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

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1144 INDIANA LAW REVIEW [Vol. 40:1103 January 1, 2006) are amended to imply that the credit awarded by the EDC for biodiesel production and the credit for blending biodiesel can be awarded at an amount that is less than the statutory limit. 419 I.C. § 6-3.1-28-11 (upon passage) was amended to imply that the credit awarded by the EDC for ethanol production can be awarded at an amount that is 420 less than the statutory limit. Increases the maximum amount of credits allowed for an ethanol production plant from $3 million to $2 million if the production is less than 60,000,000 gallons in a taxable year or $3 million if the production is greater than 60,000,000 gallons in a taxable year. 421 I.C. § 6-3.1-29-15 (effective January 1, 2006) was amended to provide that an entity is qualified for the coal gasification income tax credit if the facility is 422 dedicated to primarily serving Indiana retail electric utility consumers. This section also provides that the fluidized bed combustion technology tax credit is 7% of the taxpayer’s qualified investment for the first $500 million invested, and 3% of the qualified taxpayer’s investment that exceeds $500 million. 423 I.C. § 6-3.1-30-2 (effective January 1, 2006) was amended to provide that for a business to qualify for the headquarters relocation tax credit, the annual worldwide revenues had to be at least $100 million (prior provision was $500 million). 424 I.C. § 6-3.1-30-8 (effective January 1, 2006) was amended to provide that a business must have at least 75 employees in Indiana to qualify for the headquarters relocation tax credit. 425 5. County Economic Development Income Tax.—I.C. § 6-3.5-7-26 (upon passage) was amended to provide that a county has until June 1, 2006 (instead of April 1, 2006) to adopt an ordinance to impose an additional CEDIT rate to offset the effects of the elimination of the property tax on inventory. 426 6. Motor Fuel Tax.—I.C. § 6-6-1.1-103 (effective January 1, 2006) was amended to define E85 as a fuel blend nominally consisting of 85% ethanol and 15% gasoline. 427 I.C. § 6-6-1.1-515 (effective July 1, 2006) was added to provide that the administrator of the special tax division may require all reports required to be filed concerning the gasoline tax must be filed in an electronic format prescribed by the administrator. 428 I.C. § 6-6-2.5-1 (effective July 1, 2006) was amended to provide that 419. 2006 Ind. Legis. Serv. P.L. 122-2006 (S.E.A. 353) §§ 5-6 (West). 420. Id. § 9. 421. Id. 422. Id. § 13. 423. Id. 424. 2006 Ind. Legis. Serv. P.L. 137-2006 (H.E.A. 1380) § 8 (West). 425. Id. § 9. 426. 2006 Ind. Legis. Serv. P.L. 162-2006 (H.E.A. 1001) § 34 (West). 427. 2006 Ind. Legis. Serv. P.L. 122-2006 (S.E.A. 353) § 18 (West). 428. 2006 Ind. Legis. Serv. P.L. 176-2006 (H.E.A. 1214) § 3 (West).
2007] TAX LAW 1145 biodiesel and blended biodiesel are not alternative fuels. 429 I.C. § 6-6-2.5-1.5 (effective July 1, 2006) was amended to define biodiesel as a renewable, biodegradable, mono alkyl ester combustible liquid fuel derived from agricultural plant oils or animal fats that meets American Society for Testing and Materials specifications D6751-03a Standard Specification for Biodiesel Fuel (B100) Blend Stock for Distillate Fuels, as well as other fuels of the same derivation capable of use in the generation of power for the propulsion 430 of a motor vehicle, airplane or motorboat. This section also defined blended biodiesel to be a blend of biodiesel with petroleum diesel fuel so that the volume percentage of biodiesel in the blend is at least 2%. 431 I.C. § 6-6-2.5-3 (effective July 1, 2006) was amended so that the term blending does not include biodiesel or blended biodiesel. 432 I.C. § 6-6-2.5-22 (effective July 1, 2006) was amended so that biodiesel and blended biodiesel are included in the definition of special fuel. 433 I.C. § 6-6-2.5-72 (effective July 1, 2006) was added to provide that the administrator may require special fuel tax reports to be filed in an electronic format. 434 I.C. § 6-6-4.1-4.8 (effective July 1, 2006) was amended to provide that in order to claim a proportional use credit for motor carrier fuel use taxes, the claim for the credit must be filed by the due date of the quarterly return for which the credit is being claimed. 435 7. Tax Administration.—I.C. § 6-8.1-1-1 (effective July 1, 2006) was amended so that the utility services use tax is considered a listed tax-for tax administration purposes. 436 437 I.C. § 6-8.1-3-18 (effective July 1, 2006) was repealed. The section gave DOR employees full police powers to enforce the charity gaming statutes. I.C. § 6-8.1-4-4 (effective July 1, 2006) was amended to give the commissioner of the DOR the authority to deny any applications submitted by an operator of a commercial motor vehicle if the person has failed to file all returns and pay all taxes. 439 I.C. § 6-8.1-8-2 (effective January 1, 2007) was amended to require the DOR to state on a demand notice the statutory authority for the DOR to levy against 429. 2006 Ind. Legis. Serv. P.L. 122-2006 (S.E.A. 353) § 19 (West). 430. Id. § 20. 431. Id. 432. Id. § 21. 433. Id. § 22. 434. 2006 Ind. Legis. Serv. P.L. 176-2006 (H.E.A. 1214) § 4 (West). 435. Id. § 5. 436. 2006 Ind. Legis. Serv. P.L. 162-2006 (H.E.A. 1001) § 35 (West). 437. 2006 Ind. Legis. Serv. P.L. 91-2006 (S.E.A. 100) § 15 (West). 438. IND. CODE § 6-8.1-3-18 (2006), repealed by 2006 Ind. Legis. Serv. P.L. 91-2006 (S.E.A. 100) § 15 (West). 439. 2006 Ind. Legis. Serv. P.L. 176-2006 (H.E.A. 1214) § 6 (West). 438
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Page 13 and 14: 2007] TAX LAW 1115 I.C. § 36-7-30-
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Page 17 and 18: 2007] TAX LAW 1119 a county auditor
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Page 23 and 24: 2007] TAX LAW 1125 219 sale or tran
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