Calculation of certified distribution; notice to county auditor
Sec. 9. (a) Revenue derived from the imposition of the county
adjusted gross income tax shall, in the manner prescribed by this
section, be distributed to the county that imposed it. The amount to
be distributed to a county during an ensuing calendar year equals the
amount of county adjusted gross income tax revenue that the
department, after reviewing the recommendation of the budget
agency, determines has been:
(1) received from that county for a taxable year ending before
the calendar year in which the determination is made; and
(2) reported on an annual return or amended return processed
by the department in the state fiscal year ending before July 1
of the calendar year in which the determination is made;
as adjusted (as determined after review of the recommendation of the
budget agency) for refunds of county adjusted gross income tax made
in the state fiscal year.
(b) Before August 2 of each calendar year, the department, after
reviewing the recommendation of the budget agency, shall certify to
the county auditor of each adopting county the amount determined
under subsection (a) plus the amount of interest in the county's
account that has accrued and has not been included in a certification
made in a preceding year. The amount certified is the county's
"certified distribution" for the immediately succeeding calendar year.
The amount certified shall be adjusted under subsections (c), (d), (e),
(f), and (g). The department shall provide with the certification an
informative summary of the calculations used to determine the
certified distribution.
(c) The department shall certify an amount less than the amount
determined under subsection (b) if the department, after reviewing
the recommendation of the budget agency, determines that the
reduced distribution is necessary to offset overpayments made in a
calendar year before the calendar year of the distribution. The
department, after reviewing the recommendation of the budget
agency, may reduce the amount of the certified distribution over
several calendar years so that any overpayments are offset over
several years rather than in one (1) lump sum.
(d) The department, after reviewing the recommendation of the
budget agency, shall adjust the certified distribution of a county to
correct for any clerical or mathematical errors made in any previous
certification under this section. The department, after reviewing the
recommendation of the budget agency, may reduce the amount of the
certified distribution over several calendar years so that any
adjustment under this subsection is offset over several years rather
than in one (1) lump sum.
(e) The department, after reviewing the recommendation of the
budget agency, shall adjust the certified distribution of a county to
provide the county with the distribution required under section 10(b)
of this chapter.
(f) This subsection applies to a county that:
(1) initially imposes the county adjusted gross income tax; or
(2) increases the county adjusted income tax rate;
under this chapter in the same calendar year in which the department
makes a certification under this section. The department, after
reviewing the recommendation of the budget agency, shall adjust the
certified distribution of a county to provide for a distribution in the
immediately following calendar year and in each calendar year
thereafter. The department shall provide for a full transition to
certification of distributions as provided in subsection (a)(1) through
(a)(2) in the manner provided in subsection (c).
(g) The department, after reviewing the recommendation of the
budget agency, shall adjust the certified distribution of a county to
provide the county with the distribution required under section 3.3
of this chapter beginning not later than the tenth month after the
month in which additional revenue from the tax authorized under
section 3.3 of this chapter is initially collected.
As added by P.L.73-1983, SEC.2. Amended by P.L.23-1986, SEC.6;
P.L.267-2003, SEC.3; P.L.207-2005, SEC.2.
Last modified: May 28, 2006