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Bill Watch, March 4, 2016: Current Tax Legislation of Note - Taxation News

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Tax News


Posted on: Mar 4, 2016

The IndyBar Legislative Committee is currently monitoring the following tax-related legislation. IndyBar members can request that the Legislative Committee track specific legislation by contacting committee chair Lawren Mills at Lawren.Mills@icemiller.com.

Click here to view the full Bill Watch reports.

HB1068    ASSESSMENT APPEALS. (CULVER W) Provides that, if the county property tax assessment board of appeals (PTABOA) fails to issue a determination concerning a petition to correct errors within 180 days after the petition is filed with the county auditor, the taxpayer may petition the Indiana board of tax review (Indiana board) to correct errors in a final administrative determination. Provides that, if the PTABOA fails to approve or disapprove an exemption application within 180 days after an owner files the exemption application, the owner may petition the Indiana board to approve or disapprove the exemption application. Provides that the Indiana board is authorized to approve or disapprove an exemption application: (1) previously submitted to a PTABOA; and (2) that is not approved or disapproved by the PTABOA within 180 days after the owner filed the application for exemption. Provides that the county assessor is a party to a petition to the Indiana board to approve or disapprove an exemption application.

HB1169    BUSINESS PERSONAL PROPERTY TAX EXEMPTION. (SAUNDERS T) Replaces the requirement that a taxpayer that is eligible for the business personal property tax exemption (exemption) submit to the county assessor a notarized statement each year affirming the taxpayer's eligibility for the exemption, subject to penalties for perjury, with a requirement that the taxpayer indicate on the taxpayer's personal property return that the taxpayer is eligible for the exemption for the assessment date.

HB1215    VARIOUS TAX MATTERS. (CHERRY R) Requires a grant contract between the office of community and rural affairs and the person receiving a grant under the historic preservation and rehabilitation grant program. Replaces a certification that the work substantially complies with the proposed plan with a finding that the plan complies with the program guidelines. Eliminates the deadlines for completing the work. Provides that if the grant applicant is a nonprofit organization facilitating a qualified affordable housing project, the organization does not have to be the owner of the historic property to receive a grant. Urges the legislative council to assign the study of the personal property audit process to the interim study committee on fiscal policy during the 2016 interim. Provides that an enterprise zone expires 11 years (rather than 10 years, under current law) after the day on which it is designated by the board of the Indiana economic development corporation.

HB1273    VARIOUS PROPERTY TAX MATTERS. (LEONARD D) Requires assessing officials to maintain geographic information system characteristics of real property parcels and to transmit that data annually to the geographic information office of the office of technology. Provides that personal property is exempt from property taxation if it is owned by a homeowners association and is held by the homeowners association for the use, benefit, or enjoyment of members of the homeowners association. Provides that a county auditor may accept a deduction application for a property tax abatement deduction only if the designating body has specified an abatement schedule for the deduction. Prohibits a taxing unit from transferring property tax receipts to the property tax assessment appeals fund if the property tax receipts are: (1) held in a debt service fund; or (2) treated as levy excess. Removes phrasing to emphasize that a political subdivision may not base an excess levy appeal on normal population growth. Removes obsolete provisions concerning excess levy appeals by political subdivisions. Modifies certain responsibilities of the division of data analysis of the department of local government finance. Provides that the department of local government finance may cancel any delinquencies, fees, special assessments, and penalties, in addition to property taxes, that are owed on property that is owned by the state, a county, a city, a town, a township, or a locally established port authority. Limits the period during which a county auditor may act on information that a taxpayer is ineligible for a standard property tax deduction. Authorizes the fiscal body of a township that is located next to certain counties or townships to pass a resolution to place on the ballot a local public question on whether the fiscal body of the eligible county should be required to fund and carry out a public transportation project in the township. Provides that if a public question regarding public transportation projects is defeated in a township, the fiscal body of the township may adopt a resolution to place another such public question on the ballot at a subsequent general election in the township, but specifies that such a public question may not be placed on the ballot in the township more than two times in any seven year period. Specifies the conditions under which a county fiscal body may impose an additional tax rate on county taxpayers who reside in a township that approves a local public question. Authorizes the provider unit in a fire protection territory to negotiate for and hold debt for the equipment replacement fund of a fire protection territory. Authorizes a participating unit in a fire protection territory to acquire fire protection equipment or other property and make the property available to the provider unit. Specifies the adjustments to the maximum permissible levy for a unit that ceases participation in a fire protection territory. Specifies the minimum number of taxpayers that must object to the imposition or increase of a tax rate for an equipment replacement fund of a fire protection territory. Authorizes a library to issue library cards at no charge to college students who attend a college in the library district. Requires a library to prorate the cost of a library card that is valid for less than one year. Allows a nonprofit entity that missed the applicable deadlines to claim the property tax exemptions to which it would otherwise have been entitled to submit the necessary paperwork to claim the exemptions. Repeals a provision authorizing a county fiscal body to adopt an ordinance to allow local agencies to require a person applying for a property tax exemption, a property tax deduction, a zoning change or zoning variance, a building permit, or any other locally issued license or permit to submit a uniform property tax disclosure form with the person's application for the property tax exemption, property tax deduction, zoning change or zoning variance, building permit, or other locally issued license or permit.

