reglab/housing_qa huggingface dataset:
IN Code § 6-1.1-12.1-11.3 (2021)
2021 Indiana Code|Title 6. Taxation|Article 1.1. Property Taxes|Chapter 12.1. Deduction for Rehabilitation or Redevelopment of Real Property in Economic Revitalization Areas|6-1.1-12.1-11.3. Waiver of Noncompliance

Sec. 11.3. (a) This section applies only to the following requirements:(1) Failure to provide the completed statement of benefits form to the designating body before the hearing required by section 2.5(c) of this chapter.(2) Failure to submit the completed statement of benefits form to the designating body before the:(A) initiation of the redevelopment or rehabilitation;(B) installation of new manufacturing equipment, new research and development equipment, new logistical distribution equipment, or new information technology equipment; or(C) occupation of an eligible vacant building;for which the person desires to claim a deduction under this chapter.(3) Failure to designate an area as an economic revitalization area before the initiation of the:(A) redevelopment;(B) installation of new manufacturing equipment, new research and development equipment, new logistical distribution equipment, or new information technology equipment;(C) rehabilitation; or(D) occupation of an eligible vacant building;for which the person desires to claim a deduction under this chapter.(4) Failure to make the required findings of fact before designating an area as an economic revitalization area or authorizing a deduction for new manufacturing equipment, new research and development equipment, new logistical distribution equipment, or new information technology equipment under section 2, 3, 4.5, or 4.8 of this chapter.(5) Failure to file a:(A) timely; or(B) complete;deduction application under section 5, 5.3, or 5.4 of this chapter.(b) This section does not grant a designating body the authority to exempt a person from filing a statement of benefits or exempt a designating body from making findings of fact.(c) A designating body may by resolution waive noncompliance described under subsection (a) under the terms and conditions specified in the resolution. Before adopting a waiver under this subsection, the designating body shall conduct a public hearing on the waiver.As added by P.L.84-1995, SEC.3. Amended by P.L.4-2000, SEC.12; P.L.245-2003, SEC.11; P.L.64-2004, SEC.12 and P.L.81-2004, SEC.56; P.L.154-2006, SEC.34; P.L.173-2011, SEC.7; P.L.288-2013, SEC.18.
IN Code § 6-1.1-12.1-12.5 (2021)
2021 Indiana Code|Title 6. Taxation|Article 1.1. Property Taxes|Chapter 12.1. Deduction for Rehabilitation or Redevelopment of Real Property in Economic Revitalization Areas|6-1.1-12.1-12.5. Distribution of Reimbursement, Repayment, or Penalty Imposed for Failure to Comply With Requirements

Sec. 12.5. Except as provided in section 12(f) of this chapter, if a county or municipality receives a reimbursement, repayment, or penalty from a taxpayer on account of the taxpayer's failure to comply with the statement of benefits provided by the taxpayer or on account of the taxpayer's failure to comply with any other requirement to receive a deduction under this chapter, the county or municipal fiscal officer shall distribute the amount of the reimbursement, repayment, or penalty on a pro rata basis to each taxing unit that contains the property that was subject to the deduction. The amount to be distributed to each taxing unit that contains the property that was subject to the deduction shall be determined according to the following formula:STEP ONE: Determine the total aggregate property tax rate imposed in the preceding year by the taxing unit.STEP TWO: Determine the sum of the STEP ONE amounts for all taxing units that contain the property that was subject to the deduction.STEP THREE: Divide the STEP ONE amount by the sum determined under STEP TWO.STEP FOUR: Multiply the amount of the reimbursement, repayment, or penalty by the STEP THREE quotient.As added by P.L.80-2014, SEC.4.
IN Code § 6-1.1-12.1-13 (2021)
2021 Indiana Code|Title 6. Taxation|Article 1.1. Property Taxes|Chapter 12.1. Deduction for Rehabilitation or Redevelopment of Real Property in Economic Revitalization Areas|6-1.1-12.1-13. Department of Local Government Finance Rules

Sec. 13. The department of local government finance shall adopt rules under IC 4-22-2 to implement this chapter.As added by P.L.245-2003, SEC.12.
IN Code § 6-1.1-12.1-14 (2021)
2021 Indiana Code|Title 6. Taxation|Article 1.1. Property Taxes|Chapter 12.1. Deduction for Rehabilitation or Redevelopment of Real Property in Economic Revitalization Areas|6-1.1-12.1-14. Local Government Authority to Impose Fee With Consent of Property Owner; Fee Amount; Distribution

