Bill Text: IN HB1434 | 2013 | Regular Session | Introduced
Bill Title: Motor vehicle excise tax.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2013-02-04 - Reassigned to Committee on Ways and Means [HB1434 Detail]
Download: Indiana-2013-HB1434-Introduced.html
Citations Affected: IC 6-6-5-7.2.
Synopsis: Motor vehicle excise tax. Changes the calculation of tax
reductions, credits, and refunds relating to the acquisition, trade, sale,
or loss of a vehicle or a change in the owner's name that changes the
owner's annual registration date. Requires the calculations to reference
the days elapsed in a registration year rather than months. Applies the
new methodology to the computation of certain credits and adjustments
to the county motor vehicle excise surtax.
Effective: January 1, 2014.
January 22, 2013, read first time and referred to Committee on Roads and Transportation.
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or
A BILL FOR AN ACT to amend the Indiana Code concerning
taxation.
(b) In respect to a vehicle that has been acquired, or brought into the state, or for any other reason becomes subject to registration after the regular annual registration date in the year on or before which the owner of the vehicle is required, under the motor vehicle registration laws of Indiana, to register vehicles, the tax imposed by this chapter shall become due and payable at the time the vehicle is acquired, brought into the state, or otherwise becomes subject to registration, and the amount of tax to be paid by the owner for the remainder of the year shall be reduced by
(c) In the case of a vehicle that is acquired, or brought into the state, or for any other reason becomes subject to registration after January 1 of any year, then the owner may pay the applicable registration fee on the vehicle as provided in the motor vehicle registration laws and any excise tax due on the vehicle for the remainder of the annual registration year and simultaneously register the vehicle and pay the applicable registration fee and the excise tax due for the next succeeding annual registration year.
(d) Except as provided in subsection (g), no reduction in the applicable annual excise tax will be allowed to an Indiana resident applicant upon registration of any vehicle that was owned by the applicant on or prior to the registrant's annual registration period. A vehicle owned by an Indiana resident applicant that was located in and registered for use in another state during the same calendar year shall be entitled to the same reduction when registered in Indiana.
(e) The owner of a vehicle who sells the vehicle in a year in which the owner has paid the tax imposed by this chapter shall receive a credit equal to the remainder of:
(1) the tax paid for the vehicle; reduced by
(2)
The credit shall be applied to the tax due on any other vehicle purchased or subsequently registered by the owner in the same registrant's annual registration year. If the credit is not fully used and the amount of the credit remaining is at least four dollars ($4), the owner is entitled to a refund in the amount of the unused credit. The owner must pay a fee of three dollars ($3) to the bureau to cover costs of providing the refund, which may be deducted from the refund. The bureau shall issue the refund. The bureau shall transfer to the bureau of motor vehicles commission three dollars ($3) of the fee to cover the commission's costs in processing the refund. To claim the credit and refund provided by this subsection, the owner of the vehicle must present to the bureau proof of sale of the vehicle.
(f) Subject to the requirements of subsection (h), the owner of a vehicle that is destroyed in a year in which the owner has paid the tax imposed by this chapter, which vehicle is not replaced by a replacement vehicle for which a credit is issued under this section, shall receive a refund in an amount equal to
registration year after the date of destruction, but only upon
presentation or return to the bureau of the following:
(1) A request for refund on a form furnished by the bureau.
(2) A statement of proof of destruction on an affidavit furnished
by the bureau.
(3) The license plate from the vehicle.
(4) The registration from the vehicle.
However, the refund may not exceed ninety percent (90%) of the tax
paid on the destroyed vehicle. The amount shall be refunded by a
warrant issued by the auditor of the county that received the excise tax
revenue and shall be paid out of the special account created for
settlement of the excise tax collections under IC 6-6-5-10. For purposes
of this subsection, a vehicle is considered destroyed if the cost of repair
of damages suffered by the vehicle exceeds the vehicle's fair market
value.
(g) If the name of the owner of a vehicle is legally changed and the
change has caused a change in the owner's annual registration date, the
excise tax liability of the owner shall be adjusted as follows:
(1) If the name change requires the owner to register sooner than
the owner would have been required to register if there had been
no name change, the owner shall, at the time the name change is
reported, be authorized a refund from the county treasurer in the
amount of the product of:
(A) eight and thirty-three twenty-seven hundredths percent
(8.33%) (0.27%) of the owner's last preceding annual excise
tax liability; and
(B) the number of full calendar months days between the
owner's new regular annual registration month date and the
next succeeding regular annual registration month date that is
based on the owner's former name.
(2) If the name change required the owner to register later than
the owner would have been required to register if there had been
no name change, the vehicle shall be subject to excise tax for the
period between the month in annual registration date on which
the owner would have been required to register if there had been
no name change and the new regular annual registration month
date in the amount of the product of:
(A) eight and thirty-three twenty-seven hundredths percent
(8.33%) (0.27%) of the owner's excise tax liability computed
as of the time the owner would have been required to register
if there had been no name change; and
(B) the number of full calendar months days between the
month in annual registration date on which the owner would
have been required to register if there had been no name
change and the owner's new regular annual registration month.
date.
(h) In order to claim a credit under subsection (f) for a vehicle that
is destroyed, the owner of the vehicle must present to the bureau of
motor vehicles a valid registration for the vehicle within ninety (90)
days of the date that it was destroyed. The bureau shall then fix the
amount of the credit that the owner is entitled to receive.
(b) This SECTION expires July 1, 2014.
