Indiana 2023 Regular Session

Indiana Senate Bill SB0355 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	Introduced Version
3	3	SENATE BILL No. 355
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 6-1.1; IC 6-6-5.
7	7	Synopsis: Property tax matters. Repeals the property tax deduction for
8	8	a surviving spouse of a WWI veteran. Makes certain changes to the
9	9	qualification requirements and amounts for the deduction for
10	10	individuals who are at least 65 years of age and the additional credit for
11	11	certain homesteads. Requires the true tax value of a privately owned
12	12	wastewater facility to be determined by applying the income
13	13	capitalization approach. Provides that, if the application of the income
14	14	capitalization method for an assessment year results in a zero or
15	15	negative assessment, the privately owned wastewater facility is exempt
16	16	from property taxation for that assessment year. Makes corresponding
17	17	changes.
18	18	Effective: July 1, 2023; January 1, 2024.
19	19	Rogers
20	20	January 17, 2023, read first time and referred to Committee on Tax and Fiscal Policy.
21	21	2023 IN 355—LS 7058/DI 120 Introduced
22	22	First Regular Session of the 123rd General Assembly (2023)
23	23	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
24	24	Constitution) is being amended, the text of the existing provision will appear in this style type,
25	25	additions will appear in this style type, and deletions will appear in this style type.
26	26	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
27	27	provision adopted), the text of the new provision will appear in this style type. Also, the
28	28	word NEW will appear in that style type in the introductory clause of each SECTION that adds
29	29	a new provision to the Indiana Code or the Indiana Constitution.
30	30	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
31	31	between statutes enacted by the 2022 Regular Session of the General Assembly.
32	32	SENATE BILL No. 355
33	33	A BILL FOR AN ACT to amend the Indiana Code concerning
34	34	taxation.
35	35	Be it enacted by the General Assembly of the State of Indiana:
36	36	1 SECTION 1. IC 6-1.1-12-9, AS AMENDED BY P.L.174-2022,
37	37	2 SECTION 19, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
38	38	3 JANUARY 1, 2024]: Sec. 9. (a) An individual may obtain a deduction
39	39	4 from the assessed value of the individual's real property, or mobile
40	40	5 home or manufactured home which is not assessed as real property, if:
41	41	6 (1) the individual is at least sixty-five (65) years of age on or
42	42	7 before December 31 of the calendar year preceding the year in
43	43	8 which the deduction is claimed;
44	44	9 (2) for assessment dates before January 1, 2020, the combined
45	45	10 adjusted gross income (as defined in Section 62 of the Internal
46	46	11 Revenue Code) of:
47	47	12 (A) the individual and the individual's spouse; or
48	48	13 (B) the individual and all other individuals with whom:
49	49	14 (i) the individual shares ownership; or
50	50	15 (ii) the individual is purchasing the property under a
51	51	16 contract;
52	52	17 as joint tenants or tenants in common;
53	53	2023 IN 355—LS 7058/DI 120 2
54	54	1 for the calendar year preceding the year in which the deduction is
55	55	2 claimed did not exceed twenty-five thousand dollars ($25,000);
56	56	3 (3) for assessment dates after December 31, 2019:
57	57	4 (A) the individual had, in the case of an individual who filed
58	58	5 a single return, adjusted gross income (as defined in Section
59	59	6 62 of the Internal Revenue Code) not exceeding thirty
60	60	7 thousand dollars ($30,000), and beginning for the January
61	61	8 1, 2024, assessment date, and each assessment date
62	62	9 thereafter, adjusted annually by an amount equal to the
63	63	10 percentage cost of living increase applied for social
64	64	11 security benefits;
65	65	12 (B) the individual had, in the case of an individual who filed
66	66	13 a joint income tax return with the individual's spouse,
67	67	14 combined adjusted gross income (as defined in Section 62 of
68	68	15 the Internal Revenue Code) not exceeding forty thousand
69	69	16 dollars ($40,000), and beginning for the January 1, 2024,
70	70	17 assessment date, and each assessment date thereafter,
71	71	18 adjusted annually by an amount equal to the percentage
72	72	19 cost of living increase applied for social security benefits;
73	73	20 or
74	74	21 (C) the combined adjusted gross income (as defined in Section
75	75	22 62 of the Internal Revenue Code) of the individual and all
76	76	23 other individuals with whom:
77	77	24 (i) the individual shares ownership; or
78	78	25 (ii) the individual is purchasing the property under a
79	79	26 contract;
80	80	27 as joint tenants or tenants in common did not exceed forty
81	81	28 thousand dollars ($40,000), and beginning for the January
82	82	29 1, 2024, assessment date, and each assessment date
83	83	30 thereafter, adjusted annually by an amount equal to the
84	84	31 percentage cost of living increase applied for social
85	85	32 security benefits;
86	86	33 for the calendar year preceding by two (2) years the calendar year
87	87	34 in which the property taxes are first due and payable;
88	88	35 (4) the individual has owned the real property, mobile home, or
89	89	36 manufactured home for at least one (1) year before claiming the
90	90	37 deduction; or the individual has been buying the real property,
91	91	38 mobile home, or manufactured home under a contract that
92	92	39 provides that the individual is to pay the property taxes on the real
93	93	40 property, mobile home, or manufactured home for at least one (1)
94	94	41 year before claiming the deduction, and the contract or a
95	95	42 memorandum of the contract is recorded in the county recorder's
96	96	2023 IN 355—LS 7058/DI 120 3
97	97	1 office;
98	98	2 (5) for assessment dates:
99	99	3 (A) before January 1, 2020, the individual and any individuals
100	100	4 covered by subdivision (2)(B) reside on the real property,
101	101	5 mobile home, or manufactured home; or
102	102	6 (B) after December 31, 2019, the individual and any
103	103	7 individuals covered by subdivision (3)(C) reside on the real
104	104	8 property, mobile home, or manufactured home;
105	105	9 (6) except as provided in subsection (i), the assessed value of the
106	106	10 real property, mobile home, or manufactured home does not
107	107	11 exceed two hundred forty thousand dollars ($240,000). three
108	108	12 hundred twenty thousand dollars ($320,000).
109	109	13 (7) the individual receives no other property tax deduction for the
110	110	14 year in which the deduction is claimed, except the deductions
111	111	15 provided by sections 37, (for assessment dates after February 28,
112	112	16 2008) 37.5, and 38 of this chapter; and
113	113	17 (8) the person:
114	114	18 (A) owns the real property, mobile home, or manufactured
115	115	19 home; or
116	116	20 (B) is buying the real property, mobile home, or manufactured
117	117	21 home under contract;
118	118	22 on the date the statement required by section 10.1 of this chapter
119	119	23 is filed.
