1 | 1 | | |
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2 | 2 | | Introduced Version |
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3 | 3 | | SENATE BILL No. 218 |
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4 | 4 | | _____ |
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5 | 5 | | DIGEST OF INTRODUCED BILL |
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6 | 6 | | Citations Affected: IC 6-1.1-12-14. |
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7 | 7 | | Synopsis: Property tax exemption for qualified veterans. Provides a |
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8 | 8 | | property tax deduction for an individual or surviving spouse of an |
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9 | 9 | | individual who has been rated by the United States Department of |
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10 | 10 | | Veterans Affairs as individually unemployable. |
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11 | 11 | | Effective: July 1, 2022. |
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12 | 12 | | Mrvan |
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13 | 13 | | January 6, 2022, read first time and referred to Committee on Tax and Fiscal Policy. |
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14 | 14 | | 2022 IN 218—LS 6598/DI 116 Introduced |
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15 | 15 | | Second Regular Session of the 122nd General Assembly (2022) |
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16 | 16 | | PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana |
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17 | 17 | | Constitution) is being amended, the text of the existing provision will appear in this style type, |
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18 | 18 | | additions will appear in this style type, and deletions will appear in this style type. |
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19 | 19 | | Additions: Whenever a new statutory provision is being enacted (or a new constitutional |
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20 | 20 | | provision adopted), the text of the new provision will appear in this style type. Also, the |
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21 | 21 | | word NEW will appear in that style type in the introductory clause of each SECTION that adds |
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22 | 22 | | a new provision to the Indiana Code or the Indiana Constitution. |
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23 | 23 | | Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts |
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24 | 24 | | between statutes enacted by the 2021 Regular Session of the General Assembly. |
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25 | 25 | | SENATE BILL No. 218 |
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26 | 26 | | A BILL FOR AN ACT to amend the Indiana Code concerning |
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27 | 27 | | taxation. |
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28 | 28 | | Be it enacted by the General Assembly of the State of Indiana: |
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29 | 29 | | 1 SECTION 1. IC 6-1.1-12-14, AS AMENDED BY P.L.159-2020, |
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30 | 30 | | 2 SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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31 | 31 | | 3 JULY 1, 2022]: Sec. 14. (a) Except as provided in subsection (c) and |
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32 | 32 | | 4 except as provided in section 40.5 of this chapter, an individual may |
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33 | 33 | | 5 have the sum of fourteen thousand dollars ($14,000) deducted from the |
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34 | 34 | | 6 assessed value of the real property, mobile home not assessed as real |
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35 | 35 | | 7 property, or manufactured home not assessed as real property that the |
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36 | 36 | | 8 individual owns (or the real property, mobile home not assessed as real |
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37 | 37 | | 9 property, or manufactured home not assessed as real property that the |
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38 | 38 | | 10 individual is buying under a contract that provides that the individual |
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39 | 39 | | 11 is to pay property taxes on the real property, mobile home, or |
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40 | 40 | | 12 manufactured home if the contract or a memorandum of the contract is |
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41 | 41 | | 13 recorded in the county recorder's office) if: |
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42 | 42 | | 14 (1) the individual served in the military or naval forces of the |
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43 | 43 | | 15 United States for at least ninety (90) days; |
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44 | 44 | | 16 (2) the individual received an honorable discharge; |
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45 | 45 | | 17 (3) the individual: either: |
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46 | 46 | | 2022 IN 218—LS 6598/DI 116 2 |
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47 | 47 | | 1 (A) has a total disability; or |
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48 | 48 | | 2 (B) for the January 1, 2023, assessment date and each |
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49 | 49 | | 3 assessment date thereafter, has been rated by the United |
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50 | 50 | | 4 States Department of Veterans Affairs as individually |
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51 | 51 | | 5 unemployable; or |
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52 | 52 | | 6 (B) (C) is at least sixty-two (62) years old and has a disability |
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53 | 53 | | 7 of at least ten percent (10%); |
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54 | 54 | | 8 (4) the individual's disability is evidenced by: |
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55 | 55 | | 9 (A) a pension certificate or an award of compensation issued |
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56 | 56 | | 10 by the United States Department of Veterans Affairs; or |
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57 | 57 | | 11 (B) a certificate of eligibility issued to the individual by the |
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58 | 58 | | 12 Indiana department of veterans' affairs after the Indiana |
