February 5, 2013



SENATE BILL No. 275

_____


DIGEST OF SB 275 (Updated January 31, 2013 10:54 am - DI 58)



Citations Affected: IC 6-1.1.

Synopsis: Property tax installment payments. Allows any person who does not pay property taxes through an escrow account maintained by the person's mortgagee to pay the person's property taxes using a monthly payment plan (under current law it is a county option to allow monthly payments). Requires the department of local government finance (DLGF) to prescribe a standard form that can be used by a taxpayer and requires each county treasurer and the DLGF to make a printable version of the form available on the Internet. Requires DLGF to adopt rules to establish a uniform system.

Effective: December 1, 2013.



Miller Patricia


    January 8, 2013, read first time and referred to Committee on Appropriations.
    February 4, 2013, amended, reported favorably _ Do Pass.



February 5, 2013

First Regular Session 118th General Assembly (2013)


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 this style type.
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.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts between statutes enacted by the 2012 Regular Session of the General Assembly.

SENATE BILL No. 275


    A BILL FOR AN ACT to amend the Indiana Code concerning taxation.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 6-1.1-22-9.7; (13)SB0275.1.1. -->     SECTION 1. IC 6-1.1-22-9.7, AS AMENDED BY P.L.120-2012, SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE DECEMBER 1, 2013]: Sec. 9.7. (a) As used in this section, "current year" refers to the calendar year in which property taxes are first due and payable and are subject to payment during the twelve (12) month payment period under specified by this section.
    (b) As used in this section, "monthly payment plan" means a plan that
        (1) is adopted under this section; and
        (2) provides for the monthly payment of tax liability either by:
        (A) (1) an automatic monthly deduction during the payment period from an account of the taxpayer that is held by a financial institution; or
        (B) (2) the taxpayer making payments on a monthly basis during the payment period either by written instrument or electronically, or both.
    (c) As used in this section, "payment period" means the months

designated under this section during which monthly payments may be made. The period may not exceed twelve (12) months and may not begin before beginning December 1 of the preceding year or end after November 30 and ending November 28 of the current year.
    (d) As used in this section, "preceding year" refers to the calendar year that immediately precedes the current year.
    (e) As used in this section, "tax liability" includes liability for special assessments and refers to liability for property taxes after the application of all allowed deductions and credits.
    (f) The county fiscal body (as defined in IC 36-1-2-6) may at any time adopt an ordinance to allow After November 30, 2013, all county taxpayers may elect to pay one (1) or more installments of property taxes by making payments under a monthly payment plan during a designated payment period. A taxpayer may elect to make monthly payments by either either automatic monthly deductions or making monthly payments:
        (1) by written instrument or electronically; or
        (2) by both written instrument and electronically.
A taxpayer may choose the monthly payment date. However, the taxpayer may not choose the twenty-ninth, thirtieth, or thirty-first day of a month as a payment date. A taxpayer may terminate the taxpayer's monthly payment plan. A taxpayer who was using a monthly payment plan under this section for 2012 may continue using a monthly payment plan without filing a new election.
    (g) An ordinance adopted under subsection (f):
        (1) may apply to more than one (1) calendar year; and
        (2) must include at least the following:
            (A) Identification of the property tax installment or installments and designation of the months of the payment period for which payment under a monthly payment plan is authorized.
            (B) Provisions for notice to county taxpayers of the option to pay one (1) or more property tax installments under a monthly payment plan.
            (C) Authority for the county treasurer to make available to county taxpayers a form to be completed by a taxpayer and submitted to the county treasurer to:
     (g) The department of local government finance shall prescribe the form that must be completed by a taxpayer and submitted to the county treasurer to elect one (1) of the monthly payment options under subsection (f) or to terminate a monthly payment plan. Each county treasurer shall make available to county