120	120	24 (b) Except as provided in subsection (h), in the case of real property,
121	121	25 an individual's deduction under this section equals the following: lesser
122	122	26 of:
123	123	27 (1) If the assessed value of the real property does not exceed
124	124	28 two hundred forty thousand dollars ($240,000), the lesser of:
125	125	29 (A) one-half (1/2) of the assessed value of the real property; or
126	126	30 (2) (B) fourteen thousand dollars ($14,000).
127	127	31 (2) If the assessed value of the real property exceeds two
128	128	32 hundred forty thousand dollars ($240,000), but does not
129	129	33 exceed two hundred eighty thousand dollars ($280,000), nine
130	130	34 thousand three hundred thirty-three dollars ($9,333).
131	131	35 (3) If the assessed value of the real property exceeds two
132	132	36 hundred eighty thousand dollars ($280,000), but does not
133	133	37 exceed three hundred twenty thousand dollars ($320,000),
134	134	38 three thousand six hundred sixty-six dollars ($3,666).
135	135	39 (4) If the assessed value of the real property exceeds three
136	136	40 hundred twenty thousand dollars ($320,000), zero dollars ($0).
137	137	41 (c) Except as provided in subsection (h) and section 40.5 of this
138	138	42 chapter, in the case of a mobile home that is not assessed as real
139	139	2023 IN 355—LS 7058/DI 120 4
140	140	1 property or a manufactured home which is not assessed as real
141	141	2 property, an individual's deduction under this section equals the
142	142	3 following: lesser of:
143	143	4 (1) If the assessed value of the mobile home that is not
144	144	5 assessed as real property or a manufactured home does not
145	145	6 exceed two hundred forty thousand dollars ($240,000), the
146	146	7 lesser of:
147	147	8 (A) one-half (1/2) of the assessed value of the mobile home or
148	148	9 manufactured home; or
149	149	10 (2) (B) fourteen thousand dollars ($14,000).
150	150	11 (2) If the assessed value of the mobile home that is not
151	151	12 assessed as real property or a manufactured home exceeds
152	152	13 two hundred forty thousand dollars ($240,000), but does not
153	153	14 exceed two hundred eighty thousand dollars ($280,000), nine
154	154	15 thousand three hundred thirty-three dollars ($9,333).
155	155	16 (3) If the assessed value of the mobile home that is not
156	156	17 assessed as real property or a manufactured home exceeds
157	157	18 two hundred eighty thousand dollars ($280,000), but does not
158	158	19 exceed three hundred twenty thousand dollars ($320,000),
159	159	20 three thousand six hundred sixty-six dollars ($3,666).
160	160	21 (4) If the assessed value of the mobile home that is not
161	161	22 assessed as real property or a manufactured home exceeds
162	162	23 three hundred twenty thousand dollars ($320,000), zero
163	163	24 dollars ($0).
164	164	25 (d) An individual may not be denied the deduction provided under
165	165	26 this section because the individual is absent from the real property,
166	166	27 mobile home, or manufactured home while in a nursing home or
167	167	28 hospital.
168	168	29 (e) For purposes of this section, if real property, a mobile home, or
169	169	30 a manufactured home is owned by:
170	170	31 (1) tenants by the entirety;
171	171	32 (2) joint tenants; or
172	172	33 (3) tenants in common;
173	173	34 only one (1) deduction may be allowed. However, the age requirement
174	174	35 is satisfied if any one (1) of the tenants is at least sixty-five (65) years
175	175	36 of age.
176	176	37 (f) A surviving spouse is entitled to the deduction provided by this
177	177	38 section if:
178	178	39 (1) the surviving spouse is at least sixty (60) years of age on or
179	179	40 before December 31 of the calendar year preceding the year in
180	180	41 which the deduction is claimed;
181	181	42 (2) the surviving spouse's deceased husband or wife was at least
182	182	2023 IN 355—LS 7058/DI 120 5
183	183	1 sixty-five (65) years of age at the time of a death;
184	184	2 (3) the surviving spouse has not remarried; and
185	185	3 (4) the surviving spouse satisfies the requirements prescribed in
186	186	4 subsection (a)(2) through (a)(8).
187	187	5 (g) An individual who has sold real property to another person
188	188	6 under a contract that provides that the contract buyer is to pay the
189	189	7 property taxes on the real property may not claim the deduction
190	190	8 provided under this section against that real property.
191	191	9 (h) In the case of tenants covered by subsection (a)(2)(B) or
192	192	10 (a)(3)(C), if all of the tenants are not at least sixty-five (65) years of
193	193	11 age, the deduction allowed under this section shall be reduced by an
194	194	12 amount equal to the deduction multiplied by a fraction. The numerator
195	195	13 of the fraction is the number of tenants who are not at least sixty-five
196	196	14 (65) years of age, and the denominator is the total number of tenants.
197	197	15 (i) For purposes of determining the assessed value of the real
198	198	16 property, mobile home, or manufactured home under subsection (a)(6)
199	199	17 for an individual who has received a deduction under this section in a
200	200	18 previous year, increases in assessed value that occur after the later of:
201	201	19 (1) December 31, 2019; or
202	202	20 (2) the first year that the individual has received the deduction;
203	203	21 are not considered unless the increase in assessed value is attributable
204	204	22 to substantial renovation or new improvements. Where there is an
205	205	23 increase in assessed value for purposes of the deduction under this
206	206	24 section, the assessor shall provide a report to the county auditor
207	207	25 describing the substantial renovation or new improvements, if any, that
208	208	26 were made to the property prior to the increase in assessed value.
