Bill Text: IN SB0166 | 2013 | Regular Session | Introduced


Bill Title: Vehicle excise tax credit for certain veterans.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2013-01-07 - First reading: referred to Committee on Homeland Security, Transportation and Veterans Affairs [SB0166 Detail]

Download: Indiana-2013-SB0166-Introduced.html


Introduced Version






SENATE BILL No. 166

_____


DIGEST OF INTRODUCED BILL



Citations Affected: IC 6-1.1-12-15.5; IC 6-6-5.

Synopsis: Vehicle excise tax credit for certain veterans. Allows certain disabled veterans, surviving spouses of certain disabled veterans, and World War I veterans or their surviving spouses to claim a credit against the annual motor vehicle excise tax regardless of whether the veteran or surviving spouse owns or is buying other real or personal property against which the veteran or surviving spouse may claim a property tax deduction for disabled veterans, surviving spouses of disabled veterans, or World War I veterans or their surviving spouses.

Effective: July 1, 2013.





Glick




    January 7, 2013, read first time and referred to Committee on Homeland Security, Transportation and Veterans Affairs.







Introduced

First Regular Session 118th General Assembly (2013)


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 this style type.
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SENATE BILL No. 166



    A BILL FOR AN ACT to amend the Indiana Code concerning taxation.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 6-1.1-12-15.5; (13)IN0166.1.1. -->     SECTION 1. IC 6-1.1-12-15.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 15.5. (a) If:
        (1)
an individual fails to qualify for the deduction provided by section 13, 14, or 16 of this chapter only because the individual:
            (A) does not own tangible property;
            (B) is not buying real property, a mobile home not assessed as real property, or a manufactured home not assessed as real property under a contract that provides that the individual is to pay property taxes on the real property, mobile home, or manufactured home; or
            (C) is buying real property, a mobile home not assessed as real property, or a manufactured home not assessed as real property under a contract that provides that the individual is to pay property taxes on the real property, mobile home, or manufactured home, but the contract or a

memorandum of the contract is not recorded in the county recorder's office; and
        (2) the individual desires to claim the credit against the annual license excise tax provided by IC 6-6-5-5.7;
the individual
must file a statement with the auditor of the county in which the individual resides. The statement must be filed during the year for which the individual desires to claim the credit. The statement must contain a sworn declaration that the individual is entitled to the credit.
     (b) If:
        (1)
an individual fails to qualify for the deduction provided by section 17.4 of this chapter only because the individual:
            (A) does not own real property, a mobile home not assessed as real property, or a manufactured home not assessed as real property;
            (B) is not buying real property, a mobile home not assessed as real property, or a manufactured home not assessed as real property under a contract that provides that the individual is to pay property taxes on the real property, mobile home, or manufactured home; or
            (C) is buying real property, a mobile home not assessed as real property, or a manufactured home not assessed as real property under a contract that provides that the individual is to pay property taxes on the real property, mobile home, or manufactured home, but the contract or a memorandum of the contract is not recorded in the county recorder's office; and
        (2) the individual desires to claim the credit against the annual license excise tax provided by IC 6-6-5-5.7;
the individual
must file a statement with the auditor of the county in which the individual resides. The statement must be filed during the year for which the individual desires to claim the credit. The statement must contain a sworn declaration that the individual is entitled to the credit.
     (c) An individual who has filed a statement under subsection (a) or (b), who receives a credit under IC 6-6-5-5.7 in a particular year, and who remains eligible in the following year is not required to file another statement to apply for the credit in a subsequent year.

SOURCE: IC 6-6-5-5; (13)IN0166.1.2. -->     SECTION 2. IC 6-6-5-5 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 5. (a) The amount of tax imposed by this chapter shall be based upon the classification of the vehicle, as

provided in section 4 of this chapter, and the age of the vehicle, in accordance with the schedule set out in subsection (b) or (c). or (d).
    (b) A person who owns a vehicle and who is entitled to a property tax deduction under IC 6-1.1-12-13, IC 6-1.1-12-14, IC 6-1.1-12-16, or IC 6-1.1-12-17.4 is entitled to a credit against the annual license excise tax as follows: Any remaining deduction from assessed valuation to which the person is entitled, applicable to property taxes payable in the year in which the excise tax imposed by this chapter is due, after allowance of the deduction on real estate and personal property owned by the person, shall reduce the annual excise tax in the amount of two dollars ($2) on each one hundred dollars ($100) of taxable value or major portion thereof. The county auditor shall, upon request, furnish a certified statement to the person verifying the credit allowable under this section and the statement shall be presented to and retained by the bureau to support the credit.
    (c) (b) After January 1, 1996, the tax schedule is as follows:
    Year of
Manufacture    I     II     III     IV     V
1st    $12     $36     $50     $50     $66
2nd    12     30     50     50     57
3rd    12     27     42     50     50
4th    12     24     33     50     50
5th    12     18     24     48     50
6th    12     12     18     36     50
7th    12     12     12     24     42
8th    12     12     12     18     24
9th    12     12     12     12     12
10th    12     12     12     12     12
and thereafter
    Year of
Manufacture    VI     VII     VIII     IX     X
1st    $84     $103     $123     $150     $172
2nd    74     92     110     134     149
3rd    63     77     93     115     130
4th    52     64     78     98     112
5th    50     52     64     82     96
6th    50     50     50     65     79
7th    49     50     50     52     65
8th    30     40     50     50     53
9th    18     21     34     40     50
10th    12     12     12     12     12
and thereafter


