayne Journal-Gazette Analyzes the Impact of Property Tax Caps and Concludes that Taxpayers with Higher Valued Properties Disproportionately Benefit

From the Fort Wayne Journal Gazette:

Two years ago, nearly three-quarters of Hoosiers supported putting property tax caps in the state constitution.

Since then, those caps have saved land owners millions of dollars across Allen County and the state, but they haven’t helped everyone.

In fact, those caps have only helped owners of at least moderate homes and have disproportionately aided those with exceptionally expensive dwellings.

Allen County homeowners will save more than $16 million on their property tax bills this year because of the caps, but more than a third of that benefit will go to people living in homes worth $250,000 or more, according to analyses by The Journal Gazette and the county auditor. Those typically larger structures represent 7.2 percent of all homes in the county.

Homes in Allen County generally must have a tax value – which is supposed to represent market value – of about $100,000 to get any benefit at all. The actual tax cap benchmark varies wildly depending on where the property is located in the county (See chart, Page 6A).

In total, 31.5 percent of Allen County homeowners will receive some benefit from the caps this year – that number rises to 40 percent in Fort Wayne.

Rep. Win Moses, D-Fort Wayne, said the effect of the caps should not be a surprise to anyone, and was something he and other opponents tried to explain before the constitutional referendum. He said they were unsuccessful in explaining the issue or getting people to believe them.

“The intent of the legislation has been to shift the tax burden from the higher income to the middle and lower incomes,” he said. “This was not a tax reduction.”

What the caps mean in practice is that should property values remain consistent, any future property tax increases would only be felt by those living in less-expensive homes.

Sen. David Long, R-Fort Wayne, said it would be unfair to isolate the effect of property tax caps without looking at how other tax reforms have assisted Hoosiers, although he admitted the caps seem to get most of the attention.

“Everybody benefits from property tax reform significantly,” Long said.

He said the caps came at a time of property tax crisis, especially in Marion County, when homeowners were facing double-digit percentage increases on their tax bills. That is why the state took several steps to limit the growth, which included limiting government revenue growth and limiting the increase senior citizens can get on their tax bill.

He said the property tax caps were vital, however, because they ensure long-lasting relief for taxpayers.

“Without some permanent controls in there, you’d likely see the same erosion of our reforms over time,” Long said.

Reason for disparity

The caps limit the amount a property owner must pay based on the property’s value. Homeowners can’t pay more than 1 percent of their home’s value, while the limit is 2 percent for rental properties and farmland and 3 percent for businesses.

While the 1 percent cap is consistent for all homes, regardless of value, it affects homes differently because of other property tax relief measures taken by the state. The most basic is the standard homestead deduction, which reduces the taxable value of a home by 60 percent or $45,000 – whichever is less.

That means a $180,000 home has its taxed value reduced by a quarter, while a $90,000 home’s tax value is cut in half.

Because more of its value is cut, the less expensive home also has a larger portion of its tax bill reduced. This leaves larger homes with proportionally larger tax bills and thus more likely to hit the 1 percent tax cap.

“You are more likely to be eligible to be at the tax caps if you live in a more expensive home,” said Larry DeBoer, a professor at Purdue University and one of the pre-eminent experts on Indiana property taxes.

This means people in lower-priced homes are paying proportionally smaller bills, in comparison with their home’s value, than owners of higher-priced homes even with the caps.

But Moses said that argument omits a key part of the state’s property tax overhaul, which required raising sales tax from 6 percent to 7 percent.

“A sales tax is very regressive,” he said, noting lower and moderate income families have to spend a higher percentage of their incomes on necessities that include sales tax.

Moses also said it would be difficult to argue lower- and middle-class families weren’t paying their fair share, especially during a national recession.

The other property tax deductions also mean that the more expensive a home is, the more benefit it will receive from the tax caps.

For example, take two neighboring homes in Washington Township in Fort Wayne. One has a tax value of $442,900 and the neighboring home has a tax value of $250,900. Both homes save money under the property tax caps, but the more expensive home sees a 34.6 percent cut in its tax bill because of the caps while the smaller house receives a 28.5 percent tax break.
Cap cutoffs

The value a home must have before it hits the property tax caps varies across the county. The higher an area’s tax rate is, the lower a home’s value has to be before it hits the cap.

