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

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1120 INDIANA LAW REVIEW [Vol. 40:1103 conservancy district. 170 The GA amended I.C. § 36-9-37-19 (effective January 1, 2007) to apply the 5% interest rate as applies to unpaid property taxes to unpaid municipal water utility assessments. 171 The GA added a non-code provision that allows delayed property tax payments made in 2005 for assessment years 2002, 2003, and 2004, to be deducted from adjusted gross income for the purposes of the state income tax (effective January 1, 2006). 172 2. House Enrolled Acts (HEA).—The GA amended I.C. § 6-1.1-17-3 (effective July 1, 2006) to require, beginning in 2009, a political subdivision to complete its budget, tax levy, and proposed tax rate, and to publish and report this information to the county auditor before August 10 of the calendar year. 173 This amendment also requires the county auditor to send a notice to each taxpayer by August 10 outlining the current year’s assessed value, property tax liability to each political subdivision, comparative property tax information for each political subdivision, and the date of the public hearing on each political subdivision’s budget, rate, and levy. 174 The GA amended I.C. § 6-1.1-21-3 (effective January 1, 2006) to require DLGF to make the certifications of eligible property tax replacement amount and homestead credits to the DOR based on the best information available at the time the certification is made. 175 The GA amended I.C. § 6-1.1-20-10 (effective March 24, 2006) to prohibit a political subdivision from compelling an employee or student to promote a 176 position on a petition or remonstrance on a bond or lease. This amendment also prohibits: the staff and employees of a school corporation from identifying a student as the child of a parent/guardian who has taken a position on the petition or remonstrance; a person or organization that has a contract, or formal or informal arrangement with a school corporation, to spend monies to promote a position on the petition; and an attorney, architect, construction manager, or a financial advisor with respect to a controlled project to spend monies to promote a position on the petition. 177 The GA added I.C. § 6-1.1-20-11 (effective July 1, 2006) to establish test for the validity of a signature on a document required for a petition and remonstrance procedure. 178 The GA amended I.C. § 6-1.1-20.6-4 (effective March 24, 2006) to make the definition of “qualified residential property” (apartment complex, homestead, and 170. Id. § 13. 171. Id. § 16. 172. Id. § 22. 173. Id. § 3. 174. 2006 Ind. Legis. Serv. P.L. 162-2006 (H.E.A. 1001) § 2 (West). 175. Id. § 4. 176. Id. § 5. 177. Id. 178. Id. § 6.
2007] TAX LAW 1121 residential rental property) also apply to new property. 179 The GA amended I.C. § 6-1.1-20.6-6 (effective March 24, 2006) to allow the county fiscal body to establish an excessive residential property tax credit for taxes due and payable before January 1, 2007 for Lake County and for taxes due and payable before January 1, 2008 for all other counties. 180 The GA added a subsection to I.C. § 6-1.1-20.6-7 (effective March 24, 2006) to set the excessive property tax credit at 2% of gross assessed value for all real and personal property for taxes first due and payable after December 31, 2009. 181 The GA amended I.C. § 6-1.1-20.6-8 (effective March 24, 2006) to not require any real or personal property owner to apply for the excessive property tax credit. 182 The GA added a subsection to I.C. § 6-1.1-20.6-9 (effective March 24, 2006) to require the county auditor to notify each political subdivision in which the credit under this chapter is applied of the reduction for the political subdivision. 183 The GA amended I.C. § 6-1.1-22-8 (effective July 1, 2006) to expire January 1, 2008. 184 The GA added I.C. § 6-1.1-22-8.1 (effective July 1, 2006) to replace I.C. § 185 6-1.1-22-8 upon its expiration. This amendment also requires the county 186 treasurer to mail a tax bill in the form prescribed by the DLGF. The form must include at least the following: A statement of the taxpayer’s current and delinquent taxes and (1) special assessments. (2) A breakdown showing the total property tax and special assessment liability and the amount of the taxpayer’s liability that will be distributed to each taxing unit in the county. (3) An itemized listing for each property tax levy, including: (A) the amount of the tax rate; (B) the entity levying the tax owed; and (C) the dollar amount of the tax owed. (4) Information designed to show the manner in which the taxes and special assessments billed in the tax statement are to be used. (5) A comparison showing any change in the assessed valuation for the property as compared to the previous year. (6) A comparison showing any change in the property tax and special assessment liability for the property as compared to the previous 179. Id. § 7. 180. Id. § 8. 181. Id. § 10. 182. Id. § 11. 183. Id. § 12. 184. Id. § 15. 185. Id. § 16. 186. Id.
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Page 35 and 36: 2007] TAX LAW 1137 Interest accrues
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2007] TAX LAW 1171 784 taxing abili
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