209	209	27 SECTION 2. IC 6-1.1-12-13, AS AMENDED BY P.L.293-2013(ts),
210	210	28 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
211	211	29 JULY 1, 2023]: Sec. 13. (a) Except as provided in section 40.5 of this
212	212	30 chapter, an individual may have twenty-four thousand nine hundred
213	213	31 sixty dollars ($24,960) deducted from the assessed value of the taxable
214	214	32 tangible property that the individual owns, or real property, a mobile
215	215	33 home not assessed as real property, or a manufactured home not
216	216	34 assessed as real property that the individual is buying under a contract
217	217	35 that provides that the individual is to pay property taxes on the real
218	218	36 property, mobile home, or manufactured home, if the contract or a
219	219	37 memorandum of the contract is recorded in the county recorder's office
220	220	38 and if:
221	221	39 (1) the individual served in the military or naval forces of the
222	222	40 United States during any of its wars;
223	223	41 (2) the individual received an honorable discharge;
224	224	42 (3) the individual has a disability with a service connected
225	225	2023 IN 355—LS 7058/DI 120 6
226	226	1 disability of ten percent (10%) or more;
227	227	2 (4) the individual's disability is evidenced by:
228	228	3 (A) a pension certificate, an award of compensation, or a
229	229	4 disability compensation check issued by the United States
230	230	5 Department of Veterans Affairs; or
231	231	6 (B) a certificate of eligibility issued to the individual by the
232	232	7 Indiana department of veterans' affairs after the Indiana
233	233	8 department of veterans' affairs has determined that the
234	234	9 individual's disability qualifies the individual to receive a
235	235	10 deduction under this section; and
236	236	11 (5) the individual:
237	237	12 (A) owns the real property, mobile home, or manufactured
238	238	13 home; or
239	239	14 (B) is buying the real property, mobile home, or manufactured
240	240	15 home under contract;
241	241	16 on the date the statement required by section 15 of this chapter is
242	242	17 filed.
243	243	18 (b) The surviving spouse of an individual may receive the deduction
244	244	19 provided by this section if the individual satisfied the requirements of
245	245	20 subsection (a)(1) through (a)(4) at the time of death and the surviving
246	246	21 spouse satisfies the requirement of subsection (a)(5) at the time the
247	247	22 deduction statement is filed. The surviving spouse is entitled to the
248	248	23 deduction regardless of whether the property for which the deduction
249	249	24 is claimed was owned by the deceased veteran or the surviving spouse
250	250	25 before the deceased veteran's death.
251	251	26 (c) One who receives the deduction provided by this section may not
252	252	27 receive the deduction provided by section 16 of this chapter. However,
253	253	28 the individual may receive any other property tax deduction which the
254	254	29 individual is entitled to by law.
255	255	30 (d) (c) An individual who has sold real property, a mobile home not
256	256	31 assessed as real property, or a manufactured home not assessed as real
257	257	32 property to another person under a contract that provides that the
258	258	33 contract buyer is to pay the property taxes on the real property, mobile
259	259	34 home, or manufactured home may not claim the deduction provided
260	260	35 under this section against that real property, mobile home, or
261	261	36 manufactured home.
262	262	37 SECTION 3. IC 6-1.1-12-16 IS REPEALED [EFFECTIVE JULY
263	263	38 1, 2023]. Sec. 16. (a) Except as provided in section 40.5 of this chapter,
264	264	39 a surviving spouse may have the sum of eighteen thousand seven
265	265	40 hundred twenty dollars ($18,720) deducted from the assessed value of
266	266	41 his or her tangible property, or real property, mobile home not assessed
267	267	42 as real property, or manufactured home not assessed as real property
268	268	2023 IN 355—LS 7058/DI 120 7
269	269	1 that the surviving spouse is buying under a contract that provides that
270	270	2 the surviving spouse is to pay property taxes on the real property,
271	271	3 mobile home, or manufactured home, if the contract or a memorandum
272	272	4 of the contract is recorded in the county recorder's office, and if:
273	273	5 (1) the deceased spouse served in the military or naval forces of
274	274	6 the United States before November 12, 1918;
275	275	7 (2) the deceased spouse received an honorable discharge; and
276	276	8 (3) the surviving spouse:
277	277	9 (A) owns the real property, mobile home, or manufactured
278	278	10 home; or
279	279	11 (B) is buying the real property, mobile home, or manufactured
280	280	12 home under contract;
281	281	13 on the date the statement required by section 17 of this chapter is
282	282	14 filed.
283	283	15 (b) A surviving spouse who receives the deduction provided by this
284	284	16 section may not receive the deduction provided by section 13 of this
285	285	17 chapter. However, he or she may receive any other deduction which he
286	286	18 or she is entitled to by law.
287	287	19 (c) An individual who has sold real property, a mobile home not
288	288	20 assessed as real property, or a manufactured home not assessed as real
289	289	21 property to another person under a contract that provides that the
290	290	22 contract buyer is to pay the property taxes on the real property, mobile
291	291	23 home, or manufactured home may not claim the deduction provided
292	292	24 under this section against that real property, mobile home, or
293	293	25 manufactured home.
294	294	26 SECTION 4. IC 6-1.1-12-17 IS REPEALED [EFFECTIVE JULY
295	295	27 1, 2023]. Sec. 17. Except as provided in section 17.8 of this chapter and
296	296	28 subject to section 45 of this chapter, a surviving spouse who desires to
297	297	29 claim the deduction provided by section 16 of this chapter must file a
298	298	30 statement with the auditor of the county in which the surviving spouse
299	299	31 resides. To obtain the deduction for a desired calendar year in which
300	300	32 property taxes are first due and payable, the statement must be
301	301	33 completed and dated in the immediately preceding calendar year and
302	302	34 filed with the county auditor on or before January 5 of the calendar year
303	303	35 in which the property taxes are first due and payable. The statement
304	304	36 may be filed in person or by mail. If mailed, the mailing must be
305	305	37 postmarked on or before the last day for filing. The statement shall
306	306	38 contain:
307	307	39 (1) a sworn statement that the surviving spouse is entitled to the
308	308	40 deduction; and
309	309	41 (2) the record number and page where the contract or
310	310	42 memorandum of the contract is recorded, if the individual is
311	311	2023 IN 355—LS 7058/DI 120 8
312	312	1 buying the real property on a contract that provides that the
313	313	2 individual is to pay property taxes on the real property.
314	314	3 In addition to the statement, the surviving spouse shall submit to the
315	315	4 county auditor for the auditor's inspection a letter or certificate from the
316	316	5 United States Department of Veterans Affairs establishing the service
317	317	6 of the deceased spouse in the military or naval forces of the United
318	318	7 States before November 12, 1918.
319	319	8 SECTION 5. IC 6-1.1-12-17.8, AS AMENDED BY P.L.174-2022,
320	320	9 SECTION 21, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
321	321	10 JULY 1, 2023]: Sec. 17.8. (a) An individual who receives a deduction
322	322	11 provided under section 9, 11, 13, 14, 16, 17.4 (before its expiration), or
323	323	12 37 of this chapter in a particular year and who remains eligible for the
324	324	13 deduction in the following year is not required to file a statement to
325	325	14 apply for the deduction in the following year. However, for purposes
326	326	15 of a deduction under section 37 of this chapter, the county auditor may,
327	327	16 in the county auditor's discretion, terminate the deduction for
328	328	17 assessment dates after January 15, 2012, if the individual does not
329	329	18 comply with the requirement in IC 6-1.1-22-8.1(b)(9) (expired January
330	330	19 1, 2015), as determined by the county auditor, before January 1, 2013.
