Recent Developments in Indiana Taxation - I.U. School of Law ...

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1116 INDIANA LAW REVIEW [Vol. 40:1103 The GA allowed Middlebury Township, Elkhart County, to seek a maximum levy increase to cover costs of emergency medical services. 123 The GA required the DLGF to develop a recommendation to the legislative council to adjust maximum permissible levies for property taxes first due and payable after 2007. 124 The GA allowed the DLGF to adopt temporary rules to implement the investment deduction found in I.C. § 6-1.1-12.4. 125 The GA amended I.C. § 6-1.1-21-10 (effective January 1, 2007) to change the schedule for PTRC distribution from six monthly distributions to seven variable percentage monthly distributions annually. 126 The GA added I.C. § 6-1.1-6-2.5 (effective July 1, 2006) to create 127 “wildlands” as a new category of classified forest land. Wildlands must contain one or more of the following: Grasslands that are dominated by native grasses . . . . (1) (2) Wetlands that support a prevalence of native vegetation . . . . (3) Early forest successional stands . . . . ; (4) Other lands [the DNR] determines is capable of supporting wildlife . . . . (5) A body of water. 128 The GA amended I.C. § 6-1.1-6-3 (effective July 1, 2006) to require classified native forest land to have at least 1000 timber producing trees per 129 130 acre. The statute formerly required 400 trees per acre. The GA amended I.C. § 6-1.1-6-3.5 (effective July 1, 2006) to clarify areas within classified forest 131 land that are eligible for classification. The GA amended I.C. § 6-1.1-6-5 (effective July 1, 2006) to add “wildlands” to the requirement that the classified parcel must contain at least 10 contiguous acres. 132 The GA amended I.C. § 6-1.1-6-5.5 (effective July 1, 2006) to allow a 133 taxpayer to file a revised application for classification. It also added reference 134 to “wildlands.” The GA amended I.C. § 6-1.1-6-6 (effective July 1, 2006) to add “wildlands” to the requirement that the classified parcel may not have an 135 improvement situated on it. The GA amended I.C. § 6-1.1-6-7 (effective July 123. Id. § 94 (non-code provision). 124. Id. § 95 (non-code provision). 125. Id. § 96 (non-code provision). 126. 2006 Ind. Legis. Serv. P.L. 159-2006 (S.E.A. 345) § 1 (West). 127. 2006 Ind. Legis. Serv. P.L. 66-2006 (S.E.A. 354) § 2 (West). 128. Id. 129. Id. § 4. 130. Id. 131. Id. § 5. 132. Id. § 6. 133. Id. § 7. 134. Id. 135. Id. § 8.
2007] TAX LAW 1117 1, 2006) to add “wildlands” to the requirement that the classified parcel may not have grazing or confined non-domestic animals on it. 136 The GA amended I.C. § 6-1.1-6-9 (effective July 1, 2006) to allow the natural resources commission to adopt rules allowing a taxpayer to submit other means of describing and platting a parcel other than a registered land survey. 137 The GA amended I.C. § 6-1.1-6-10 (effective July 1, 2006) to correct the 138 spelling of “assesssor” (sic) to “assessor.” This section is also repealed in this bill. 139 The GA amended I.C. § 6-1.1-6-11 (effective July 1, 2006) to include “wildlands” in the application process. 140 The GA amended I.C. § 6-1.1-6-13 (effective July 1, 2006) to make minor technical changes. 141 The GA amended I.C. §§ 6-1.1-6-14, -15, -16, -18, -19, -21, and -23 (effective July 1, 2006) to add the term “wildlands.” The GA amended I.C. § 6-1.1-6-20 (effective July 1, 2006) to add provision allowing a retroactive revised application. 143 The GA amended I.C. § 6-1.1-6-24 (effective July 1, 2006) to add a penalty for withdrawal of land from classification after June 30, 2006 in an amount of $100 per withdrawal plus $50 per acre (unless DNR establishes a different 144 amount by rule). Seventy-five percent of this new penalty is transferred to the 145 forest restoration fund and 25% goes into the county general fund. This penalty is in addition to back taxes and the 10% interest already in the statute. 146 The GA amended I.C. § 6-1.1-6-25 (effective July 1, 2006) to require the owner splitting a classified parcel to file new, separate applications for each 147 parcel. This amendment also requires the owner to disclose to a potential purchaser that the land is enrolled in a classified land program and the potential tax liabilities. 148 The GA amended I.C. § 6-1.1-6-27 and I.C. § 6-1.1-6.2-15 (effective July 1, 2006) to add wildlands. 149 The GA amended I.C. § 14-23-4-2 (effective July 1, 2006) to redefine 136. Id. § 9. 137. Id. § 10. 138. Id. § 11. 139. Id. 140. Id. § 12. 141. Id. § 13. 142. Id. §§ 14-18, 20-21. 143. Id. § 19. 144. Id. § 22. 145. Id. 146. Id. 147. Id. § 23. 148. Id. 149. Id. §§ 24-25. 142
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Page 3 and 4: 2007] TAX LAW 1105 at the end of mo
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Page 9 and 10: 2007] TAX LAW 1111 I.C. § 6-1.1-12
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Page 29 and 30: 2007] TAX LAW 1131 D. Income Tax Be
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Page 35 and 36: 2007] TAX LAW 1137 Interest accrues
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