    Year of
Manufacture    XI     XII     XIII     XIV     XV
1st    $207     $250     $300     $350     $406
2nd    179     217     260     304     353
3rd    156     189     225     265     307
4th    135     163     184     228     257
5th    115     139     150     195     210
6th    94     114     121     160     169
7th    78     94     96     132     134
8th    64     65     65     91     91
9th    50     50     50     50     50
10th    21     26     30     36     42
and thereafter
    Year of
Manufacture    XVI     XVII
1st    $469     $532
2nd    407     461
3rd    355     398
4th    306     347
5th    261     296
6th    214     242
7th    177     192
8th    129     129
9th    63     63
10th    49     50
and thereafter.
    (d) (c) Every vehicle shall be taxed as a vehicle in its first year of manufacture throughout the calendar year in which vehicles of that make and model are first offered for sale in Indiana, except that a vehicle of a make and model first offered for sale in Indiana after August 1 of any year shall continue to be taxed as a vehicle in its first year of manufacture until the end of the calendar year following the year in which it is first offered for sale. Thereafter, the vehicle shall be considered to have aged one (1) year as of January 1 of each year.
SOURCE: IC 6-6-5-5.7; (13)IN0166.1.3. -->     SECTION 3. IC 6-6-5-5.7 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 5.7. (a) The following definitions apply throughout this section:
        (1) "Eligible veteran or surviving spouse" means any of the following:
            (A) A World War I veteran who is a resident of Indiana.
            (B) An individual described in subdivision (2), (3), or (4).
        (2) "Partially disabled veteran" means an individual:

             (A) who meets the conditions specified in IC 6-1.1-12-13(a)(1) through IC 6-1.1-12-13(a)(3); and
            (B) whose disability is evidenced by:
                (i) a pension certificate, an award of compensation, or a disability compensation check issued by the United States Department of Veterans Affairs; or
                (ii) a certificate of eligibility issued to the individual by the Indiana department of veterans' affairs after the Indiana department of veterans' affairs has determined that the individual meets the conditions specified in clause (A).
        (3) "Surviving spouse" means a surviving spouse:
            (A) whose deceased spouse is described by subdivision (2) or (4) at the time of the deceased spouse's death; or
            (B) who is described in IC 6-1.1-12-16(a)(1) and IC 6-1.1-12-16(a)(2).
        (4) "Totally disabled veteran" means an individual:
            (A) who meets the conditions specified in IC 6-1.1-12-14(a)(1) through IC 6-1.1-12-14(a)(3); and
            (B) whose disability is evidenced by:
                (i) a pension certificate, an award of compensation, or a disability compensation check issued by the United States Department of Veterans Affairs; or
                (ii) a certificate of eligibility issued to the individual by the Indiana department of veterans' affairs after the Indiana department of veterans' affairs has determined that the individual meets the conditions specified in clause (A).
    (b) Each year, an eligible veteran or surviving spouse who owns a vehicle is entitled to a credit against the annual license excise tax in an amount determined in STEP FOUR of the following STEPS:
        STEP ONE: Determine the applicable maximum property tax deduction from among the following:
            (A) If an eligible veteran or surviving spouse is a World War I veteran who is a resident of Indiana, the result of this STEP is the amount of the deduction specified in IC 6-1.1-12-17.4(a).
            (B) If an eligible veteran or surviving spouse is a partially disabled veteran or the surviving spouse of a partially disabled veteran, the result of this STEP is the amount of the deduction specified in IC 6-1.1-12-13(a).
            (C) If an eligible veteran or surviving spouse is a surviving spouse described in subsection (a)(3)(B), the result of this STEP is the amount of the deduction specified in IC 6-1.1-12-16(a).
            (D) If an eligible veteran or surviving spouse is a totally disabled veteran or the surviving spouse of a totally disabled veteran, the result of this STEP is the amount of the deduction specified in IC 6-1.1-12-14(a).
        STEP TWO: Determine the amount of the property tax deduction that the eligible veteran or surviving spouse is actually claiming for the year under IC 6-1.1-12-13, IC 6-1.1-12-14, IC 6-1.1-12-16, or IC 6-1.1-12-17.4, as applicable.

         STEP THREE: Determine:
            (A) the STEP ONE result; minus
            (B) the STEP TWO result.
        STEP FOUR: Multiply:
            (A) the STEP THREE result; by
            (B) two percent (2%);
        rounding the result to the nearest dollar.
    (c) The county auditor shall, upon request, furnish a certified statement to the person verifying the credit allowable under this section and the statement shall be presented to and retained by the bureau to support the credit.

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