In Fort Wayne, that value is about $100,000, although the city has its own variances. Residents living in northwest Perry Township have the lowest threshold in the county at $84,090, and because the median home value in the area is an estimated $170,200 nearly 95 percent of all homes there reached the tax caps.

This is the highest percentage in the county, followed by 85 percent of homeowners benefiting from the cap that live in the portion of Aboite Township that was annexed into the city.

Conversely, only 12.1 percent of homes receive property tax relief in Wayne Township in Fort Wayne. This is despite having a minimum value to hit the cap – $95,965 – that is similar to the minimum in Aboite – $99,040.

The difference is the median property value in Wayne Township is $75,000 compared to $173,600 in Aboite.

The swings are even wilder outside Fort Wayne, where tax rates vary dramatically. A resident in rural Jackson Township – and it is all rural – would need to have a home valued at more than $1 million to see any property tax cap relief. No homeowner met that threshold.

In unincorporated Aboite Township, a home must be worth nearly $800,000 to get a benefit from the caps, and 26 homes will receive some relief this year.

In the aggregate, property owners in Allen County receive $35.3 million in relief from the property tax caps this year. Of that total, about $16 million went toward homes, including nearly $500,000 in special relief for senior citizens.

There are 6,967 homes in the county valued at more than $250,000, and 4,415 of those homes receive some tax cap benefit. In aggregate those 4.5 percent of all county households received $6.4 million in cuts to their tax bills from the state caps.

Some of this benefit might fall under other tax caps for homes with huge chunks of land or large swimming pools, but the vast majority would be under the 1 percent cap for homes, according to Nicholas Jordan, Allen County deputy auditor. Jordan said it would be safe to assume that less than $1 million of the benefit received by larger home owners were as a result of those other caps.

This means between 33 percent and 40 percent of homeowners’ property tax relief went to people living in quarter-million-dollar homes.
Unfunded benefit

Despite the disparity in benefit of the circuit breaker, Rep. Moses said it is highly unlikely to find any Hoosiers thinking property taxes should be higher.

“Nobody that did get a (tax decrease) will argue that it is inappropriate,” he said.

That means local governments must assume that the caps, which are in the constitution, are here to stay.

But unlike other property tax relief, the tax caps come with no alternative financing source. State homestead deductions could be countered with higher tax rates, and local relief is financed with income taxes. The caps, however, mean local governments such as cities, libraries and schools don’t collect as much revenue as they could.

Sen. Long said that was exactly the point.

“It is forcing local government to become more efficient,” he said, noting that he was hopeful this limiting of revenues would force governments to examine some of the government reform recommendations made in previous years.

The caps, along with a few election-year decisions to freeze tax growth, have caused Fort Wayne’s net property tax revenues to drop annually since a peak of $99.4 million in 2007, the first year annexed residents in Aboite Township paid city property taxes.

Part of the problem facing local governments is the fact the caps hit at the same time the national economy collapsed. This not only hurt income taxes because fewer people were working, but it also led to a precipitous drop in property values in the area.

Since 2008, Fort Wayne properties – including homes, rentals and businesses – have seen a combined loss of more than $2 billion in value, according to the county’s assessor.

That plunge in property values means tax rates are pushed higher to collect the same amount of revenue, meaning more homes hit the circuit breaker and more revenues are lost. The hope is property values will eventually rebound and new construction will add more to the tax base, which DeBoer said will likely happen.

The slow erosion of its property tax stream prompted Mayor Tom Henry to convene a panel of tax experts, including DeBoer, to help the city create a sustainable fiscal policy in a world with property tax caps.

Fort Wayne Controller Pat Roller said the group met for the first time last week and will have a lot to discuss.

One of the concerns the tax caps create is that, should the city decide to increase property taxes, the only homeowners to feel that hit are the ones in lower-valued homes, she said, as long as property values remain flat.

Because more expensive homes are at their cap, any increase in tax rates has no effect on the homeowner’s bill. Homeowners not at the caps – those in less expensive homes – would continue to see their bills rise until they also hit the 1 percent cap.

While the caps have directly helped those living in larger homes, Moses said their effect will likely hurt people who receive no tax cap benefit at all.