331	331	20 Before the county auditor terminates the deduction because the
332	332	21 taxpayer claiming the deduction did not comply with the requirement
333	333	22 in IC 6-1.1-22-8.1(b)(9) (expired January 1, 2015) before January 1,
334	334	23 2013, the county auditor shall mail notice of the proposed termination
335	335	24 of the deduction to:
336	336	25 (1) the last known address of each person liable for any property
337	337	26 taxes or special assessment, as shown on the tax duplicate or
338	338	27 special assessment records; or
339	339	28 (2) the last known address of the most recent owner shown in the
340	340	29 transfer book.
341	341	30 (b) An individual who receives a deduction provided under section
342	342	31 9, 11, 13, 14, 16, or 17.4 (before its expiration) of this chapter in a
343	343	32 particular year and who becomes ineligible for the deduction in the
344	344	33 following year shall notify the auditor of the county in which the real
345	345	34 property, mobile home, or manufactured home for which the individual
346	346	35 claims the deduction is located of the individual's ineligibility in the
347	347	36 year in which the individual becomes ineligible. An individual who
348	348	37 becomes ineligible for a deduction under section 37 of this chapter
349	349	38 shall notify the county auditor of the county in which the property is
350	350	39 located in conformity with section 37 of this chapter.
351	351	40 (c) The auditor of each county shall, in a particular year, apply a
352	352	41 deduction provided under section 9, 11, 13, 14, 16, 17.4 (before its
353	353	42 expiration), or 37 of this chapter to each individual who received the
354	354	2023 IN 355—LS 7058/DI 120 9
355	355	1 deduction in the preceding year unless the auditor determines that the
356	356	2 individual is no longer eligible for the deduction.
357	357	3 (d) An individual who receives a deduction provided under section
358	358	4 9, 11, 13, 14, 16, 17.4 (before its expiration), or 37 of this chapter for
359	359	5 property that is jointly held with another owner in a particular year and
360	360	6 remains eligible for the deduction in the following year is not required
361	361	7 to file a statement to reapply for the deduction following the removal
362	362	8 of the joint owner if:
363	363	9 (1) the individual is the sole owner of the property following the
364	364	10 death of the individual's spouse; or
365	365	11 (2) the individual is the sole owner of the property following the
366	366	12 death of a joint owner who was not the individual's spouse.
367	367	13 If a county auditor terminates a deduction under section 9 of this
368	368	14 chapter, a deduction under section 37 of this chapter, or a credit under
369	369	15 IC 6-1.1-20.6-8.5 after June 30, 2017, and before May 1, 2019, because
370	370	16 the taxpayer claiming the deduction or credit did not comply with a
371	371	17 requirement added to this subsection by P.L.255-2017 to reapply for
372	372	18 the deduction or credit, the county auditor shall reinstate the deduction
373	373	19 or credit if the taxpayer provides proof that the taxpayer is eligible for
374	374	20 the deduction or credit and is not claiming the deduction or credit for
375	375	21 any other property.
376	376	22 (e) A trust entitled to a deduction under section 9, 11, 13, 14, 16,
377	377	23 17.4 (before its expiration), or 37 of this chapter for real property
378	378	24 owned by the trust and occupied by an individual in accordance with
379	379	25 section 17.9 of this chapter is not required to file a statement to apply
380	380	26 for the deduction, if:
381	381	27 (1) the individual who occupies the real property receives a
382	382	28 deduction provided under section 9, 11, 13, 14, 16, 17.4 (before
383	383	29 its expiration), or 37 of this chapter in a particular year; and
384	384	30 (2) the trust remains eligible for the deduction in the following
385	385	31 year.
386	386	32 However, for purposes of a deduction under section 37 of this chapter,
387	387	33 the individuals that qualify the trust for a deduction must comply with
388	388	34 the requirement in IC 6-1.1-22-8.1(b)(9) (expired January 1, 2015)
389	389	35 before January 1, 2013.
390	390	36 (f) A cooperative housing corporation (as defined in 26 U.S.C. 216)
391	391	37 that is entitled to a deduction under section 37 of this chapter in the
392	392	38 immediately preceding calendar year for a homestead (as defined in
393	393	39 section 37 of this chapter) is not required to file a statement to apply for
394	394	40 the deduction for the current calendar year if the cooperative housing
395	395	41 corporation remains eligible for the deduction for the current calendar
396	396	42 year. However, the county auditor may, in the county auditor's
397	397	2023 IN 355—LS 7058/DI 120 10
398	398	1 discretion, terminate the deduction for assessment dates after January
399	399	2 15, 2012, if the individual does not comply with the requirement in
400	400	3 IC 6-1.1-22-8.1(b)(9) (expired January 1, 2015), as determined by the
401	401	4 county auditor, before January 1, 2013. Before the county auditor
402	402	5 terminates a deduction because the taxpayer claiming the deduction did
403	403	6 not comply with the requirement in IC 6-1.1-22-8.1(b)(9) (expired
404	404	7 January 1, 2015) before January 1, 2013, the county auditor shall mail
405	405	8 notice of the proposed termination of the deduction to:
406	406	9 (1) the last known address of each person liable for any property
407	407	10 taxes or special assessment, as shown on the tax duplicate or
408	408	11 special assessment records; or
409	409	12 (2) the last known address of the most recent owner shown in the
410	410	13 transfer book.
411	411	14 (g) An individual who:
412	412	15 (1) was eligible for a homestead credit under IC 6-1.1-20.9
413	413	16 (repealed) for property taxes imposed for the March 1, 2007, or
414	414	17 January 15, 2008, assessment date; or
415	415	18 (2) would have been eligible for a homestead credit under
416	416	19 IC 6-1.1-20.9 (repealed) for property taxes imposed for the March
417	417	20 1, 2008, or January 15, 2009, assessment date if IC 6-1.1-20.9 had
418	418	21 not been repealed;
419	419	22 is not required to file a statement to apply for a deduction under section
420	420	23 37 of this chapter if the individual remains eligible for the deduction in
421	421	24 the current year. An individual who filed for a homestead credit under
422	422	25 IC 6-1.1-20.9 (repealed) for an assessment date after March 1, 2007 (if
423	423	26 the property is real property), or after January 1, 2008 (if the property
424	424	27 is personal property), shall be treated as an individual who has filed for
425	425	28 a deduction under section 37 of this chapter. However, the county
426	426	29 auditor may, in the county auditor's discretion, terminate the deduction
427	427	30 for assessment dates after January 15, 2012, if the individual does not
428	428	31 comply with the requirement in IC 6-1.1-22-8.1(b)(9) (expired January
429	429	32 1, 2015), as determined by the county auditor, before January 1, 2013.
