Imposition of tax; rescission of tax; ordinances; transmission of
ordinance to state
Sec. 3. (a) The fiscal body of a county described in section 1 of
this chapter may adopt an ordinance to impose an excise tax, known
as the food and beverage tax, on those transactions described in
sections 4 and 5 of this chapter that occur anywhere within the
county.
(b) The following apply if the fiscal body of the county imposes
a tax under this chapter:
(1) The rate of the tax equals one percent (1%) of the gross
retail income on the transaction. For purposes of this chapter,
the gross retail income received by the retail merchant from
such a transaction does not include the amount of tax imposed
on the transaction under IC 6-2.5 or this chapter.
(2) The fiscal body shall immediately send a certified copy of
the ordinance to the commissioner of the department of state
revenue.
(3) The tax applies to transactions that occur after the last day
of the month that follows the month in which the ordinance was
adopted.
(4) The fiscal body may adopt an ordinance to rescind the tax.
The rescission of the tax takes effect after the last day of the
month that follows the month in which the ordinance to rescind
the tax is adopted. However, the fiscal body may not rescind the
tax if there are bonds outstanding or leases or other obligations
for which the tax has been pledged under IC 36-7.5.
As added by P.L.214-2005, SEC.45.
Last modified: May 28, 2006