“What it did is we are probably going to have a substantial reduction of service at some point and that is probably going to affect those that need them the most,” he said.

http://www.journalgazette.net/article/20120401/LOCAL/304019946

Saturday, March 31, 2012

Professor of Economics at Purdue Explains Agricultural Land Values in the Northwest Indiana Times

The assessed values of farmland for property taxes have been rising. Mostly this is because of increases in the "base rate" per acre of farmland. But now, another element of the assessment calculation, the "soil productivity factors," might rise as well.

The assessed value of farmland starts with the base rate, a dollar value per acre for the whole state. The base rate will be $1,630 for taxes in 2013. That's up from $1,500 for 2012 taxes, and up from $880 for 2007 taxes. The base rate is rising because of high corn and soybean prices, and low interest rates.

The base rate is the same for all Indiana farmland. But some acreage is more valuable; some is less valuable. According to the 2011 Purdue Farmland Value Survey, in June 2011, the highest valued land in Indiana was in the west central region, with an average value for top land of $7,443 per acre. The lowest valued land in Indiana was in the southeast region, with poor land averaging $2,895 per acre.

The soil productivity factors introduce variation into farmland assessments. The factors measure productivity based on corn yields by soil type. Each acre of farmland in Indiana has been assigned a soil type, and the soil types have been assigned productivity factors. According to the Department of Local Government Finance 2011 assessment guidelines, these factors are based on properties of the soil, such as moisture-holding capacity, organic matter content and other properties that affect corn yields.

For years, the soil factors have varied from 0.5 to 1.28. For 2013 taxes, the base rate times the soil factor would vary from $815 per acre (0.5 x $1,630) to $2,086 per acre (1.28 x $1,630).

Indiana is undertaking a statewide reassessment for taxes in 2013. As part of this effort, the DLGF requested new soil productivity factors from the U.S. Department of Agriculture's Natural Resources Conservation Service. The range for the new factors is 0.5 to 1.66, so for 2013, taxes for the top soil would be valued at $2,706 per acre (1.66 x $1,630).

Average soil factors for 69 counties can be calculated with data provided by the Indiana Legislative Services Agency. Statewide, the average old soil factor is 0.96, while the average new soil factor is 1.20. That's an increase of about 25 percent. The LSA has estimated that the introduction of the new soil factors in pay-2013 would increase farmland property taxes by 18.5 percent in addition to the increase from the rise in the base rate.

In March, the Indiana General Assembly passed Senate Bill 19. Section 9 of this bill postpones the use of the new soil factors from taxes in 2013 to taxes in 2014. The governor signed the bill, so it's now Public Law 112. The effect of the new soil factors likely will be studied by one of the legislature's committees before the numbers are used.

What will be studied? One topic will be the increase in the average soil factors. If the base rate is meant to be the average assessed value of an acre of Indiana farmland, then the soil factors must average about one. The old factors appear to average a little less than one, so a small increase could be justified. The new factors average more than one, so the average assessed value of an acre would be greater than the base rate.

Corn yields per acre have increased over the years. The higher soil factors may reflect this rise. But rising yields also increase the base rate, so the rise in soil factors may double-count the yield increase.

If agriculture pays more of the tax levy, other taxpayers pay less. Higher total-assessed values mean that any amount of tax revenue can be raised with lower property tax rates. Farmland is a small share of assessed value statewide, so the impact on other taxpayers is small. The LSA estimates that average homeowner tax bills would fall 1.2 percent with the new soil factors. The effect on nonagricultural tax bills in rural areas would be bigger, because farmland is a bigger part of total assessed value in rural areas.

Issues of farmland assessment matter to agriculture. They matter to other property taxpayers, too.

Read more: http://www.nwitimes.com/news/opinion/guest-commentary/larry-deboer-soil-productivity-factors-and-farmland-property-taxes/article_cceef097-3541-55fa-969f-8d6693fc6034.html#ixzz1qj9v5evL

Two Appeals Scheduled for Hearing in April in the Tax Court

Orange County Assessor v. James E. Stout
Start Date: 4/13/2012 Start Time: 1:30 PM
End Date: 4/13/2012 End Time: 2:30 PM
Entry Description
49T10-1112-TA-94

In this appeal the Assessor challenges the IBTR's final determination lowering the assessed value of land to that of the prior year's agricultural land and the IBTR's construction of the applicability of Indiana Code 6-1.1-15-17 to this case.

