Bill Text: IN SB0218 | 2010 | Regular Session | Introduced
Bill Title: Recovery of local property tax incentives.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-01-11 - First reading: referred to Committee on Tax and Fiscal Policy [SB0218 Detail]
Download: Indiana-2010-SB0218-Introduced.html
Citations Affected: IC 6-1.1-12.1-16.
Synopsis: Recovery of local property tax incentives. Requires a
property owner to pay back all or part of the property taxes saved by
the property owner as a result of the property tax deduction for
rehabilitating or redeveloping real property if the property owner
ceases operations during the deduction period or fails to employ the
number of individuals the property owner estimated in the application
for the deduction. Provides that the methodology for determining the
amount to be paid back must be set forth in the resolution approving
the deduction. Provides that each affected taxing unit receives a pro
rata share of the amount paid back.
Effective: July 1, 2010.
January 11, 2010, read first time and referred to Committee on Tax and Fiscal Policy.
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A BILL FOR AN ACT to amend the Indiana Code concerning local
government.
(b) If the property owner (or, in the case of a deduction under section 4.8 of this chapter, the property owner or a tenant of the property owner):
(1) ceases operations at the facility for which the deduction was granted; or
(2) does not employ the number of individuals that were estimated to be employed under section 3 of this chapter;
the designating body may adopt a resolution requiring the property owner to pay back property taxes saved by the property owner as a result of the deduction in the amount determined using
the methodology set forth in the resolution. The designating body
shall provide the property owner with a written copy of the
resolution by certified mail. The property owner shall pay to the
county treasurer the amount set forth in the resolution. The
payment shall be made not later than sixty (60) days after the date
of the designating body's resolution.
(c) A property owner may appeal the designating body's
decision under subsection (b) by filing a complaint in the office of
the clerk of the circuit or superior court together with a bond
conditioned to pay the costs of the appeal if the appeal is
determined against the property owner. The complaint must be
filed not later than thirty (30) days after the date of the certified
mailing of the designating body's resolution. An appeal under this
subsection shall be promptly heard by the court without a jury and
determined not more than thirty (30) days after the time of the
filing of the appeal. The court shall hear evidence on the appeal
and may confirm the action of the designating body or sustain the
appeal. The judgment of the court may be appealed in the same
manner as other civil actions.
(d) If an appeal under subsection (c) is pending, the payment
required by this section is not due until after the appeal is finally
adjudicated and the property owner's liability for the payment is
finally determined.
(e) The designating body shall in the resolution approving a
deduction under section 3, 4.5, 4.6, or 4.8 of this chapter set forth
the methodology that will be used to determine the amount of
property taxes that may have to be paid back by a property owner
under this section if:
(1) the property owner ceases operations, as described in
subsection (b)(1); or
(2) the property owner does not employ the number of
individuals that were estimated to be employed, as described
in subsection (b)(2).
(f) The county auditor shall determine the allocation amount for
each taxing unit that contains property for which property taxes
were paid back by the property's owner under this section using
the same allocation amount as that used for distributing property
taxes for each year the deduction was taken. The county treasurer
shall distribute money paid under this section on a pro rata basis
to the general fund of each taxing unit that contains the property
for which property taxes were paid back by the property's owner
under this section using the allocation amounts determined by the
county auditor.