taxpayers a printable version of the form on the county treasurer's Internet web site. In addition, the department of local government finance shall make a printable version of the form available on the department's Internet web site. The form must provide for a taxpayer that elects the automatic monthly deduction option a place for the taxpayer to:
        (i) (1) direct the county treasurer to accept payment of the taxpayer's property taxes by automatic monthly deduction during the payment period from an account of the taxpayer that is held by a financial institution; and
        (ii) (2) authorize the financial institution that holds the taxpayer's account to deduct monthly during the designated payment period the appropriate amount from the account and to pay that amount to the county treasurer. or
        However, this clause applies only if the county fiscal body has adopted an ordinance under this section to allow taxpayers to pay property taxes by automatic monthly deductions during the designated payment period from an account of the taxpayer that is held by a financial institution.
        (D) Authority for the county treasurer to accept payment of the taxpayer's property taxes on a monthly basis during the designated payment period either by written instrument or electronically. However, this clause applies only if the county fiscal body has adopted an ordinance under this section to allow taxpayers to pay property taxes on a monthly basis during the designated payment period either by written instrument or electronically.
An ordinance adopted under subsection (f) may include a provision authorizing taxpayers to make monthly payments in an amount determined by the taxpayer that is different from the amount otherwise determined by the county treasurer under subsection (i), (j), (k), or (l).
    (h) If an ordinance is adopted under subsection (f) to allow taxpayers a taxpayer elects to pay property taxes by automatic monthly deductions during the designated payment period from an account of the taxpayer that is held by a financial institution, the county treasurer shall provide to each county the taxpayer that submits to the county treasurer the form referred to in subsection (g)(2)(C) a statement that includes at least the following:
        (1) The amount to be deducted monthly from the taxpayer's account.
        (2) The designated payment period and identification of the day each month as chosen by the taxpayer when the deduction will be made.

        (3) A calculation of the amount to be deducted.
        (4) An explanation of the manner in which property taxes for the current year will be reconciled under subsection (o) and notice that any property tax payments for the current year made by the taxpayer by means other than automatic deduction from the taxpayer's account will be taken into account in the reconciliation.
        (5) An explanation of the penalties that apply if there are insufficient funds in the taxpayer's account to cover one (1) or more automatic deductions.
    (i) This subsection applies only if the county treasurer determines that at the time the calculation under subsection (h)(3) is made the amount of tax liability for the current year has not been determined. Subject to subsections (j) and (k), the county treasurer shall do the following:
        (1) Determine the following:
            (A) For a parcel of real property, the most recently determined amount of tax liability that applied to the parcel for the preceding year.
            (B) For a personal property return, the most recently determined amount of tax liability that applied for the personal property return for the same location for the preceding year.
            (C) For distributable property, the most recently determined amount of tax liability that applied with respect to the statement filed by the taxpayer under IC 6-1.1-8-19 for the preceding year.
            (D) For a mobile home subject to IC 6-1.1-7, the most recently determined amount of tax liability that applied to the mobile home for the preceding year.
        (2) Determine the amount of the monthly payment due under a monthly payment plan by using the following STEPS:
            STEP ONE: Determine under subdivision (1) the amount of tax liability that applied for the preceding year.
            STEP TWO: Determine the quotient of:
                (i) the number of property tax installments for the current year identified in the ordinance under subsection (g)(2)(A); divided by
                (ii) the total number of property tax installments for the current year.
            STEP THREE: Multiply the STEP ONE result by the STEP TWO result.
            STEP FOUR: TWO: Determine the quotient of:
                (i) the STEP THREE ONE result; divided by
                (ii) the number of months remaining in the designated payment period.
    (j) The county treasurer may determine the monthly payment due under a monthly payment plan in an amount different from the amount determined under subsection (i) if the county treasurer determines that changes in circumstances have caused the amount determined under subsection (i) to differ substantially from the tax liability likely to be determined for the current year.
    (k) This subsection applies only if before an ordinance is adopted under subsection (f) the county treasurer determines to will use provisional property tax statements under IC 6-1.1-22.5 for the current year. For purposes of determining the amount of the taxpayer's monthly payment under a monthly payment plan, the county treasurer shall substitute for the tax liability that applied to the parcel for the preceding year under subsection (i) the tax liability to be indicated on the provisional statement.
    (l) This subsection applies only if the county treasurer determines that at the time the calculation under subsection (h)(3) is made the actual amount of tax liability for the current year has been determined. The amount of the taxpayer's monthly payment under a monthly payment plan is the amount of the tax liability for the current year payable in the installment or installments identified in the ordinance under subsection (g)(2)(A) divided by the number of months remaining in the designated payment period.
    (m) Tax liability paid under this section by automatic deduction from an account of the taxpayer that is held by a financial institution is not finally discharged and the person has not paid the tax until the taxpayer's account is charged for the payment.
    (n) Penalties apply under IC 6-1.1-37-10 as specified in this section to taxes payable under a monthly payment plan under this section.
    (o) After the last monthly payment under a monthly payment plan under this section for the current year has been made and after the amount of tax liability for the current year has been determined, The county treasurer shall issue a two (2) reconciling statement statements to the taxpayer each year. The first reconciling statement shall be mailed to the taxpayer not later than thirty (30) days before the date on which the taxpayer's May payment is due, and the second reconciling statement shall be mailed to the taxpayer not later than thirty (30) days before the date on which the taxpayer's November payment is due. Each reconciling statement must indicate at least the following:
        (1) The sum of:
            (A) the taxpayer's actual tax liability for the current year that is due through:
                (i) May of the current year for the first reconciliation; and
                (ii) November of the current year for the second reconciliation; plus
            (B) any penalty that applies for the current year.
        (2) The total amount paid for the current year under a monthly payment plan, and by means other than under a monthly payment plan.
        (3) If the amount under subdivision (1) exceeds the amount under subdivision (2):
             (A) for the first reconciliation, the amount of the deficiency and a statement that the deficiency is payable by due from the taxpayer not later than the date on which the taxpayer's May payment is due; and
            (B) for the second reconciliation, the amount of the deficiency and a statement that the deficiency is:
                (A) as (i) a final reconciliation of the tax liability; and
                (B) (ii) due not later than thirty (30) days after the date of the reconciling statement on which the taxpayer's November payment is due.
        (4) If the amount under subdivision (2) exceeds the amount under subdivision (1) that for the first reconciliation, the county treasurer shall apply the excess to the taxpayer's remaining liability for the current year. If the amount under subdivision (2) exceeds the amount under subdivision (1) for the second reconciliation, the county treasurer will shall apply the excess as a credit against the taxpayer's tax liability for the immediately succeeding calendar year unless the taxpayer makes a claim for refund of the excess under IC 6-1.1-26.
    (p) The county treasurer shall deposit the tax collections under this section under IC 5-13-6-3(a). The collections must remain in the funds in which they are deposited until the county auditor makes the distributions to the appropriate taxing units at the semiannual settlements under IC 6-1.1-27. However, this subsection does not prohibit a county treasurer from making an advance to a political subdivision under IC 5-13-6-3 of a portion of the taxes collected.
    (q) IC 6-1.1-15:
        (1) does not apply to a statement provided under subsection (h); and
        (2) applies to a the first reconciling statement issued under