Location:
State House, Room 413
Indianapolis, IN 46204

Howard County Assessor v. Kokomo Mall, LLC
Start Date: 4/19/2012 Start Time: 3:30 PM
End Date: 4/19/2012 End Time: 4:30 PM
Entry Description
49T10-1109-TA-56

Oral Argument. The Howard County Assessor challenges the IBTR's final determination that taxpayer's assessed value for the parcels constituting the Kokomo Mall were over-stated based on an appraisal.

Location:
Indiana University Maurer School of Law
Moot Courtroom - Room 123
211 S. Indiana Avenue
Bloomington, IN 47405

http://www.in.gov/activecalendar/EventList.aspx?fromdate=3%2f1%2f2012&todate=3%2f31%2f2012&display=Month&view=DateTime

Appeals Filed with the Indiana Tax Court in March

Appeals to the Tax Court in March:

03/30/12 Sony DADC US, Inc. v. Indiana Dept. of State Revenue N/A 49T10-1203-TA-18
03/30/12 Fifth Third Bancorp and Subsidiaries v. Indiana Dept. of State Revenue N/A 49T10-1203-TA-16
03/30/12 Sony DADC US, Inc. v. Indiana Dept. of State Revenue N/A 49T10-1203-TA-17
03/15/12 Cook Incorporated (formerly Vance Products Inc. d/b/a Cook Urological Inc.) v. Ind. Dept. of State Revenue N/A 49T10-1203-TA-15
03/15/12 R.R. Donnelley & Sons Co. v. Indiana Dept. of State Revenue N/A 49T10-1203-TA-14
03/14/12 Brightpoint, Inc. and Subsidiaries v. Ind. Dept. of State Revenue N/A 49T10-1203-TA-13
03/08/12 Brightpoint, Inc. v. Indiana Dept. of State Revenue N/A 49T10-1203-TA-12

http://www.in.gov/judiciary/opinions/taxsumm.html


Farmers to See Higher Property Tax Bills in Allen County Due to the Increased Agricultural Land Value

From the Fort Wayne Journal Gazette:

Rising yields and crop prices mean more revenue for farmers, but they also mean higher taxes.

Farmers across Allen County will generally see a 16 percent jump in their property taxes this year thanks to changes in their property’s taxable value, which is driven by the land’s productivity.

While most homeowners should expect to see only marginal increases or decreases in their 2012 property tax bills, owners of farms can expect fairly large jumps.

“That puts a hurt on the farmers,” said Roger Hadley, president of the Allen County Farm Bureau. “Our other production costs are going way up, too.”

The reason for the increase in property tax bills is a steady climb in the taxable value of farmland, which is calculated by a state formula.

That formula considers land productivity, crop prices and farm expenses, according to Katrina Hall, tax and local government specialist with the Indiana Farm Bureau.

That base value has grown from $880 an acre for 2007 taxes to $1,290 last year and $1,500 an acre this year. The 16 percent jump in base land value this year means a 16 percent increase for property tax bills in much of Allen County because tax rates remained fairly flat. The land value has increased statewide, but its effect on tax bills will vary by area depending on changes in local tax rates.

“You come up with a value that has been increasing because commodity prices over the last two to three years have really escalated,” Hall said.

The final value of a farmer’s land includes the base value and other multipliers, such as soil type and whether the land is hilly or wooded.

Harold Kleine, who grows corn, beans and wheat in southern Allen County, said while revenues have increased for farmers, they haven’t kept up with the rising cost of equipment or fuel.

“The bad part is our cost always goes up,” said Kleine, who had to abandon raising cattle because it was costing him money.

One of Kleine’s farm parcels rose in taxable value from $35,100 to $49,100 this year, upping his tax bill by $225.

Hadley, who farms corn, soybeans and wheat in the Woodburn area, said he is concerned the value of farmland is rising higher that what it can produce in income. He said the value seems to instead be based on its potential sales price.

Hadley said farmland is now being bought as a real estate rather than an agricultural investment. “It’s getting to the point it’s burdensome,” he said of the taxes.