430	430	33 Before the county auditor terminates the deduction because the
431	431	34 taxpayer claiming the deduction did not comply with the requirement
432	432	35 in IC 6-1.1-22-8.1(b)(9) (expired January 1, 2015) before January 1,
433	433	36 2013, the county auditor shall mail notice of the proposed termination
434	434	37 of the deduction to the last known address of each person liable for any
435	435	38 property taxes or special assessment, as shown on the tax duplicate or
436	436	39 special assessment records, or to the last known address of the most
437	437	40 recent owner shown in the transfer book.
438	438	41 (h) If a county auditor terminates a deduction because the taxpayer
439	439	42 claiming the deduction did not comply with the requirement in
440	440	2023 IN 355—LS 7058/DI 120 11
441	441	1 IC 6-1.1-22-8.1(b)(9) (expired January 1, 2015) before January 1, 2013,
442	442	2 the county auditor shall reinstate the deduction if the taxpayer provides
443	443	3 proof that the taxpayer is eligible for the deduction and is not claiming
444	444	4 the deduction for any other property.
445	445	5 (i) A taxpayer described in section 37(k) of this chapter is not
446	446	6 required to file a statement to apply for the deduction provided by
447	447	7 section 37 of this chapter for a calendar year beginning after December
448	448	8 31, 2008, if the property owned by the taxpayer remains eligible for the
449	449	9 deduction for that calendar year. However, the county auditor may
450	450	10 terminate the deduction for assessment dates after January 15, 2012, if
451	451	11 the individual residing on the property owned by the taxpayer does not
452	452	12 comply with the requirement in IC 6-1.1-22-8.1(b)(9) (expired January
453	453	13 1, 2015), as determined by the county auditor, before January 1, 2013.
454	454	14 Before the county auditor terminates a deduction because the
455	455	15 individual residing on the property did not comply with the
456	456	16 requirement in IC 6-1.1-22-8.1(b)(9) (expired January 1, 2015) before
457	457	17 January 1, 2013, the county auditor shall mail notice of the proposed
458	458	18 termination of the deduction to:
459	459	19 (1) the last known address of each person liable for any property
460	460	20 taxes or special assessment, as shown on the tax duplicate or
461	461	21 special assessment records; or
462	462	22 (2) the last known address of the most recent owner shown in the
463	463	23 transfer book.
464	464	24 SECTION 6. IC 6-1.1-12-17.9, AS AMENDED BY P.L.190-2016,
465	465	25 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
466	466	26 JULY 1, 2023]: Sec. 17.9. A trust is entitled to a deduction under
467	467	27 section 9, 11, 13, 14, 16, or 17.4 (before its expiration) of this chapter
468	468	28 for real property owned by the trust and occupied by an individual if
469	469	29 the county auditor determines that the individual:
470	470	30 (1) upon verification in the body of the deed or otherwise, has
471	471	31 either:
472	472	32 (A) a beneficial interest in the trust; or
473	473	33 (B) the right to occupy the real property rent free under the
474	474	34 terms of a qualified personal residence trust created by the
475	475	35 individual under United States Treasury Regulation
476	476	36 25.2702-5(c)(2); and
477	477	37 (2) otherwise qualifies for the deduction.
478	478	38 SECTION 7. IC 6-1.1-12-43, AS AMENDED BY P.L.174-2022,
479	479	39 SECTION 23, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
480	480	40 JULY 1, 2023]: Sec. 43. (a) For purposes of this section:
481	481	41 (1) "benefit" refers to a deduction under section 9, 11, 13, 14, 16,
482	482	42 17.4 (before its expiration), 26, 29, 33, 34, 37, or 37.5 of this
483	483	2023 IN 355—LS 7058/DI 120 12
484	484	1 chapter;
485	485	2 (2) "closing agent" means a person that closes a transaction;
486	486	3 (3) "customer" means an individual who obtains a loan in a
487	487	4 transaction; and
488	488	5 (4) "transaction" means a single family residential:
489	489	6 (A) first lien purchase money mortgage transaction; or
490	490	7 (B) refinancing transaction.
491	491	8 (b) Before closing a transaction after December 31, 2004, a closing
492	492	9 agent must provide to the customer the form referred to in subsection
493	493	10 (c).
494	494	11 (c) Before June 1, 2004, the department of local government finance
495	495	12 shall prescribe the form to be provided by closing agents to customers
496	496	13 under subsection (b). The department shall make the form available to
497	497	14 closing agents, county assessors, county auditors, and county treasurers
498	498	15 in hard copy and electronic form. County assessors, county auditors,
499	499	16 and county treasurers shall make the form available to the general
500	500	17 public. The form must:
501	501	18 (1) on one (1) side:
502	502	19 (A) list each benefit; and
503	503	20 (B) list the eligibility criteria for each benefit;
504	504	21 (2) on the other side indicate:
505	505	22 (A) each action by and each type of documentation from the
506	506	23 customer required to file for each benefit; and
507	507	24 (B) sufficient instructions and information to permit a party to
508	508	25 terminate a standard deduction under section 37 of this chapter
509	509	26 on any property on which the party or the spouse of the party
510	510	27 will no longer be eligible for the standard deduction under
511	511	28 section 37 of this chapter after the party or the party's spouse
512	512	29 begins to reside at the property that is the subject of the
513	513	30 closing, including an explanation of the tax consequences and
514	514	31 applicable penalties, if a party unlawfully claims a standard
515	515	32 deduction under section 37 of this chapter; and
516	516	33 (3) be printed in one (1) of two (2) or more colors prescribed by
517	517	34 the department of local government finance that distinguish the
518	518	35 form from other documents typically used in a closing referred to
519	519	36 in subsection (b).
520	520	37 (d) A closing agent:
521	521	38 (1) may reproduce the form referred to in subsection (c);
522	522	39 (2) in reproducing the form, must use a print color prescribed by
523	523	40 the department of local government finance; and
524	524	41 (3) is not responsible for the content of the form referred to in
525	525	42 subsection (c) and shall be held harmless by the department of
526	526	2023 IN 355—LS 7058/DI 120 13
527	527	1 local government finance from any liability for the content of the
528	528	2 form.
