Bill Text: IN SB0344 | 2010 | Regular Session | Introduced
Bill Title: Income tax credit for manufactured home purchase.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2010-01-11 - First reading: referred to Committee on Tax and Fiscal Policy [SB0344 Detail]
Download: Indiana-2010-SB0344-Introduced.html
Citations Affected: IC 6-3.1-33.
Synopsis: Income tax credit for manufactured home purchase.
Provides a refundable income tax credit to a purchaser of a new
replacement manufactured home that is energy efficient if: (1) the
replaced mobile or manufactured home was constructed before 1981;
(2) the replaced mobile or manufactured home will be destroyed
(including appropriate recycling) and replaced, in the same general
location with the new manufactured home; (3) the owner of the new
manufactured home was the owner of the replaced mobile or
manufactured home; (4) the owner uses the replaced mobile or
manufactured home and used, in 2010, the new manufactured home as
a primary residence on a year-round basis; and (5) the owner agrees to
use the new manufactured home as the owner's primary residence for
2011 through 2013. Requires an agreement between the taxpayer and
the department setting forth these conditions. Limits the credit to the
lesser of 20% of the purchase price of the new manufactured home or
$8,000. Requires for three years after receiving a credit that the
taxpayer certify that the conditions are being met. Provides for the
recapture of the tax credit if any one of the conditions is not satisfied.
Provides that the tax credit is available only for purchases during 2010.
Effective: January 1, 2010 (retroactive).
January 11, 2010, read first time and referred to Committee on Tax and Fiscal Policy.
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A BILL FOR AN ACT to amend the Indiana Code concerning
taxation.
Chapter 33. Manufactured Home Energy Savings Tax Credit
Sec. 1. This chapter applies only to taxable years beginning in 2010.
Sec. 2. As used in this chapter, "energy efficient manufactured home" means a new manufactured home that is manufactured in Indiana and that:
(1) has been designed, produced, and installed in accordance with the federal energy star's guidelines at a plant certified under the federal energy star program established by Section 324A of the federal Energy Policy and Conservation Act (42 U.S.C. 6492a; or
(2) the manufacturer demonstrates by design, standards, appliances, or other technology that the manufactured home is more energy efficient than the mobile or manufactured
home it replaces.
Sec. 3. As used in this chapter, "manufactured home" has the
meaning set forth in 42 U.S.C. 5402(6).
Sec. 4. As used in this chapter, "state tax liability" means the
taxpayer's total tax liability that is incurred under IC 6-3-1
through IC 6-3-7 (the adjusted gross income tax) as computed after
the application of the credits that, under IC 6-3.1-1-2, are to be
applied before the credit provided by this chapter.
Sec. 5. As used in this chapter, "taxpayer" means:
(1) an individual filing a single return; or
(2) a married couple filing a joint return;
that has any state tax liability.
Sec. 6. (a) The tax credit under this chapter is to provide
support to households residing in mobile or manufactured homes
constructed before 1981 for the purchase of a new energy efficient
manufactured home. A taxpayer is entitled to a credit against the
taxpayer's state tax liability for a taxable year equal to the lesser
of the following:
(1) Twenty percent (20%) of the amount paid by the taxpayer
for the new energy efficient manufactured home; or
(2) eight thousand dollars ($8,000).
(b) A tax credit under this section may be granted only if the
taxpayer signs an agreement with the department and certifies for
the three (3) taxable years after the taxable year for which the
credit is claimed that the following conditions are satisfied:
(1) The replaced mobile or manufactured home was
constructed before 1981.
(2) The replaced mobile or manufactured home was destroyed
(including appropriate recycling) and replaced, in the same
general location with the new energy efficient manufactured
home during 2010.
(3) The owner of the new energy efficient manufactured home
is the owner of the replaced manufactured home.
(4) The owner used the replaced mobile or manufactured
home and will and, in 2010, uses the new energy efficient
manufactured home as a primary residence on a year-round
basis.
(5) The owner certifies that the owner will use the new energy
efficient manufactured home as the owner's primary
residence on a year-round basis for 2011, 2012, and 2013.
(c) A tax credit under this chapter may not be provided to any
owner of a manufactured home who was or is a member of a
household for which any member of that same household was
provided a tax credit under this chapter.
Sec. 7. The amount of a credit claimed under this chapter may
exceed a qualified taxpayer's state tax liability, and the taxpayer is
entitled to a refund of any unused credit. Money is appropriated
from the state general fund to make the refund.
Sec. 8. (a) If a taxpayer (or any successor in interest of the
taxpayer) fails to satisfy any condition of this chapter or any
condition in an agreement under this chapter, the department shall
recapture all of the tax credit under this chapter that has been
applied to the state tax liability of the taxpayer (or any successor
in interest of the taxpayer).
(b) A taxpayer may not receive a credit under this chapter
unless the taxpayer:
(1) consents that the taxpayer (and any successor in interest
of the taxpayer) will be subject to the jurisdiction of Indiana
courts;
(2) consents that service of process in accordance with the
Indiana Rules of Trial Procedure is proper service and
subjects the taxpayer (and any successor in interest of the
taxpayer) to the jurisdiction of Indiana courts; and
(3) consents that any civil action related to this chapter and in
which the taxpayer (or any successor in interest of the
taxpayer) is a party will be heard in an Indiana court.
Sec. 9. A taxpayer may not sell, assign, convey, or otherwise
transfer the tax credit provided by this chapter.
Sec. 10. A taxpayer may not be awarded a credit under this
chapter for taxable years beginning after December 31, 2010.
Sec. 11. To receive the credit provided by this chapter, a
taxpayer must claim the credit on the taxpayer's annual state tax
return or returns in the manner prescribed by the department. The
taxpayer shall submit to the department all information that the
department determines is necessary for the calculation of the credit
provided by this chapter.
