Indiana Tax Reporter: Continuing Review of Bills Filed for the 2013 ...

DIGEST OF INTRODUCED BILL Notice and procedural requirements. Specifies when a published notice is considered to be in substantial compliance with a statutory time requirement. Requires the department of local government finance (DLGF) to correct certain errors made at the local level as long as a reasonable person would not be misled by the error. Allows the DLGF to order a correction of the error and the appropriate procedures for correcting the error if a reasonable person would be misled by the error.

DIGEST OF INTRODUCED BILL Property taxes. Permits the department of local government finance, with the approval of the attorney general, to compromise the amount of property taxes imposed on: (1) a nonprofit corporation organized for educational, literary, scientific, religious, or charitable purposes; or (2) any other entity organized as a church or religious entity. Prescribes the requirements that must be met before a taxpayer's property tax liability may be compromised.

DIGEST OF INTRODUCED BILL Inheritance tax. Provides that the inheritance tax does not apply to property interests transferred by decedents whose deaths occur after December 31, 2012. Specifies that certain definitions apply after the elimination of the inheritance tax for purposes of the Indiana estate tax and the Indiana generation-skipping transfer tax. Provides that a county is not entitled to an inheritance tax replacement amount after December 31, 2013.

DIGEST OF INTRODUCED BILL Tax deduction for certain public safety providers. Provides to an individual an adjusted gross income tax deduction equal to the lesser of: (1) the amount of income received by an individual for service as a volunteer firefighter, a police reserve officer, or a member of the Indiana guard reserve; or (2) $2,000.

DIGEST OF INTRODUCED BILL Use of TIF proceeds for public safety. Provides that a redevelopment commission outside Marion County may use tax increment finance (TIF) proceeds to pay expenses related to public safety or to make transfers of revenue to assist a county or municipality in paying such expenses, if the redevelopment commission by resolution makes a determination that paying the expenses or transferring the revenue will enhance economic development opportunities.

DIGEST OF INTRODUCED BILL Lake County municipal taxes. Provides that a municipality in Lake County may adopt an ordinance to impose a tax of the municipality's own design during the period beginning July 1, 2013, and ending September 30, 2013.

DIGEST OF INTRODUCED BILL Levy limits. Adjusts the maximum permissible ad valorem property tax levy limit of a civil taxing unit to restore the amount of unused maximum permissible ad valorem property tax levy that the civil tax unit would have if no changes in the definition of "maximum permissible ad valorem property tax levy for the preceding calendar year" had been enacted after calendar year 2004.

DIGEST OF INTRODUCED BILL Property taxes in a covered county. Permits: (1) the current owner of a homestead in LaPorte County or another covered county to receive the deductions and credits that the current owner is eligible to receive for a current assessment date for all assessment dates for which delayed property taxes are due; and (2) the department of local government finance to authorize a delay in the payment of tax bills imposed for the March 1, 2012, or January 15, 2013, assessment date in LaPorte County or another covered county.

DIGEST OF INTRODUCED BILL Maximum property tax levies in Lake County. Eliminates a restriction requiring civil taxing units in Lake County to use an assessed value growth quotient of one to determine the maximum permissible property tax levy in the unit in any year that a local income tax for property tax relief is not in effect in the county.

DIGEST OF INTRODUCED BILL Deduction for military retirement pension income. Phases in a deduction for military retirement pension income from the adjusted gross income tax. Provides that an individual who claims a deduction for military retirement pension income may not claim the income tax deduction generally allowed for military income.

DIGEST OF INTRODUCED BILL Military income tax deduction. Phases in an increase of the military income tax deduction from $5,000 to $7,000. Removes the minimum age requirement for an individual to deduct income received as retirement or survivor's benefits.

DIGEST OF INTRODUCED BILL Economic development in Delaware County. Eliminates the aggregate limit of $2,000,000 per state fiscal year on distributions of adjusted gross income tax revenue and sales tax revenue to community revitalization enhancement districts located in Delaware County.

DIGEST OF INTRODUCED BILL Local income tax laws. Replaces the county adjusted gross income tax, the county option income tax, and the county economic development tax with local income tax law. Provides for the introduction of legislation in the 2014 session to make related amendments to implement the local income tax.

DIGEST OF INTRODUCED BILL Highway funding. Increases the amount of gasoline taxes paid to local governments and the department of transportation. Provides that gasoline taxes, special fuel taxes, and motor carrier fuel taxes deposited in the motor vehicle highway account (MVHA) may not be used to pay any part of the operating expenses of the bureau of motor vehicles (BMV). Removes the requirement that one-half of the amount appropriated for the state police department be deducted from the MVHA fund before making the statutory allocation to cities, towns, counties, and the department of transportation. Provides that the amount of money that the BMV may receive from the MVHA in a state fiscal year may not exceed the amount of fees collected by the BMV and deposited in the MVHA in that state fiscal year.