529	529	3 (e) This subsection applies to a transaction that is closed after
530	530	4 December 31, 2009. In addition to providing the customer the form
531	531	5 described in subsection (c) before closing the transaction, a closing
532	532	6 agent shall do the following as soon as possible after the closing, and
533	533	7 within the time prescribed by the department of insurance under
534	534	8 IC 27-7-3-15.5:
535	535	9 (1) To the extent determinable, input the information described in
536	536	10 IC 27-7-3-15.5(c)(2) into the system maintained by the
537	537	11 department of insurance under IC 27-7-3-15.5.
538	538	12 (2) Submit the form described in IC 27-7-3-15.5(c) to the data
539	539	13 base described in IC 27-7-3-15.5(c)(2)(D).
540	540	14 (f) A closing agent to which this section applies shall document the
541	541	15 closing agent's compliance with this section with respect to each
542	542	16 transaction in the form of verification of compliance signed by the
543	543	17 customer.
544	544	18 (g) Subject to IC 27-7-3-15.5(d), a closing agent is subject to a civil
545	545	19 penalty of twenty-five dollars ($25) for each instance in which the
546	546	20 closing agent fails to comply with this section with respect to a
547	547	21 customer. The penalty:
548	548	22 (1) may be enforced by the state agency that has administrative
549	549	23 jurisdiction over the closing agent in the same manner that the
550	550	24 agency enforces the payment of fees or other penalties payable to
551	551	25 the agency; and
552	552	26 (2) shall be paid into:
553	553	27 (A) the state general fund, if the closing agent fails to comply
554	554	28 with subsection (b); or
555	555	29 (B) the home ownership education account established by
556	556	30 IC 5-20-1-27, if the closing agent fails to comply with
557	557	31 subsection (e) in a transaction that is closed after December
558	558	32 31, 2009.
559	559	33 (h) A closing agent is not liable for any other damages claimed by
560	560	34 a customer because of:
561	561	35 (1) the closing agent's mere failure to provide the appropriate
562	562	36 document to the customer under subsection (b); or
563	563	37 (2) with respect to a transaction that is closed after December 31,
564	564	38 2009, the closing agent's failure to input the information or submit
565	565	39 the form described in subsection (e).
566	566	40 (i) The state agency that has administrative jurisdiction over a
567	567	41 closing agent shall:
568	568	42 (1) examine the closing agent to determine compliance with this
569	569	2023 IN 355—LS 7058/DI 120 14
570	570	1 section; and
571	571	2 (2) impose and collect penalties under subsection (g).
572	572	3 SECTION 8. IC 6-1.1-12-46, AS AMENDED BY P.L.174-2022,
573	573	4 SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
574	574	5 JULY 1, 2023]: Sec. 46. (a) This section applies to real property for an
575	575	6 assessment date in 2011 or a later year if:
576	576	7 (1) the real property is not exempt from property taxation for the
577	577	8 assessment date;
578	578	9 (2) title to the real property is transferred after the assessment date
579	579	10 and on or before the December 31 that next succeeds the
580	580	11 assessment date;
581	581	12 (3) the transferee of the real property applies for an exemption
582	582	13 under IC 6-1.1-11 for the next succeeding assessment date; and
583	583	14 (4) the county property tax assessment board of appeals
584	584	15 determines that the real property is exempt from property taxation
585	585	16 for that next succeeding assessment date.
586	586	17 (b) For the assessment date referred to in subsection (a)(1), real
587	587	18 property is eligible for any deductions for which the transferor under
588	588	19 subsection (a)(2) was eligible for that assessment date under the
589	589	20 following:
590	590	21 (1) IC 6-1.1-12-1 (before its repeal).
591	591	22 (2) IC 6-1.1-12-9.
592	592	23 (3) IC 6-1.1-12-11.
593	593	24 (4) IC 6-1.1-12-13.
594	594	25 (5) IC 6-1.1-12-14.
595	595	26 (6) IC 6-1.1-12-16 (before its repeal).
596	596	27 (7) IC 6-1.1-12-17.4 (before its expiration).
597	597	28 (8) IC 6-1.1-12-18 (before its expiration).
598	598	29 (9) IC 6-1.1-12-22 (before its expiration).
599	599	30 (10) IC 6-1.1-12-37.
600	600	31 (11) IC 6-1.1-12-37.5.
601	601	32 (c) For the payment date applicable to the assessment date referred
602	602	33 to in subsection (a)(1), real property is eligible for the credit for
603	603	34 excessive residential property taxes under IC 6-1.1-20.6 for which the
604	604	35 transferor under subsection (a)(2) would be eligible for that payment
605	605	36 date if the transfer had not occurred.
606	606	37 SECTION 9. IC 6-1.1-20.6-8.5, AS AMENDED BY P.L.174-2022,
607	607	38 SECTION 42, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
608	608	39 JANUARY 1, 2024]: Sec. 8.5. (a) This section applies to an individual
609	609	40 who:
610	610	41 (1) qualified for a standard deduction granted under
611	611	42 IC 6-1.1-12-37 for the individual's homestead property in the
612	612	2023 IN 355—LS 7058/DI 120 15
613	613	1 immediately preceding calendar year (or was married at the time
614	614	2 of death to a deceased spouse who qualified for a standard
615	615	3 deduction granted under IC 6-1.1-12-37 for the individual's
616	616	4 homestead property in the immediately preceding calendar year);
617	617	5 (2) qualifies for a standard deduction granted under
618	618	6 IC 6-1.1-12-37 for the same homestead property in the current
619	619	7 calendar year;
620	620	8 (3) is or will be at least sixty-five (65) years of age on or before
621	621	9 December 31 of the calendar year immediately preceding the
622	622	10 current calendar year; and
623	623	11 (4) had:
624	624	12 (A) in the case of an individual who filed a single return,
625	625	13 adjusted gross income (as defined in Section 62 of the Internal
626	626	14 Revenue Code) not exceeding thirty thousand dollars
627	627	15 ($30,000), and beginning for the January 1, 2024,
628	628	16 assessment date, and each assessment date thereafter,
629	629	17 adjusted annually by an amount equal to the percentage
630	630	18 cost of living increase applied for social security benefits;
631	631	19 or
632	632	20 (B) in the case of an individual who filed a joint income tax
633	633	21 return with the individual's spouse, combined adjusted gross
634	634	22 income (as defined in Section 62 of the Internal Revenue
635	635	23 Code) not exceeding forty thousand dollars ($40,000), and
636	636	24 beginning for the January 1, 2024, assessment date, and
637	637	25 each assessment date thereafter, adjusted annually by an
638	638	26 amount equal to the percentage cost of living increase
639	639	27 applied for social security benefits;
640	640	28 for the calendar year preceding by two (2) years the calendar year
641	641	29 in which property taxes are first due and payable.