SB87    MULTIPLE COUNTY PTABOAS. (KENLEY L) Provides that the legislative bodies of two or more counties may adopt substantially similar ordinances to establish a multiple county property tax assessment board of appeals (PTABOA). Provides that a multiple county PTABOA must consist of either of the following number of members: (1) Three members, not more than two of whom may be from the same political party. (2) Five members, not more than three of whom may be from the same political party. Provides that the fiscal bodies of the counties that establish a multiple county PTABOA must adopt substantially similar ordinances to appoint the members of the multiple county PTABOA. Provides that the compensation of members of a multiple county PTABOA shall be determined jointly by the fiscal bodies of the participating counties. Requires the assessor's office for the county with the greatest population in a multiple county PTABOA to provide administrative support to the board. Makes conforming amendments.

SB304    PROPERTY TAX MATTERS. (KENLEY L) For the January 1, 2017, assessment date, increases the assessed value limit for the property tax deduction for certain veterans with a disability from $143,160 to $175,000. Provides that an individual may claim a deduction from the assessed value of the individual's homestead if: (1) the individual served in the military or naval forces of the United States; (2) the individual received an honorable discharge; (3) the individual has a disability of at least 50%; (4) the individual's disability is evidenced by a pension certificate or an award of compensation issued by the United States Department of Veterans Affairs or by a certificate of eligibility issued to the individual by the Indiana department of veterans' affairs; and (5) the homestead was conveyed without charge to the individual who is the owner of the homestead by an organization that is exempt from income taxation under the federal Internal Revenue Code. Specifies that a property continues to qualify as a homestead if the property is leased while the owner is away from Indiana serving on active duty in the armed forces, if the individual has lived at the property at any time during the past 10 years. (Current law specifies that a property ceases to qualify as a homestead if the property is leased while such an individual is away from Indiana.)

SB308    VARIOUS TAX MATTERS. (HERSHMAN B) Specifies that the agricultural land base rate is $2,050 for the January 1, 2016, assessment date. Provides that after 2016, the agricultural land base rate is the lesser of the formula base rate or the previous year base rate increased by 1%. Requires the department of local government finance (DLGF) when calculating the rolling average to use the six most recent years preceding the year in which the assessment date occurs for which data is available (before the highest of those six years is eliminated).Specifies that the soil productivity factors used for the March 1, 2011, assessment date shall be used for the January 1, 2016, assessment date and thereafter. (Under current law, new soil productivity factors are to be used for assessment dates occurring after March 1, 2015.) Repeals provisions enacted in 2015 concerning the assessment of: (1) certain limited market or special purpose property; and (2) commercial nonincome producing real property. Provides that in addition to the factors under current law, the DLGF shall also provide for the classification of improvements on the basis of market segmentation for certain properties. Provides that true tax value shall be determined under the rules of the DLGF (subject to the provisions of the property tax article), and that the DLGF's rules may include examples to illustrate true tax value. Specifies that true tax value does not mean the value of the property to the user. Increases the assessed value per acre of classified forest land, classified windbreaks, and classified filter strips from $1 per acre to $13.29 per acre for the January 1, 2017, assessment date. For assessment dates after January 1, 2017, increases the assessed value by the annual percentage change in the consumer price index. Adds certain types of property to the exemption for property used for public airport purposes. Permits a heritage barn to be used for business or agricultural purposes and remain exempt from property taxes. Provides that when a property taxpayer reduces or eliminates employment at an Indiana location that becomes subject to the Federal Worker Adjustment and Retraining Notification Act (WARN Act), any property tax incentive received by the taxpayer must be cancelled and that the past savings realized by the property taxpayer must be paid back. Authorizes a county fiscal body to adopt an ordinance to capture taxes from all taxing units in a taxing district when there is an appeal that is uncommon and infrequent. Specifies that such a taxing unit may not include these captured taxes as part of an appeal for a shortfall levy increase. Provides an exemption from the maximum property tax levy limits for municipalities having a population of at least 20,000 if the municipality experiences growth in assessed value and population. Urges a study of the topic of allowing an exemption from the maximum levy limits for growing municipalities by the interim study committee on fiscal policy. Permits the fiscal body of Howard Township in Washington County to adopt a resolution to authorize the township executive to request that the department of local government finance (DLGF) increase the township's maximum permissible property tax levy for 2017 and thereafter. Requires the DLGF to increase the maximum levy by 10%. Specifies that if a corporation reduces or eliminates employment at an Indiana location that becomes subject to the Federal Worker Adjustment and Retraining Notification Act (WARN Act), the corporation's state income tax rate is fixed at the rate in effect at that time and that any scheduled rate reductions after that date do not apply. Permits a county fiscal body to impose a local income tax (LIT) rate for a public safety emergency assistance answering point that is part of the statewide 911 system (PSAP) if the adopting body in the county is the LIT council and the LIT council has not allocated the revenue from an expenditure rate of at least 0.1% to a PSAP in the county. Specifies that the rate may not exceed 0.1%. Specifies that the revenue generated by the rate is to be paid only to the county unit and used only for a PSAP. Allows a county to use excess reserves in its prisoner reimbursement fund for the costs of care, maintenance, and housing of prisoners, including the cost of housing prisoners in the facilities of another county. Expires under the tax increment financing law the downtown Indianapolis consolidated allocation area on January 1, 2051. Provides certain property taxpayers a right to file for a property tax exemption if the property would have qualified for the exemption if an exemption application had been timely filed.