Sec. 14. (a) This section does not apply to:(1) a deduction under section 3 of this chapter for property located in a residentially distressed area; or(2) any other deduction under section 3 or 4.5 of this chapter for which a statement of benefits was approved before July 1, 2004.(b) A property owner that receives a deduction under section 3, 4.5, or 4.8 of this chapter is subject to this section only if the designating body, with the consent of the property owner, incorporates this section, including the percentage to be applied by the county auditor for purposes of STEP TWO of subsection (c), into its initial approval of the property owner's statement of benefits and deduction at the time of that approval.(c) During each year in which a property owner's property tax liability is reduced by a deduction applied under this chapter, the property owner shall pay to the county treasurer a fee in an amount determined by the county auditor. The county auditor shall determine the amount of the fee to be paid by the property owner according to the following formula:STEP ONE: Determine the additional amount of property taxes that would have been paid by the property owner during the year if the deduction had not been in effect.STEP TWO: Multiply the amount determined under STEP ONE by the percentage determined by the designating body under subsection (b), which may not exceed fifteen percent (15%). The percentage determined by the designating body remains in effect throughout the term of the deduction and may not be changed.STEP THREE: Determine the lesser of the STEP TWO product or one hundred thousand dollars ($100,000).(d) Fees collected under this section must be distributed to one (1) or more public or nonprofit entities established to promote economic development within the corporate limits of the city, town, or county served by the designating body. The designating body shall notify the county auditor of the entities that are to receive distributions under this section and the relative proportions of those distributions. The county auditor shall distribute fees collected under this section in accordance with the designating body's instructions.(e) If the designating body determines that a property owner has not paid a fee imposed under this section, the designating body may adopt a resolution terminating the property owner's deduction under section 3, 4.5, or 4.8 of this chapter. If the designating body adopts such a resolution, the deduction does not apply to the next installment of property taxes owed by the property owner or to any subsequent installment of property taxes.As added by P.L.81-2004, SEC.57. Amended by P.L.193-2005, SEC.7; P.L.154-2006, SEC.36.
IN Code § 6-1.1-12.1-15 (2021)
2021 Indiana Code|Title 6. Taxation|Article 1.1. Property Taxes|Chapter 12.1. Deduction for Rehabilitation or Redevelopment of Real Property in Economic Revitalization Areas|6-1.1-12.1-15. Correction of Deduction Errors

Sec. 15. (a) If:(1) as the result of an error by a taxpayer the county auditor applies a deduction under this chapter for a particular assessment date in an amount that is less than the amount to which the taxpayer is entitled under this chapter; and(2) the taxpayer is entitled to a correction of the error under this article;the county auditor shall apply the correction of the error as provided in this section.(b) With respect to a deduction based on an increase in the assessed value of real property, the county auditor shall apply a deduction from the assessed value of the real property:(1) except as provided in subsection (d), for the assessment date that next succeeds the last assessment date for which a deduction under this chapter would apply without regard to this section based on that increase; and(2) except as provided in subsection (c), in the amount of the lesser of:(A) the remainder of:(i) the amount of the deduction to which the taxpayer is entitled under this chapter for the particular assessment date under subsection (a); minus(ii) the amount of the deduction that was applied for that assessment date; or(B) the assessed value of the real property for the assessment date for which the correction applies.(c) If the county auditor applies an incorrect deduction as described in subsection (a) for more than one (1) assessment date, the county auditor shall:(1) combine the amounts of deduction corrections determined under subsection (b)(2)(A) for all of the assessment dates for which incorrect deductions were applied; and(2) except as provided in subsection (d), apply that combined amount as a deduction for the assessment date referred to in subsection (b)(1) in the manner described in subsection (b)(2).(d) If:(1) the remainder determined under subsection (b)(2)(A); or(2) the combined amount of deduction corrections under subsection (c)(1);exceeds the assessed value referred to in subsection (b)(2)(B), the county auditor shall carry the excess over as assessed value deductions for the immediately succeeding assessment date or dates.(e) With respect to a deduction based on an increase in the assessed value of personal property, the county auditor shall apply deduction corrections in the manner provided in subsections (a) through (d), except that the assessed value and deduction determinations apply to the taxpayer's personal property return.(f) A taxpayer is not required to file an application for a deduction under this section.As added by P.L.219-2007, SEC.33.
IN Code § 6-1.1-12.1-17 (2021)
2021 Indiana Code|Title 6. Taxation|Article 1.1. Property Taxes|Chapter 12.1. Deduction for Rehabilitation or Redevelopment of Real Property in Economic Revitalization Areas|6-1.1-12.1-17. Abatement Schedules