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59 | 59 | | 13 department of veterans' affairs has determined that the |
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60 | 60 | | 14 individual's disability qualifies the individual to receive a |
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61 | 61 | | 15 deduction under this section; and |
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62 | 62 | | 16 (5) the individual: |
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63 | 63 | | 17 (A) owns the real property, mobile home, or manufactured |
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64 | 64 | | 18 home; or |
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65 | 65 | | 19 (B) is buying the real property, mobile home, or manufactured |
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66 | 66 | | 20 home under contract; |
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67 | 67 | | 21 on the date the statement required by section 15 of this chapter is |
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68 | 68 | | 22 filed. |
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69 | 69 | | 23 (b) Except as provided in subsections (c) and (d), the surviving |
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70 | 70 | | 24 spouse of an individual may receive the deduction provided by this |
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71 | 71 | | 25 section if: |
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72 | 72 | | 26 (1) the individual satisfied the requirements of subsection (a)(1) |
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73 | 73 | | 27 through (a)(4) at the time of death; or |
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74 | 74 | | 28 (2) the individual: |
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75 | 75 | | 29 (A) was killed in action; |
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76 | 76 | | 30 (B) died while serving on active duty in the military or naval |
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77 | 77 | | 31 forces of the United States; or |
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78 | 78 | | 32 (C) died while performing inactive duty training in the military |
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79 | 79 | | 33 or naval forces of the United States; and |
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80 | 80 | | 34 the surviving spouse satisfies the requirement of subsection (a)(5) at |
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81 | 81 | | 35 the time the deduction statement is filed. The surviving spouse is |
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82 | 82 | | 36 entitled to the deduction regardless of whether the property for which |
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83 | 83 | | 37 the deduction is claimed was owned by the deceased veteran or the |
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84 | 84 | | 38 surviving spouse before the deceased veteran's death. |
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85 | 85 | | 39 (c) Except as provided in subsection (f), no one is entitled to the |
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86 | 86 | | 40 deduction provided by this section if the assessed value of the |
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87 | 87 | | 41 individual's Indiana real property, Indiana mobile home not assessed as |
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88 | 88 | | 42 real property, and Indiana manufactured home not assessed as real |
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89 | 89 | | 2022 IN 218—LS 6598/DI 116 3 |
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90 | 90 | | 1 property, as shown by the tax duplicate, exceeds the assessed value |
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91 | 91 | | 2 limit specified in subsection (d). |
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92 | 92 | | 3 (d) Except as provided in subsection (f), for the: |
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93 | 93 | | 4 (1) January 1, 2017, January 1, 2018, and January 1, 2019, |
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94 | 94 | | 5 assessment dates, the assessed value limit for purposes of |
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95 | 95 | | 6 subsection (c) is one hundred seventy-five thousand dollars |
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96 | 96 | | 7 ($175,000); and |
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97 | 97 | | 8 (2) January 1, 2020, assessment date and for each assessment date |
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98 | 98 | | 9 thereafter, the assessed value limit for purposes of subsection (c) |
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99 | 99 | | 10 is two hundred thousand dollars ($200,000). |
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100 | 100 | | 11 (e) An individual who has sold real property, a mobile home not |
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101 | 101 | | 12 assessed as real property, or a manufactured home not assessed as real |
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102 | 102 | | 13 property to another person under a contract that provides that the |
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103 | 103 | | 14 contract buyer is to pay the property taxes on the real property, mobile |
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104 | 104 | | 15 home, or manufactured home may not claim the deduction provided |
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105 | 105 | | 16 under this section against that real property, mobile home, or |
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106 | 106 | | 17 manufactured home. |
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107 | 107 | | 18 (f) For purposes of determining the assessed value of the real |
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108 | 108 | | 19 property, mobile home, or manufactured home under subsection (d) for |
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109 | 109 | | 20 an individual who has received a deduction under this section in a |
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110 | 110 | | 21 particular year, increases in assessed value that occur after the later of: |
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111 | 111 | | 22 (1) December 31, 2019; or |
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112 | 112 | | 23 (2) the first year that the individual has received the deduction; |
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113 | 113 | | 24 are not considered unless the increase in assessed value is attributable |
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114 | 114 | | 25 to physical improvements to the property. |
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115 | 115 | | 2022 IN 218—LS 6598/DI 116 |
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