Hall said the state formula tries to account for the revenue generated by farmers and their expenses, but she acknowledged the data lag reality. This is a concern if farm incomes were to dip one year and farmers would be faced with higher taxes than their land could support.

Farmers should expect another increase next year when the base price per acre will rise to $1,630. Hall said it could have been even worse for farmers next year had the state changed its soil multiplier formula – increasing the possible taxable value for farmland.

The proposed multiplier change would have increased farm tax bills by 18.5 percent on top of the increase from the change in base rate. Hall said this would have meant an additional $57 million paid by farmers in property taxes next year.

Fortunately, Hall said, that change was delayed for a year for further study. She said she is still trying to determine the rationale behind it and whether it is appropriate.

http://www.journalgazette.net/article/20120329/LOCAL/303299981

Allen County Homeowners Will See Modest Changes in Property Tax Bills

From the Fort Wayne Journal Gazette:

Allen County homeowners should expect moderate changes on their tax bills in 2012, with a few areas such as Huntertown and Monroeville seeing spikes and drops of more than 5 percent.

Allen County Auditor Tera Klutz recently calculated tax bills. They show some homeowners’ bills dropping by up to 7 percent and some spiking by nearly 6 percent.

Most people, including those in Fort Wayne, will see only modest changes in their bills, however. Residents in Fort Wayne will generally see about a 2 percent increase in their property tax bills this year unless their taxes have already hit the state-imposed caps.

The state constitution prevents homeowners from paying more than 1 percent of their home’s value in property taxes. Voters approved the provision in 2010.

This means a $100,000 home has a maximum tax of $1,000. The cap is 2 percent for rental property and farmland and 3 percent for businesses.

Taxes went up in Fort Wayne partly because the taxable value of property fell by nearly 1 percent in the city. If the amount of money being collected remains the same – Fort Wayne government held its property tax revenues flat – but there is less property value to tax, the tax rate must be increased.

The auditor’s comparisons assume a property has retained its tax value.

The largest increase for city residents is for those living in Aboite Township, where homeowners can expect to see jumps of about 4 percent because of an increased levy from Southwest Allen County Schools, according to the auditor.

Residents in Monroeville can expect to pay 5.6 percent more in taxes this year – the highest increase in the county – because of two factors.

The value of CME Corp. dropped significantly, reducing the tax base and forcing other residents taxes’ up to compensate. In addition, the town increased its taxes by 7 percent.

This increase means an owner of a $100,000 home will now pay $927.45, which remains slightly less than the taxes paid in New Haven or Fort Wayne.

In contrast, residents in Huntertown and Perry Township can expect to see a nearly 7 percent dip in their property tax bills. The town and township both reduced their property taxes for 2012 at the same time the area saw a growth in its tax base.

Northwest Allen County Schools, the largest taxing unit in the area, kept its taxes relatively flat.

The state also changed its formula for distributing local property tax relief, which provided more money to residents in this area than had been received in the past. An owner of a $100,000 home in Huntertown will pay $811.83 this year.

Klutz said most business owners and rental complex owners should expect similar tax bills as seen in 2011 because of relatively flat tax rates across the county.

http://www.journalgazette.net/article/20120329/LOCAL/303299979

Property Tax Caps Create Winners and Losers in Allen County

From the Fort Wayne Journal Gazette:

State property tax caps will save Allen County property owners about the same amount of money this year as they did in 2011, but some individual governments will see large swings in the revenue lost to the caps.

These swings, which will cost Fort Wayne nearly $500,000 more in revenue this year, are partly due to a change in the state’s interpretation of how local property tax credits are distributed.

Taxpayers across the county will save $35.3 million this year thanks to the caps, meaning money that would have been historically collected by local governments is written off. This is less than a 1 percent increase from 2011.

State law caps the amount of property taxes a person can pay based on the property’s value. That cap is 1 percent for homeowners, 2 percent for rental homes and farmland and 3 percent for businesses.

Fort Wayne city government will lose nearly $14 million to the caps this year, up $467,656 from 2011 and up $900,000 from the city’s budget projections.