642	642	30 (b) Except as provided in subsection (g), this section does not apply
643	643	31 if:
644	644	32 (1) except as provided in subdivision (3), for an individual who
645	645	33 received a credit under this section before January 1, 2020, the
646	646	34 gross assessed value of the homestead on the assessment date for
647	647	35 which property taxes are imposed is at least two hundred
648	648	36 thousand dollars ($200,000); or
649	649	37 (2) except as provided in subdivision (3), for an individual who
650	650	38 initially applies for a credit under this section after December 31,
651	651	39 2019, the assessed value of the individual's Indiana real property
652	652	40 is at least two hundred thousand dollars ($200,000); or
653	653	41 (3) for an individual who received a credit under this section
654	654	42 and for an individual who initially applies for a credit under
655	655	2023 IN 355—LS 7058/DI 120 16
656	656	1 this section after December 31, 2023, the gross assessed value
657	657	2 of the homestead on the assessment date for which property
658	658	3 taxes are imposed is at least three hundred twenty thousand
659	659	4 dollars ($320,000).
660	660	5 (c) An individual is entitled to an additional credit under this section
661	661	6 for property taxes first due and payable for a calendar year on a
662	662	7 homestead if:
663	663	8 (1) the individual and the homestead qualify for the credit under
664	664	9 subsection (a) for the calendar year;
665	665	10 (2) the homestead is not disqualified for the credit under
666	666	11 subsection (b) for the calendar year; and
667	667	12 (3) the filing requirements under subsection (e) are met.
668	668	13 (d) The amount of the credit is equal to the greater of zero (0) or the
669	669	14 result of:
670	670	15 (1) the property tax liability first due and payable on the
671	671	16 homestead property for the calendar year; minus
672	672	17 (2) the result of:
673	673	18 (A) the property tax liability first due and payable on the
674	674	19 qualified homestead property for the immediately preceding
675	675	20 year after the application of the credit granted under this
676	676	21 section for that year; multiplied by
677	677	22 (B) the following:
678	678	23 (i) If the assessed value of the qualified homestead
679	679	24 property does not exceed two hundred forty thousand
680	680	25 dollars ($240,000), one and two hundredths (1.02).
681	681	26 (ii) If the assessed value of the qualified homestead
682	682	27 property exceeds two hundred forty thousand dollars
683	683	28 ($240,000), but does not exceed two hundred eighty
684	684	29 thousand dollars ($280,000), one and thirty-five
685	685	30 thousandths (1.035).
686	686	31 (iii) If the assessed value of the qualified homestead
687	687	32 property exceeds two hundred eighty thousand dollars
688	688	33 ($280,000), but does not exceed three hundred twenty
689	689	34 thousand dollars ($320,000), one and five hundredths
690	690	35 (1.05).
691	691	36 (iv) If the assessed value of the qualified homestead
692	692	37 property exceeds three hundred twenty thousand dollars
693	693	38 ($320,000), zero (0).
694	694	39 However, property tax liability imposed on any improvements to or
695	695	40 expansion of the homestead property after the assessment date for
696	696	41 which property tax liability described in subdivision (2) was imposed
697	697	42 shall not be considered in determining the credit granted under this
698	698	2023 IN 355—LS 7058/DI 120 17
699	699	1 section in the current calendar year.
700	700	2 (e) Applications for a credit under this section shall be filed in the
701	701	3 manner provided for an application for a deduction under
702	702	4 IC 6-1.1-12-9. However, an individual who remains eligible for the
703	703	5 credit in the following year is not required to file a statement to apply
704	704	6 for the credit in the following year. An individual who receives a credit
705	705	7 under this section in a particular year and who becomes ineligible for
706	706	8 the credit in the following year shall notify the auditor of the county in
707	707	9 which the homestead is located of the individual's ineligibility not later
708	708	10 than sixty (60) days after the individual becomes ineligible.
709	709	11 (f) The auditor of each county shall, in a particular year, apply a
710	710	12 credit provided under this section to each individual who received the
711	711	13 credit in the preceding year unless the auditor determines that the
712	712	14 individual is no longer eligible for the credit.
713	713	15 (g) For purposes of determining the:
714	714	16 (1) assessed value of the homestead on the assessment date for
715	715	17 which property taxes are imposed under subsection (b)(1); or
716	716	18 (2) assessed value of the individual's Indiana real property under
717	717	19 subsection (b)(2);
718	718	20 for an individual who has received a credit under this section in a
719	719	21 previous year, increases in assessed value that occur after the later of
720	720	22 December 31, 2019, or the first year that the individual has received
721	721	23 the credit are not considered unless the increase in assessed value is
722	722	24 attributable to substantial renovation or new improvements. Where
723	723	25 there is an increase in assessed value for purposes of the credit under
724	724	26 this section, the assessor shall provide a report to the county auditor
725	725	27 describing the substantial renovation or new improvements, if any, that
726	726	28 were made to the property prior to the increase in assessed value.
727	727	29 SECTION 10. IC 6-1.1-10-51.5 IS ADDED TO THE INDIANA
728	728	30 CODE AS A NEW SECTION TO READ AS FOLLOWS
729	729	31 [EFFECTIVE JULY 1, 2023]: Sec. 51.5. (a) This section applies to
730	730	32 assessment dates occurring after December 31, 2023.
731	731	33 (b) As used in this chapter, "privately owned wastewater
732	732	34 facility" means a sewer plant, a water plant, or both, that is
733	733	35 privately owned.
734	734	36 (c) The true tax value of a privately owned wastewater facility
735	735	37 shall be determined by applying the income capitalization
736	736	38 approach.
737	737	39 (d) The department shall, by rules adopted under IC 4-22-2,
738	738	40 establish uniform income capitalization rates annually and
739	739	41 procedures to be used for the assessment of a privately owned
740	740	42 wastewater facility and provide the annual capitalization rate to
741	741	2023 IN 355—LS 7058/DI 120 18
742	742	1 assessing officials upon request. Assessing officials shall use the
743	743	2 procedures adopted by the department to assess, reassess, and
744	744	3 annually adjust the assessed value of a privately owned wastewater
745	745	4 facility.