subsection (o).
    (r) The following apply to a taxpayer that makes monthly payments under this section:
        (1) If a taxpayer has approval to use a monthly payment plan and makes timely monthly payments of property taxes in the amount determined by the county treasurer under subsection (i), (j), (k), or (l), the taxpayer's property tax payments shall not be considered delinquent for purposes of IC 6-1.1-37-10 and the taxpayer is not subject to penalties under that section.
        (2) If:
            (A) a taxpayer makes monthly payments of property taxes in an amount that is less than the amount determined by the county treasurer under subsection (i), (j), (k), or (l); and
            (B) the total amount of property taxes paid by the taxpayer under the monthly payment plan or any other method by the taxpayer's November approved monthly due date is less than the amount determined by the county treasurer under subsection (i), (j), (k), or (l) that should have been paid by the taxpayer by the taxpayer's November approved monthly due date;
        the penalty provisions of IC 6-1.1-37-10 apply to the delinquent property taxes.
    (s) IC 6-1.1-37-10 applies to any amounts due under a reconciling statement issued under subsection (o) that are not paid within thirty (30) days after the date of the reconciling statement, as required under subsection (o)(3). by the due date.
    (t) For purposes of IC 6-1.1-24-1(a)(1):
        (1) property taxes to be paid under a monthly payment plan under this section before June of the current year are considered to be the taxpayer's spring installment of property taxes; and
        (2) payment on a reconciling statement issued under subsection (o) is considered to be due before the due date of the first installment of property taxes payable in the year immediately following the current year.
     (u) The department of local government finance shall adopt rules, under IC 4-22-2, to establish a uniform statewide monthly payment plan system that is optional for taxpayers.