Controller Pat Roller said the caps are something all governments must deal with. She said the city must balance its revenue and expenses, and that is one of the reasons the mayor convened a panel of experts to help create a long-term fiscal policy.

“In the next five months, the city will be working with the City Council to discuss a variety of options through the fiscal policy group,” she said.

But with Allen County taxpayers’ overall savings unchanged from 2011, the city’s loss means someone else is gaining. The largest winner in 2012 is Northwest Allen County Schools, which will see its revenue losses from the tax caps fall by $556,998 this year.

There are several reasons for the drop for the district, which is collecting nearly the same amount of property taxes in 2012 as it did last year – $21.5 million.

Bill Mallers, district business manager, said there was a 5.2 percent increase in total property value in the district this year. In addition, other governments in the area, such as Perry Township and Huntertown, slightly reduced their property tax revenue, leaving more for the district to collect.

Allen County Auditor Tera Klutz said one of the main reasons for the school district’s gain was a change in how the state distributes local property tax relief.

A portion of the income taxes that county workers pay helps provide property tax relief. The money was historically distributed to governments based on a formula that excluded debt payments, essentially meaning areas with low property tax debt got more property tax relief.

Klutz said the state this year determined those local credits should be distributed uniformly across the county – a determination she believes is accurate and based on recent state law.

The change means areas with higher levels of debt, such as Northwest Allen, received a larger portion of the relief than they had previously. The district will receive nearly $450,000 more from the credit this year than it did last year, according to the calculations from the auditor’s office.

Klutz said because the majority of the homes in the school district had reached the 1 percent cap, the change in the local relief calculation won’t really affect homeowners’ bills. Instead, it will simply mean more money is going to their respective governments and schools and less is lost to the tax caps.
...

http://www.journalgazette.net/article/20120328/LOCAL/303289985

Friday, March 30, 2012

Revenue Finds Coatings Firm Liable for Use Taxes on Utilities, Packaging Supplies and Labeling Materials

Taxpayer applies liquid coatings to customer-owned steel and aluminum coils. This continuous process starts after the coil is unwound, cleaned, pretreated, coated, cured, and re-wound. Thereafter, coated coils are banded, covered, and placed on pallets for shipment back to its customers.

Pursuant to [an] audit, the Department determined that Taxpayer did not pay sales tax on certain purchases of tangible personal property, including, but not limited to, natural gas, water, packaging supplies, and labeling materials.
…

Taxpayer explained that it purchased natural gas and water from a supplier ("Vendor") – a company which previously owned the facility where Taxpayer operates. …  Taxpayer asserted that Vendor was a party in [a] case, in which the Indiana Utility Regulatory Commission determined that Vendor is a public utility pursuant to IC § 8-1-2-87.5.
…

Taxpayer's reliance is misplaced. Whether Vendor is a person engaged in transportation of gas and subject to Title 8 of the Indiana Code, Utilities and Transportation, is beyond the scope of this tax protest. Specifically, 45 IAC 2.2-4-11(d) and Information Bulletin 55 explain, in relevant part, that "public utilities" means any organization which is engaged in the furnishing or selling of natural gas or water, and "having the right of eminent domain or subject to government regulation in connection with the furnishing of public utility services."
…

Additionally, IC § 6-2.5-4-5(c)(3) is only applicable when a purchaser uses the utilities "in manufacturing, mining, production, refining, oil extraction, mineral extraction, irrigation, agriculture, or horticulture." Specifically, Information Bulletin 55 explains that "[t]o qualify for the exemption, the listed utility must be consumed as an essential and integral part of an integrated process which produces tangible personal property" and "[t]his exclusion does not apply to utilities used in processing another's product." Taxpayer, an industrial processor, applies coating materials to the customer-owned coils. Thus, the Department must respectfully decline Taxpayer's invitation to apply IC § 6-2.5-4-5(c)(3).
…

The Department's audit [also] assessed Taxpayer additional use tax on the purchases of packaging supplies for which Taxpayer did not pay sales tax at the time of its purchases.
…

IC § 6-2.5-5-9(d) states:  Sales of wrapping material and empty containers are exempt from the state gross retail tax if the person acquiring the material or containers acquires them for use as nonreturnable packages for selling the contents that he adds.