746	746	5 (e) If the application of the income capitalization method for an
747	747	6 assessment year results in a zero (0) or negative assessment, the
748	748	7 privately owned wastewater facility is exempt from property
749	749	8 taxation for that assessment year.
750	750	9 SECTION 11. IC 6-6-5-5, AS AMENDED BY P.L.256-2017,
751	751	10 SECTION 26, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
752	752	11 JULY 1, 2023]: Sec. 5. A person that owns a vehicle and that is entitled
753	753	12 to a property tax deduction under IC 6-1.1-12-13 or IC 6-1.1-12-14 or
754	754	13 IC 6-1.1-12-16 is entitled to a credit against the vehicle excise tax as
755	755	14 follows: Any remaining deduction from assessed valuation to which the
756	756	15 person is entitled, applicable to property taxes payable in the year in
757	757	16 which the excise tax imposed by this chapter is due, after allowance of
758	758	17 the deduction on real estate and personal property owned by the person,
759	759	18 shall reduce the vehicle excise tax in the amount of two dollars ($2) on
760	760	19 each one hundred dollars ($100) of taxable value or major portion
761	761	20 thereof. The county auditor shall, upon request, furnish a certified
762	762	21 statement to the person verifying the credit allowable under this
763	763	22 section, and the statement shall be presented to and retained by the
764	764	23 bureau to support the credit.
765	765	24 SECTION 12. IC 6-6-5-5.2, AS AMENDED BY P.L.256-2017,
766	766	25 SECTION 27, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
767	767	26 JULY 1, 2023]: Sec. 5.2. (a) This section applies to a registration year
768	768	27 beginning after December 31, 2013.
769	769	28 (b) Subject to subsection (d), an individual may claim a credit
770	770	29 against the tax imposed by this chapter upon a vehicle owned by the
771	771	30 individual if the individual is eligible for the credit under any of the
772	772	31 following:
773	773	32 (1) The individual meets all the following requirements:
774	774	33 (A) The individual served in the military or naval forces of the
775	775	34 United States during any of its wars.
776	776	35 (B) The individual received an honorable discharge.
777	777	36 (C) The individual has a disability with a service connected
778	778	37 disability of ten percent (10%) or more.
779	779	38 (D) The individual's disability is evidenced by:
780	780	39 (i) a pension certificate, an award of compensation, or a
781	781	40 disability compensation check issued by the United States
782	782	41 Department of Veterans Affairs; or
783	783	42 (ii) a certificate of eligibility issued to the individual by the
784	784	2023 IN 355—LS 7058/DI 120 19
785	785	1 Indiana department of veterans' affairs after the Indiana
786	786	2 department of veterans' affairs has determined that the
787	787	3 individual's disability qualifies the individual to receive a
788	788	4 credit under this section.
789	789	5 (E) The individual does not own property to which a property
790	790	6 tax deduction may be applied under IC 6-1.1-12-13.
791	791	7 (2) The individual meets all the following requirements:
792	792	8 (A) The individual served in the military or naval forces of the
793	793	9 United States for at least ninety (90) days.
794	794	10 (B) The individual received an honorable discharge.
795	795	11 (C) The individual either:
796	796	12 (i) has a total disability; or
797	797	13 (ii) is at least sixty-two (62) years of age and has a disability
798	798	14 of at least ten percent (10%).
799	799	15 (D) The individual's disability is evidenced by:
800	800	16 (i) a pension certificate or an award of compensation issued
801	801	17 by the United States Department of Veterans Affairs; or
802	802	18 (ii) a certificate of eligibility issued to the individual by the
803	803	19 Indiana department of veterans' affairs after the Indiana
804	804	20 department of veterans' affairs has determined that the
805	805	21 individual's disability qualifies the individual to receive a
806	806	22 credit under this section.
807	807	23 (E) The individual does not own property to which a property
808	808	24 tax deduction may be applied under IC 6-1.1-12-14.
809	809	25 (3) The individual meets both of the following requirements:
810	810	26 (A) The individual is the surviving spouse of any of the
811	811	27 following:
812	812	28 (i) An individual who would have been eligible for a credit
813	813	29 under this section if the individual had been alive in 2013
814	814	30 and this section had been in effect in 2013.
815	815	31 (ii) An individual who received a credit under this section in
816	816	32 the previous calendar year.
817	817	33 (iii) A World War I veteran.
818	818	34 (B) The individual does not own property to which a property
819	819	35 tax deduction may be applied under IC 6-1.1-12-13 or
820	820	36 IC 6-1.1-12-14. or IC 6-1.1-12-16.
821	821	37 (c) The amount of the credit that may be claimed under this section
822	822	38 is equal to the lesser of the following:
823	823	39 (1) The amount of the excise tax liability for the individual's
824	824	40 vehicle as determined under section 3 or 3.5 of this chapter, as
825	825	41 applicable.
826	826	42 (2) Seventy dollars ($70).
827	827	2023 IN 355—LS 7058/DI 120 20
828	828	1 (d) The maximum number of motor vehicles for which an individual
829	829	2 may claim a credit under this section is two (2).
830	830	3 (e) An individual may not claim a credit under both:
831	831	4 (1) this section; and
832	832	5 (2) section 5 of this chapter.
833	833	6 (f) The credit allowed by this section must be claimed on a form
834	834	7 prescribed by the bureau. An individual claiming the credit must attach
835	835	8 to the form an affidavit from the county auditor stating that the
836	836	9 claimant does not own property to which a property tax deduction may
837	837	10 be applied under IC 6-1.1-12-13 or IC 6-1.1-12-14. or IC 6-1.1-12-16.
838	838	11 SECTION 13. [EFFECTIVE JANUARY 1, 2024] (a) IC 6-1.1-12-9,
839	839	12 IC 6-1.1-12-13, IC 6-1.1-12-17.8, IC 6-1.1-12-17.9, IC 6-1.1-12-43,
840	840	13 IC 6-1.1-12-46, IC 6-1.1-20.6-8.5, IC 6-6-5-5, and IC 6-6-5-5.5, as
841	841	14 amended by this act, and IC 6-1.1-12-16 and IC 6-1.1-12-17, as
842	842	15 repealed by this act, apply to assessment dates occurring after
843	843	16 December 31, 2023.
844	844	17 (b) This SECTION expires July 1, 2026.
845	845	2023 IN 355—LS 7058/DI 120