Version a
Personal property application; filing requirements; change in
property ownership; township assessor review; county auditor
determination; appeal
Note: This version of section effective until 1-1-2006. See also
following version of this section, effective 1-1-2006.
Sec. 5.4. (a) A person that desires to obtain the deduction
provided by section 4.5 of this chapter must file a certified deduction
application on forms prescribed by the department of local
government finance with the auditor of the county in which the new
manufacturing equipment, new research and development equipment,
new logistical distribution equipment, or new information technology
equipment is located. A person that timely files a personal property
return under IC 6-1.1-3-7(a) for the year in which the new
manufacturing equipment, new research and development equipment,
new logistical distribution equipment, or new information technology
equipment is installed must file the application between March 1 and
May 15 of that year. A person that obtains a filing extension under
IC 6-1.1-3-7(b) for the year in which the new manufacturing
equipment, new research and development equipment, new logistical
distribution equipment, or new information technology equipment is
installed must file the application between March 1 and the extended
due date for that year.
(b) The deduction application required by this section must
contain the following information:
(1) The name of the owner of the new manufacturing
equipment, new research and development equipment, new
logistical distribution equipment, or new information
technology equipment.
(2) A description of the new manufacturing equipment, new
research and development equipment, new logistical
distribution equipment, or new information technology
equipment.
(3) Proof of the date the new manufacturing equipment, new
research and development equipment, new logistical
distribution equipment, or new information technology
equipment was installed.
(4) The amount of the deduction claimed for the first year of the
deduction.
(c) This subsection applies to a deduction application with respect
to new manufacturing equipment, new research and development
equipment, new logistical distribution equipment, or new information
technology equipment for which a statement of benefits was initially
approved after April 30, 1991. If a determination about the number
of years the deduction is allowed has not been made in the resolution
adopted under section 2.5 of this chapter, the county auditor shall
send a copy of the deduction application to the designating body, and
the designating body shall adopt a resolution under section 4.5(g)(2)
of this chapter.
(d) A deduction application must be filed under this section in the
year in which the new manufacturing equipment, new research and
development equipment, new logistical distribution equipment, or
new information technology equipment is installed and in each of the
immediately succeeding years the deduction is allowed.
(e) Subject to subsection (i), the county auditor shall:
(1) review the deduction application; and
(2) approve, deny, or alter the amount of the deduction.
Upon approval of the deduction application or alteration of the
amount of the deduction, the county auditor shall make the
deduction. The county auditor shall notify the county property tax
assessment board of appeals of all deductions approved under this
section.
(f) If the ownership of new manufacturing equipment, new
research and development equipment, new logistical distribution
equipment, or new information technology equipment changes, the
deduction provided under section 4.5 of this chapter continues to
apply to that equipment if the new owner:
(1) continues to use the equipment in compliance with any
standards established under section 2(g) of this chapter; and
(2) files the deduction applications required by this section.
(g) The amount of the deduction is the percentage under section
4.5 of this chapter that would have applied if the ownership of the
property had not changed multiplied by the assessed value of the
equipment for the year the deduction is claimed by the new owner.
(h) A person may appeal the determination of the county auditor
under subsection (e) by filing a complaint in the office of the clerk
of the circuit or superior court not more than forty-five (45) days
after the county auditor gives the person notice of the determination.
(i) Before the county auditor acts under subsection (e), the county
auditor may request that the township assessor in which the property
is located review the deduction application.
As added by P.L.1-2002, SEC.19. Amended by P.L.256-2003, SEC.5;
P.L.245-2003, SEC.10; P.L.64-2004, SEC.8 and P.L.81-2004,
SEC.52.
Last modified: May 28, 2006