SB309    STATE AND LOCAL TAXATION. (HERSHMAN B) Eliminates the property tax deduction for residential rehabilitation of a dwelling. Eliminates the property tax deduction for rehabilitation of a structure over 50 years old. Restricts but does not eliminate the exemption for property taxes for improvements on real property that are constructed, rehabilitated, or acquired for the purpose of providing low income housing. Provides that the state use tax is imposed on a contractor's conversion of construction material into real property if that construction material was purchased by the contractor. Specifies, however, that the use tax does not apply to conversions of construction material if: (1) the sales or use tax has been previously imposed on the contractor's acquisition or use of that construction material; (2) the person for whom the construction material is being converted could have purchased the construction material exempt from the sales and use tax (as evidenced by an exemption certificate) if that person had directly purchased the material from a retail merchant in a retail transaction; or (3) the conversion of the construction material into real property is governed by a time and material contract. Provides that a contractor is a retail merchant making a retail transaction when the contractor disposes of tangible personal property or converts tangible personal property into real property under a time and material contract. Updates the definition of the Internal Revenue Code to incorporate changes made by Congress through January 1, 2016. Provides that for taxable years beginning after December 31, 2017, a taxpayer may claim the $1,500 additional dependent deduction for a dependent child for whom the taxpayer is the legal guardian. Provides that the state income tax credit for certain acute care hospitals for part of the property taxes paid by the hospital may be carried forward if the hospital cannot use the entire credit because of the taxpayer's income tax liability for that taxable year. Repeals that the state sales tax exemption for the cutting of steel bars into billets after 2016. Provides that the exemption applies retroactively to transactions occurring from 2010 through 2015, but a taxpayer is not entitled to a refund of state sales taxes paid on those transactions. Sets forth criteria for determining the date on which a taxpayer has made a contribution to a 529 plan. Provides that if an ordinance has been adopted requiring the payment of innkeeper's tax to the county treasurer instead of the department, the county treasurer has the same rights and powers with respect to refunding the innkeeper's tax as the department. Provides that if a partnership, a trust, or an estate fails to withhold and pay any amount of tax required to be withheld and thereafter the tax is paid by the partners of the partnership (or the beneficiaries in the case of a trust or estate), the amount of tax paid by partners (or the beneficiaries in the case of a trust or estate) may not be collected from the partnership, trust, or estate. Specifies that the partnership, trust, or estate remains liable for interest or penalty based on the failure to withhold the tax. Provides that if the department issues to a person a demand notice for the payment of a tax, the person has 20 days (rather than 10 days, under current law) to either pay the amount demanded or show reasonable cause for not paying the amount demanded. Provides that a public-private agreement for communications systems infrastructure may be entered into using the procedures that apply to requests for proposals by the Indiana finance authority (IFA) or using a request for information and entering into negotiations with a single offeror. Provides that the IFA may set user fees as part of the public-private agreement. Specifies that any improvements on any real property interests may be owned by the IFA, a governmental entity, an operator, or a private entity instead of having to be owned in the name of the state or by a governmental entity. Provides that local planning and zoning laws do not restrict or regulate the exercise of the power of eminent domain by the IFA or the use of property owned or occupied by the IFA. Provides that an initial award from the safety PIN (protecting Indiana's newborns) grant fund may be up to 60% of the total approved grant amount. Provides that money in the fund does not revert to the state general fund at the end of a state fiscal year. Provides that for the renewal of a permit to practice accountancy the applicant must submit the results of the firm's most recently accepted peer review to the board either directly or through the administering entity. Requires the Indiana board of accountancy to submit a report to the legislative council with any statutory changes recommended by the board. Directs the auditor of state, as administrator of the state employees' deferred compensation plan (Hoosier S.T.A.R.T.), to: (1) study the issues involved with the development of a multiple employer plan for private sector employers located in Indiana; and (2) report to the budget committee and the legislative council not later than December 31, 2016. Makes technical corrections.

SB323    LEGISLATIVE STUDIES. (HERSHMAN B) Requires the legislative services agency to: (1) study the combined reporting approach to apportioning income and transfer pricing for income tax purposes; and (2) report the results of the study before October 1, 2016, to the legislative council and to the interim study committee on fiscal policy. Requires the interim study committee on fiscal policy to hold at least one public hearing at which the legislative services agency presents the results of the study. Urges the legislative council to assign an interim study committee certain study topics related to gaming and . Urges the legislative council to assign the topic of federal requirements for home and community based settings to the interim study committee on fiscal policy.

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