Sec. 17. (a) A designating body may provide to a business that is established in or relocated to a revitalization area and that receives a deduction under section 4 or 4.5 of this chapter an abatement schedule based on the following factors:(1) The total amount of the taxpayer's investment in real and personal property.(2) The number of new full-time equivalent jobs created.(3) The average wage of the new employees compared to the state minimum wage.(4) The infrastructure requirements for the taxpayer's investment.(b) This subsection applies to a statement of benefits approved after June 30, 2013. A designating body shall establish an abatement schedule for each deduction allowed under this chapter. An abatement schedule must specify the percentage amount of the deduction for each year of the deduction. Except as provided in section 18 of this chapter, an abatement schedule may not exceed ten (10) years.(c) An abatement schedule approved for a particular taxpayer before July 1, 2013, remains in effect until the abatement schedule expires under the terms of the resolution approving the taxpayer's statement of benefits.As added by P.L.173-2011, SEC.9. Amended by P.L.288-2013, SEC.20; P.L.80-2014, SEC.5.
IN Code § 6-1.1-12.1-18 (2021)
2021 Indiana Code|Title 6. Taxation|Article 1.1. Property Taxes|Chapter 12.1. Deduction for Rehabilitation or Redevelopment of Real Property in Economic Revitalization Areas|6-1.1-12.1-18. Enhanced Abatement for Certain Business Personal Property; Specification of Percentage Amount; Maximum Duration; Review of Compliance With Statement of Benefits

Sec. 18. (a) This section applies to a deduction provided under section 4.5 of this chapter for new personal property with respect to a statement of benefits approved after June 30, 2015.(b) As used in this section, "business personal property" means personal property that:(1) is otherwise subject to assessment and taxation under this article; and(2) is used in a trade or business or otherwise held, used, or consumed in connection with the production of income.The term does not include mobile homes assessed under IC 6-1.1-7, personal property held as an investment, or personal property that is assessed under IC 6-1.1-8 and is owned by a public utility subject to regulation by the Indiana utility regulatory commission. However, the term does include the personal property of a telephone company or a communications service provider if that personal property meets the requirements of subdivisions (1) through (2), regardless of whether that personal property is assessed under IC 6-1.1-8 and regardless of whether the telephone company or communications service provider is subject to regulation by the Indiana utility regulatory commission.(c) As used in this section, "new personal property" means business personal property that:(1) a taxpayer places in service after the date the taxpayer's statement of benefits is approved by the designating body; and(2) has not previously been used in Indiana before the taxpayer acquires the business personal property.(d) A designating body may establish an enhanced abatement schedule for a deduction described in subsection (a). An enhanced abatement schedule established under this subsection:(1) must specify the percentage amount of the deduction for each year of the deduction; and(2) may not exceed twenty (20) years.(e) If a taxpayer is granted a deduction under section 4.5 of this chapter on an abatement schedule that exceeds ten (10) years through an enhanced abatement schedule established under subsection (d), the designating body shall conduct a public hearing to review the taxpayer's compliance with the statement of benefits provided to the designating body under this chapter after the tenth year of the abatement.As added by P.L.80-2014, SEC.6.
IN Code § 6-1.1-12.4-1 (2021)
2021 Indiana Code|Title 6. Taxation|Article 1.1. Property Taxes|Chapter 12.4. Investment Deduction|6-1.1-12.4-1. "Official"

Sec. 1. For purposes of this chapter, "official" means:(1) a county auditor;(2) a county assessor; or(3) a township assessor (if any).As added by P.L.193-2005, SEC.8. Amended by P.L.146-2008, SEC.129.
IN Code § 6-1.1-12.4-2 (2021)
2021 Indiana Code|Title 6. Taxation|Article 1.1. Property Taxes|Chapter 12.4. Investment Deduction|6-1.1-12.4-2. Applicability of Deduction Entitlement; Calculation of Deduction Amount; Filing Requirements; Adjustments

