CHAPTER 12.7. DEDUCTION FOR PERSONAL PROPERTY WITHIN A CERTIFIED TECHNOLOGY PARK
IC 6-1.1-12.7
Chapter 12.7. Deduction for Personal Property Within a CertifiedTechnology Park
IC 6-1.1-12.7-1
"Certified technology park"
Sec. 1. As used in this chapter, "certified technology park" refersto a certified technology park that is:
(1) established under IC 36-7-32; and
(2) certified as of the assessment date for which the deductionunder this chapter is claimed.
As added by P.L.113-2010, SEC.28.
IC 6-1.1-12.7-2
"High technology activity"
Sec. 2. As used in this chapter, "high technology activity" has themeaning set forth in IC 36-7-32-7.
As added by P.L.113-2010, SEC.28.
IC 6-1.1-12.7-3
"Qualified personal property"
Sec. 3. As used in this chapter, "qualified personal property"means personal property that is:
(1) assessed for the first time after December 31, 2010;
(2) located within a certified technology park;
(3) primarily used to conduct high technology activity; and
(4) not part of the assessed value for which a personal propertytax allocation has been made for the payment of the principal ofand interest on bonds or lease rentals under IC 5-28-26,IC 6-1.1-39, IC 8-22-3.5, IC 36-7-14, IC 36-7-14.5,IC 36-7-15.1, IC 36-7-30, IC 36-7-30.5, or IC 36-7-32.
The term does not include personal property that is used primarilyfor routine administrative purposes such as office communications,accounting, record keeping, and human resources.
As added by P.L.113-2010, SEC.28.
IC 6-1.1-12.7-4
Ordinance authorizing deduction
Sec. 4. (a) A county fiscal body may adopt an ordinance providingthat a deduction applies to the assessed value of qualified personalproperty located in the county. The deduction is equal to one hundredpercent (100%) of the assessed value of qualified personal propertylocated in the county for each calendar year specified in theordinance. An ordinance adopted under this section must be adoptedbefore January 1 of the first assessment year for which a taxpayermay claim a deduction under the ordinance.
(b) An ordinance adopted under subsection (a) must specify thenumber of assessment years that a deduction is allowed under thischapter. However, a deduction may not be allowed for:
(1) less than two (2) assessment years; or (2) more than ten (10) assessment years.
(c) The fiscal body shall send a certified copy of the ordinanceadopted under subsection (a) to the county assessor, the countyauditor, and the Indiana economic development corporation. Subjectto this chapter, the fiscal body's determination of the number of yearsthe deduction is allowed is final and may not be changed.
(d) An ordinance adopted under subsection (a) may not allow adeduction for qualified personal property installed after March 1,2015.
As added by P.L.113-2010, SEC.28.
IC 6-1.1-12.7-5
Review; Indiana economic development corporation
Sec. 5. The Indiana economic development corporation shallreview an ordinance adopted under this chapter and determinewhether it is in the best interest of the development of the certifiedtechnology park to permit the deduction. The Indiana economicdevelopment corporation, after conducting a hearing, may approvethe ordinance, approve the ordinance with modifications, ordisapprove the ordinance. An owner of qualified personal propertyis eligible for a deduction under this chapter only to the extentpermitted under an ordinance (as modified by the Indiana economicdevelopment corporation) that is approved under this section.
As added by P.L.113-2010, SEC.28.
IC 6-1.1-12.7-6
Certified deduction schedule; review by county assessor; appeal
Sec. 6. (a) To obtain the deduction under this chapter, an ownerof qualified personal property must file a certified deductionschedule with the county assessor in which the qualified personalproperty is located. The department of local government financeshall prescribe the form of the schedule. A schedule must be filed foreach year the deduction is being claimed.
(b) The schedule must be filed with:
(1) a timely personal property return under IC 6-1.1-3-7(a) orIC 6-1.1-3-7(b); or
(2) a timely amended personal property return underIC 6-1.1-3-7.5.
The county assessor shall forward to the county auditor a copy ofeach schedule filed.
(c) The schedule must contain at least the following information:
(1) The name of the owner of the qualified personal property.
(2) A description of the qualified personal property and theaddress of the real estate on which it is located.
(3) Documentation that the qualified personal property islocated within a certified technology park.
(4) Documentation that the qualified personal property isprimarily used to conduct high technology activity.
(d) The deduction applies to the qualified personal propertyclaimed in a schedule. However, the county assessor may: (1) review the schedule; and
(2) before the March 1 that next succeeds the assessment datefor which the deduction is claimed, deny or alter the amount ofthe deduction.
If the county assessor does not deny the deduction, the countyauditor shall apply the deduction in the amount claimed in theschedule or in the amount as altered by the county assessor. A countyassessor who denies a deduction under this subsection or alters theamount of the deduction shall notify the person that claimed thededuction and the county auditor of the assessor's determination.
(e) A person may appeal a determination by the county assessorto deny or alter the amount of the deduction by requesting in writing,not more than forty-five (45) days after the county assessor gives theperson notice of the determination, a meeting with the countyassessor. An appeal initiated under this subsection must be processedand determined in the same manner that an appeal is processed anddetermined under IC 6-1.1-15. However, the county assessor may notparticipate in any action the county property tax assessment board ofappeals takes with respect to an appeal of a determination by thecounty assessor.
As added by P.L.113-2010, SEC.28.