DIGEST OF INTRODUCED BILL Local government reorganization. Provides that in the case of a governmental reorganization involving municipalities and townships that are participating units in a fire protection territory on the date the reorganization is approved by voters, the fiscal body of the reorganized political subdivision may establish an equipment replacement fund and impose a property tax for the fund in the same manner as participating units in a fire protection territory may do so. Specifies that if such a reorganized political subdivision establishes an equipment replacement fund, the department of local government finance (DLGF) may adjust the maximum property tax levy that would otherwise apply to the reorganized political subdivision in the same manner as the DLGF may adjust the maximum property tax levy of a civil taxing unit to meet the civil taxing unit's obligations to a fire protection territory.

DIGEST OF INTRODUCED BILL Gasoline tax. Increases the gasoline tax rate by $0.02 per gallon (from $0.18 to $0.20 per gallon) for gasoline with an octane number greater than 87. Allocates the revenue attributable to the $0.02 rate increase to the repair of bridges by the state (50%) and local government (50%) based on those repairs that address safety concerns that have the highest priority using the most recent bridge inspection report for each bridge.

DIGEST OF INTRODUCED BILL Taxation of civil service annuities. Provides that the maximum state income tax deduction for federal civil service annuity income is equal to the lesser of: (1) the amount of federal civil service annuity income received during the taxable year; or (2) the average annual federal Social Security retirement benefit paid to Indiana retired workers during the calendar year preceding the taxpayer's taxable year. Retains the provision that reduces the deduction by the amount of any federal Social Security and railroad retirement benefits received by the taxpayer during the taxable year. Provides that the deduction is also available to a surviving spouse.

DIGEST OF INTRODUCED BILL Apportionment of broadcaster income. Provides that, for purposes of the statute specifying the amount of income attributable to Indiana for income tax purposes, sales of a broadcaster that arise from or relate to the broadcast or other distribution of film or radio programming by any means are in Indiana if the commercial domicile of the broadcaster's customer is in Indiana.

DIGEST OF INTRODUCED BILL Annexation. Provides that in determining a municipality's levy limits for a particular ensuing calendar year, the cap on increased assessed value applies to all annexations of a municipality occurring in the particular ensuing calendar year. Provides that, after June 30, 2013, an annexation may be defeated without showing at the hearing that: (1) at least 65% of the owners of land in the annexation territory continue to oppose the annexation; or (2) the owners of more than 75% in assessed valuation of the land in the annexation territory continue to oppose the annexation. Provides that after June 30, 2013, in an annexation in which 80% of the boundary of the annexation territory is contiguous to the municipality and the territory consists of not more than 100 parcels, an annexation may be defeated without showing at the hearing that at least 75% of the owners of land in the annexation territory continue to oppose the annexation.

DIGEST OF INTRODUCED BILL Collection of amounts owed to local units. Requires the department of state revenue to establish a pilot collection program (pilot program) allowing up to 10 cities, towns, counties, or townships to participate in a program assigning to the department the collection of judgments and delinquent assessments due to those local units of government. Provides that a delinquent assessment is any amount due and payable to a local unit that has remained unpaid for at least 30 days. Permits the department to carry out the pilot program by: (1) enforcing judgment warrants by levying against property or garnishing earnings; (2) using the data match system that the department operates with each Indiana financial institution; and (3) employing special counsel or contracting with a collection agency. Provides that in contracting with collection agencies, the department shall give a preference to collection agencies that meet certain criteria. Establishes procedures for issuance of demand notices and warrants. Provides that a warrant becomes a judgment when recorded by the circuit court clerk. Provides for various fees to be assessed by the department with respect to the collection process. Permits the department to disclose all information relating to a judgment warrant subject to collection under the pilot program to a local unit of government participating in the program.

DIGEST OF INTRODUCED BILL Funding public safety answering points. Authorizes the fiscal bodies of a county and another political subdivision that are parties to a contract under which the county has assumed the responsibility of operating a public safety answering point to jointly petition the department of local government finance to adjust the maximum permissible ad valorem property tax levies of the respective units. Provides that in a county that operates a public safety answering point, an additional county economic development income tax rate of 0.1% may be imposed to pay expenses incurred by the county to operate the public safety answering point.

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DIGEST OF INTRODUCED BILL

Supermajority requirement for tax increases. Provides that a bill to increase state taxes or impose a new state tax may not become law unless: (1) the bill is approved by a two-thirds majority vote in each house of the general assembly; or (2) the tax increase or new tax is approved in a statewide referendum. This proposed amendment has not been previously agreed to by a general assembly. ?

Source: http://indianapropertytaxreporter.blogspot.com/2013/01/continuing-review-of-bills-filed-for.html

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