Sec. 2. (a) For purposes of this section, an increase in the assessed value of real property is determined in the same manner that an increase in the assessed value of real property is determined for purposes of IC 6-1.1-12.1.(b) This subsection applies only to a development, redevelopment, or rehabilitation that is first assessed after March 1, 2005, and before March 2, 2007. Except as provided in subsection (h) and sections 4, 5, and 8 of this chapter, an owner of real property that:(1) develops, redevelops, or rehabilitates the real property; and(2) creates or retains employment from the development, redevelopment, or rehabilitation;is entitled to a deduction from the assessed value of the real property.(c) Subject to section 14 of this chapter, the deduction under this section is first available in the year in which the increase in assessed value resulting from the development, redevelopment, or rehabilitation occurs and continues for the following two (2) years. The amount of the deduction that a property owner may receive with respect to real property located in a county for a particular year equals the lesser of:(1) two million dollars ($2,000,000); or(2) the product of:(A) the increase in assessed value resulting from the development, rehabilitation, or redevelopment; multiplied by(B) the percentage from the following table:
IN Code § 6-1.1-12.4-3 (2021)
2021 Indiana Code|Title 6. Taxation|Article 1.1. Property Taxes|Chapter 12.4. Investment Deduction|6-1.1-12.4-3. Eligibility; Deduction Amount; Period of Deduction; Deduction Claim; Limitations

Sec. 3. (a) For purposes of this section, an increase in the assessed value of personal property is determined in the same manner that an increase in the assessed value of new manufacturing equipment is determined for purposes of IC 6-1.1-12.1.(b) This subsection applies only to personal property that the owner purchases after March 1, 2005, and before March 2, 2007. Except as provided in sections 4, 5, and 8 of this chapter, an owner that purchases personal property that:(1) was never before used by its owner for any purpose in Indiana; and(2) creates or retains employment;is entitled to a deduction from the assessed value of the personal property.(c) Subject to section 14 of this chapter, the deduction under this section is first available in the year in which the increase in assessed value resulting from the purchase of the personal property occurs and continues for the following two (2) years. The amount of the deduction that a property owner may receive with respect to personal property located in a county for a particular year equals the lesser of:(1) two million dollars ($2,000,000); or(2) the product of:(A) the increase in assessed value resulting from the purchase of the personal property; multiplied by(B) the percentage from the following table:
IN Code § 6-1.1-12.4-4 (2021)
2021 Indiana Code|Title 6. Taxation|Article 1.1. Property Taxes|Chapter 12.4. Investment Deduction|6-1.1-12.4-4. Ineligibility of Real and Personal Property Located in Allocation Area

Sec. 4. A property owner may not receive a deduction under this chapter with respect to real property or personal property located in an allocation area (as defined in IC 6-1.1-21.2-3).As added by P.L.193-2005, SEC.8.
IN Code § 6-1.1-12.4-5 (2021)
2021 Indiana Code|Title 6. Taxation|Article 1.1. Property Taxes|Chapter 12.4. Investment Deduction|6-1.1-12.4-5. Additional Deductions for Property Prohibited

Sec. 5. A property owner that qualifies for a deduction for a year under this chapter and another statute with respect to the same:(1) real property development, redevelopment, or rehabilitation; or(2) personal property purchase;may not receive a deduction under both statutes for the development, redevelopment, rehabilitation, or purchase for that year.As added by P.L.193-2005, SEC.8.
IN Code § 6-1.1-12.4-6 (2021)
2021 Indiana Code|Title 6. Taxation|Article 1.1. Property Taxes|Chapter 12.4. Investment Deduction|6-1.1-12.4-6. Official Review of Job Creation and Job Retention Criteria; Notice of Hearing