45 IAC 2.2-5-16[(d)(1)] explains:  To qualify for this exemption, nonreturnable wrapping materials and empty containers must be used by the purchaser in the following way:   (A) The purchaser must add contents to the containers purchased; and  (B) The purchaser must sell the contents added.
...

In this instance, Taxpayer acquired the steel and aluminum coils owned by its customers; Taxpayer provided industrial processing or servicing, including applying coatings on its customers' steel and aluminum coils; and Taxpayer transferred the steel and aluminum coils back to its customers to be sold by its customers. Thus, Taxpayer is an industrial processor pursuant to 45 IAC 2.2-5-10(a) and IC § 6-2.5-4-2(c). The statute specifically excludes an industrial processor from being considered as a retail merchant making a retail transaction when the three statutory requirements are met. Thus, the Department is not able to agree that "Taxpayer sells coatings which it applies to steel and aluminum coils on behalf of its customers."

In short, Taxpayer's purchases of packaging supplies were taxable. Since Taxpayer did not pay sales tax at the time of its purchases, use tax is properly imposed.

The Department's audit assessed use tax on Taxpayer's purchases of labeling materials, including items used for bar coding, paper for invoicing and packing slip information, and adhesive plastic folders used to hold the items mentioned.

45 IAC 2.2-5-10[(j)], in relevant part, states:  Machinery, tools, and equipment used in managerial sales, research and development or other nonoperational activities are not directly used in processing or refining and, therefore, are subject to tax. This category includes, but is not limited to machinery, tools, and equipment used in any of the following activities: management and administration; selling and marketing; exhibition of manufactured or processed products; safety or fire prevention, equipment which is not essential and integral to the production process; space heating; ventilation and cooling for general temperature control; illumination; heating equipment for general temperature control; and shipping and loading.
…

While the labeling materials may be considered essential to the conduct of Taxpayer's business because their use is required by practical necessity, but they do not have an immediate effect upon the tangible personal property being processed. The labeling materials thus were used for managerial purpose, i.e., inventory control, and/or other nonoperative activities, i.e., shipping. Therefore, the Department is not able to agree that Taxpayer is entitled to an exemption on its purchases of the labeling materials.

Since Taxpayer did not pay sales tax at the time of its purchases, use tax is properly imposed.

http://www.in.gov/legislative/iac/20120229-IR-045120085NRA.xml.pdf

Lafayette Development by Faith Church Raises Question of Property Tax Exemption

From the Lafayette Journal Courier:

"Some West Lafayette City Council members showed reservations Thursday about Faith Church's planned development on Northwestern Avenue north of Lindberg Road.

Eddie VanBogaert pressed Faith Church Pastor Steve Viars on what portion of the planned development will be exempt from property taxes and what portion would pay property taxes.

"At this point, we can't answer the question because the assessor can't answer it for us," Viars responded. "We will fulfill an application with the assessor. But even if we fulfilled the application today, they would not be able to answer the question for us."

Viars said the Faith West development is following the planned development process and will comply with requirements regarding taxable versus tax-exempt space.

West Lafayette City Attorney Eric Burns said the use of the space in the Faith West development will determine what portion is taxable.

But Viars said what portion is taxable will be determined after the project is completed.

Other council members expressed support for the Faith West project. The Area Plan Commission recommended approving the planned development. The final decision lies with the city council."

http://www.jconline.com/apps/pbcs.dll/article?AID=2012203300327

Property Tax Bills for Vanderburgh County Available On-line

From the Evansville Courier Press:

"Property tax bills for Vanderburgh County residents are now available, and residents can view or pay them online, Treasurer Rick Davis announced Thursday.

"People clamor for information about their property tax bills," said Davis. "They want to know how much it's going to be."

The notice comes 43 days before the May 10 deadline, down from 57 days last year because of activity at the state house.

Davis said that he's still glad that people can see what they owe more than a month in advance, giving people time to prepare their budgets.

Physical bills should still hit mailboxes at least 15 days in advance, Davis said.

To view or pay, residents need to visit www.vanderburghtreasurer.org and follow the appropriate links.

