Bill Text: IN SB0215 | 2012 | Regular Session | Amended
Bill Title: Property tax exemption.
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Engrossed - Dead) 2012-02-16 - Representative Kersey added as cosponsor [SB0215 Detail]
Download: Indiana-2012-SB0215-Amended.html
Citations Affected: Noncode.
Synopsis: Property tax exemption. Permits a nonprofit corporation
serving the homeless that received a property tax exemption for the
2007, 2010, and 2011 assessment dates to file a late property tax
exemption application for the 2008 and 2009 assessment dates.
Effective: May 1, 2012.
January 4, 2012, read first time and referred to Committee on Appropriations.
January 17, 2012, amended, reported favorably _ Do Pass.
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
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A BILL FOR AN ACT concerning taxation.
(b) This SECTION applies to an assessment date (as defined in IC 6-1.1-1-2) occurring in 2008 through 2009.
(c) This SECTION applies only to a taxpayer that is an Indiana nonprofit corporation that serves the homeless and to land and improvements that meet all of the following conditions:
(1) The corporation leased land and improvements that served as a homeless shelter that met the physical, emotional, academic, and spiritual needs of children, teens, adults, and families during 2008 through 2009. The corporation timely filed an application under IC 6-1.1-11 for a property tax exemption for the land and improvements and received an exemption from property taxes for the 2007, 2010, and 2011 assessment dates for the land and improvements.
(2) The corporation did not timely file an application under IC 6-1.1-11 for a property tax exemption for the land and
improvements described in subdivision (1) for the 2008
through 2009 assessment dates, and as a result the
corporation's land and improvements referred to in
subdivision (1) were assessed and subject to property taxation
for the 2008 through 2009 assessment dates.
(3) For the 2008 through 2009 assessment dates, the land and
improvements described in subdivision (1) would have been
eligible for a property tax exemption if the corporation had
filed an exemption application under IC 6-1.1-11.
A taxpayer described in this subsection may, before July 1, 2012,
file with the county assessor an application for property tax
exemption for the land and improvements described in subdivision
(1) for the 2008 through 2009 assessment dates.
(d) If the taxpayer demonstrates in the application filed under
subsection (c) that the property that is the subject of the exemption
application would have qualified for an exemption under
IC 6-1.1-10-16 as owned, occupied, and used for an educational or
charitable purpose if the application had been filed under
IC 6-1.1-11 in a timely manner, the taxpayer is entitled to the
exemptions from real property taxes or personal property taxes, or
both, as claimed on the property tax exemption applications filed
by the taxpayer under subsection (c) and shall pay no property
taxes, penalties, or interest with respect to the exempt property.
(e) For a taxpayer's property to be exempt under this
SECTION, the taxpayer must have received for the 2007, 2010, and
2011 assessment dates an exemption from property taxes for
property identified by the same parcel or key numbers or the same
parcel and key numbers included on the property tax exemption
applications filed by the taxpayer for those assessment dates.
(f) An application for property tax exemption that is filed under
subsection (c) is considered to be timely filed for the 2008 through
2009 assessment dates, and the county assessor shall forward the
application to the county property tax assessment board of appeals
for review. The board shall grant an exemption claimed for the
2008 through 2009 assessment dates if the board determines that:
(1) the corporation's application for property tax exemption
satisfies the requirements of this SECTION; and
(2) the corporation's land and improvements were, except for
the failure to timely file a property tax exemption application,
otherwise eligible for the claimed exemption for the 2008
through 2009 assessment dates.
(g) If the exemption is granted under this SECTION, the county
shall issue a refund to the corporation for all taxes paid for the
2008 and 2009 assessment dates with respect to the exempt
property. The county may pay the refund to the taxpayer over a
two (2) year period from the date the county determines that the
property qualifies for the exemption.
(h) This SECTION expires January 1, 2013.