Sec. 6. An official may:(1) review the creation or retention of employment from:(A) the development, redevelopment, or rehabilitation of real property; or(B) the purchase of personal property;that qualifies a property owner for a deduction under this chapter;(2) determine whether the creation or retention of employment described in subdivision (1) has occurred; and(3) if the official determines under subdivision (2) that:(A) the creation or retention of employment described in subdivision (1) has not occurred; and(B) the failure to create or retain employment was not caused by factors beyond the control of the property owner (such as declines in demand for the property owner's products or services);mail a written notice to the property owner of a hearing on the termination of the deduction under this chapter.As added by P.L.193-2005, SEC.8.
IN Code § 6-1.1-12.4-7 (2021)
2021 Indiana Code|Title 6. Taxation|Article 1.1. Property Taxes|Chapter 12.4. Investment Deduction|6-1.1-12.4-7. Notice of Hearing Requirements

Sec. 7. The written notice under section 6(3) of this chapter must include the following:(1) An explanation of the reasons for the determination that the creation or retention of employment described in section 6(1) of this chapter has not occurred.(2) The date, time, and place of a hearing to be conducted:(A) by the official; and(B) not more than thirty (30) days after the date of the notice under section 6(3) of this chapter;to further consider the property owner's creation or retention of employment as described in section 6(1) of this chapter.As added by P.L.193-2005, SEC.8.
IN Code § 6-1.1-12.4-8 (2021)
2021 Indiana Code|Title 6. Taxation|Article 1.1. Property Taxes|Chapter 12.4. Investment Deduction|6-1.1-12.4-8. Hearing Requirements; Termination of Deduction

Sec. 8. On the date specified in the notice described in section 6(3) of this chapter, the official shall conduct a hearing for the purpose of further considering the property owner's creation or retention of employment as described in section 6(1) of this chapter. Based on the information presented at the hearing by the property owner and other interested parties, the official shall determine whether the property owner has made reasonable efforts to create or retain employment as described in section 6(1) of this chapter and whether any failure to create or retain employment was caused by factors beyond the control of the property owner. If the official determines that the property owner has not made reasonable efforts to create or retain employment, the official shall determine that the property owner's deduction under this chapter is terminated. If the official terminates the deduction, the deduction does not apply to:(1) the next installment of property taxes owed by the property owner; or(2) any subsequent installment of property taxes.As added by P.L.193-2005, SEC.8.
IN Code § 6-1.1-12.4-9 (2021)
2021 Indiana Code|Title 6. Taxation|Article 1.1. Property Taxes|Chapter 12.4. Investment Deduction|6-1.1-12.4-9. Notice of Termination

Sec. 9. If an official terminates a deduction under section 8 of this chapter:(1) the official shall immediately mail a certified copy of the determination to:(A) the property owner; and(B) if the determination is made by the county assessor or the township assessor (if any), the county auditor;(2) the county auditor shall:(A) remove the deduction from the tax duplicate; and(B) notify the county treasurer of the termination of the deduction; and(3) if the official's determination to terminate the deduction occurs after the county treasurer has mailed the statement required by IC 6-1.1-22-8.1, the county treasurer shall immediately mail the property owner a revised statement that reflects the termination of the deduction.As added by P.L.193-2005, SEC.8. Amended by P.L.3-2008, SEC.40; P.L.146-2008, SEC.132.
IN Code § 6-1.1-12.4-10 (2021)
2021 Indiana Code|Title 6. Taxation|Article 1.1. Property Taxes|Chapter 12.4. Investment Deduction|6-1.1-12.4-10. Appeal of Termination

Sec. 10. A property owner whose deduction is terminated under section 8 of this chapter may appeal the official's decision by filing a complaint in the office of the clerk of the circuit or superior court together with a bond conditioned to pay the costs of the appeal if the appeal is determined against the property owner. The court shall:(1) hear an appeal under this section promptly without a jury; and(2) determine the appeal not later than thirty (30) days after the date of the filing of the appeal.The judgment of the court is final and conclusive unless an appeal is taken as in other civil actions.As added by P.L.193-2005, SEC.8.
IN Code § 6-1.1-12.4-11 (2021)
2021 Indiana Code|Title 6. Taxation|Article 1.1. Property Taxes|Chapter 12.4. Investment Deduction|6-1.1-12.4-11. Taxes Not Due While Appeal Pending

Sec. 11. If an appeal under section 10 of this chapter is pending, the taxes resulting from the termination of the deduction are not due until after the appeal is finally adjudicated and the termination of the deduction is finally determined.As added by P.L.193-2005, SEC.8.