Their is a 2.75 percent fee for debit or credit card transactions and a $3 fee for e-check transactions."

http://www.courierpress.com/news/2012/mar/30/vanderburgh-property-taxes-can-be-viewed-paid-onli/

500 Properties up for Tax Sale in Howard County

From the Kokomo Tribune:

"There will be plenty of bargains available starting next week as Howard County conducts a certificate sale in the hopes of returning 455 properties to the tax rolls.

The sale of the properties will be two-fold, with a live auction set for Tuesday and then an online auction from April 5 to 13.

The live auction will start at 10 a.m. in room 338 of the Howard County Administration Center, 220 N. Main St.

A list of the properties available through the certificate sale is on the Howard County website, www.co. howard.in.us, and the SRI Inc. website, www.sri-taxsale.com, the company conducting the sale.

The commissioners have set the price for the parcels at 10 percent of the amount owed or a minimum of $100.

Remaining taxes due are waived as a result of the sale."

http://kokomotribune.com/local/x684078890/Nearly-500-properties-up-for-auction

University Housing Expected to Generate $300,000 in Property Tax for Delaware County

From the Muncie Star Press:

"The BZA unanimously approved the Campus Crest apartment project on 10.5 acres of grass on McGalliard Road between Oakwood Avenue and Scheumann Stadium. City council had rezoned the land earlier.

The complex north of Ball State University will house up to 584 tenants.

Scott Shockley, an attorney representing Campus Crest, estimated the "high-end student housing" project would generate $300,000 a year in property tax revenue for local government."

http://www.thestarpress.com/apps/pbcs.dll/article?AID=2012203300327

Two Day Commissioners' Sale Reaps $3.4 Million for Lake County

From the Northwest Indiana Times:

"Lake County Commissioners made a killing in real estate this week.

Their two-day auction of tax-delinquent properties, which ended late Thursday, racked in almost $3.4 million, Lake County Attorney John Dull said.

Dull praised Don Guernsey, owner of Valparaiso-based Onyx Electronics, for conducting the successful sale of 1,184 parcels of land throughout the county -- more than 20 percent of what was on offer to about 800 real estate speculators who packed the Sydney Garner Auditorium at the Lake County Government.

"Bidding was active and the amount of our sales exceeded our expectations," Dull said.

He said the auctions brought in $2.38 million in sales of property certificates -- tax liens that winning bidders can convert into ownership papers if the previous owners fail within 120 days to redeem their property by paying overdue taxes and fines.

Dull said the county reaped another $1 million from taxpayers who did redeem their properties before the sale began Wednesday.

He added the commissioners were so encouraged by this week that they intend to schedule another tax sale later this summer."


Read more: http://www.nwitimes.com/news/local/lake/lake-county-tax-delinquent-property-auction-takes-in-million/article_1edcb241-be91-59bc-bdfe-eee164194719.html#ixzz1qdoJYdlZ

Thursday, March 29, 2012

Jeffersonville Forced to Cut $3.5 Million from its 2012 Budget

From the News and Tribune:

Jeffersonville will have to cut its 2012 budget by $3.5 million due to state caps on how much it can collect in property taxes.

City officials received word of the mandated cuts Wednesday through a report from the Clark County Auditor’s office. The city budget will rely on $19.3 million in property taxes once cut. As it was passed last year, it relied on $22.8 million in property taxes.
...

One major budget discussion this year for Jeffersonville has been funding overtime for city firefighters. Department Chief Eric Hedrick has suggested hiring four new firefighters in order to ebb the need for overtime but the council has been reluctant to do so, specifically citing these property tax caps.

Considering the need to cut, “[making those hires now] is really going to be tough,” said Dennis Julius, a councilman.

While he admitted that the cut was a large one he said the council is prepared to deal with it.

“It’s big. One thing the council did last year is they put things in the budget expecting the [caps.]”

According to Julius, members of the council have already decided to put together a budget committee to address the issue.

As of yet no committee meetings have been scheduled. However, the full council does have meetings scheduled starting at 5:30 p.m. Monday, April 2, at Jeffersonville City Hall, 500 Quartermaster Court. Those are open to the public.

“I am confident that the administration and the city council will work quickly to resolve the shortfall,” said Harmon. “In this tough economy, municipalities have to tighten their belt just like everyone else.”

http://newsandtribune.com/business/x1560870575/Jeffersonville-to-cut-3-5M-from-budget