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Bill Watch, May 2, 2019: Current Tax Law Legislation of Note - Taxation News

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Tax News


Posted on: May 2, 2019

The IndyBar Legislative Committee is currently monitoring the following tax law related legislation. IndyBar members can request that the Legislative Committee track specific legislation by contacting committee chair Mindy Westrick at mindy.westrick@faegrebd.com.

Click here to view the full Bill Watch reports.

HB1056    PROPERTY TAX DEDUCTION APPEALS. (MANNING E) Changes the process concerning a taxpayer's appeal of an error related to the approval, denial, or omission of a deduction concerning real property or a mobile home. Requires the county assessor to notify the county auditor when an appeal regarding the approval, denial, or omission of a deduction concerning real property or a mobile home is filed with the county assessor. Provides that the county auditor is the party representing the county before the county property tax assessment board of appeals and any appeal of the board's decision in an appeal related to the approval, denial, or omission of a deduction concerning real property or a mobile home. Authorizes the county auditor to use the ineligible homestead fund to pay the costs of defending an appeal related to the approval, denial, or omission of a deduction concerning real property or a mobile home.

SB179    ENTERTAINMENT. (ALTING R) Amends the definition of "entertainment" for purposes of alcohol regulation to include meals and entertainment that were deductible as business expenses before the enactment of the federal Tax Cuts and Jobs Act of 2017.

SB233    BUSINESS PERSONAL PROPERTY TAX EXEMPTION. (FREEMAN A) Increases, from $20,000 to $40,000, the acquisition cost threshold for the business personal property tax exemption. Specifies that a taxpayer who is eligible for a personal property tax exemption must include on the taxpayer's personal property tax return: (1) information concerning whether the taxpayer's business personal property within the county is in one location or multiple locations; and (2) an address for the location of the property. Provides that the appropriate county officer designated by the county executive (rather than the assessor, under current law) is responsible for: (1) maintaining data files of the geographic information system characteristics of each parcel in the county as of each assessment date; and (2) submitting those files to the geographic information office of the office of technology. Repeals provisions in current law that allow a county council to impose a local service fee on each person that has exempt business personal property because the business personal property does not exceed the acquisition threshold. Repeals provisions in current law that impose a $25 penalty for failure to timely indicate on a taxpayer's personal property tax return that the taxpayer's business personal property is exempt. Removes outdated provisions.

SB582    CLAIMS CONCERNING USER FEES. (CHARBONNEAU E) Defines the term "user fee" as a fee, rate, or charge imposed by a political subdivision: (1) that represents a just, reasonable, and proportionate approximation of the use or privilege for use of a service, the benefit conferred by the use or privilege for use of a service, and the costs incurred by a political subdivision for providing the service or availability of the service; and (2) that is not excessive in relation to the costs incurred for providing the service. Provides that, in a taxpayer's appeal of a property tax assessment, a taxpayer may not raise any claim related to the legality or constitutionality of: (1) a user fee; (2) any other charge, fee, or rate imposed by a political subdivision; or (3) any tax imposed by a political subdivision other than a property tax. Provides that: (1) all circuit courts; (2) all standard superior courts; and (3) all superior courts that are not standard superior courts; have original and concurrent jurisdiction over claims concerning user fees. Makes a technical correction.

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