1 | 1 | | |
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2 | 2 | | Introduced Version |
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3 | 3 | | SENATE BILL No. 263 |
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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 6-3.6. |
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7 | 7 | | Synopsis: Local income tax distributions. Provides for local income |
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8 | 8 | | tax certified shares in Hamilton County and Johnson County to be |
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9 | 9 | | allocated to civil taxing units according to the location and tax liability |
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10 | 10 | | of each taxpayer. |
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11 | 11 | | Effective: June 1, 2024; July 1, 2024; January 1, 2025. |
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12 | 12 | | Baldwin |
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13 | 13 | | January 16, 2024, read first time and referred to Committee on Tax and Fiscal Policy. |
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14 | 14 | | 2024 IN 263—LS 7047/DI 120 Introduced |
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15 | 15 | | Second Regular Session of the 123rd General Assembly (2024) |
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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 2023 Regular Session of the General Assembly. |
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25 | 25 | | SENATE BILL No. 263 |
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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 6-3.6-2-13, AS AMENDED BY P.L.239-2017, |
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30 | 30 | | 2 SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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31 | 31 | | 3 JANUARY 1, 2025]: Sec. 13. "Local taxpayer", as it relates to a |
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32 | 32 | | 4 particular county, means any of the following: |
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33 | 33 | | 5 (1) An individual who resides in that county, and taxing district |
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34 | 34 | | 6 in the case of Hamilton County and Johnson County, on the |
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35 | 35 | | 7 date specified in IC 6-3.6-8-3. |
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36 | 36 | | 8 (2) An individual who maintains the taxpayer's principal place of |
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37 | 37 | | 9 business or employment in that county on the date specified in |
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38 | 38 | | 10 IC 6-3.6-8-3 and who does not reside on that same date in another |
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39 | 39 | | 11 county in Indiana in which a tax under this article is in effect. |
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40 | 40 | | 12 (3) An individual who: |
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41 | 41 | | 13 (A) has income apportioned to Indiana as: |
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42 | 42 | | 14 (i) a team member under IC 6-3-2-2.7; or |
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43 | 43 | | 15 (ii) a race team member under IC 6-3-2-3.2; |
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44 | 44 | | 16 for services rendered in the county; and |
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45 | 45 | | 17 (B) is not described in subdivision (1) or (2). |
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46 | 46 | | 2024 IN 263—LS 7047/DI 120 2 |
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47 | 47 | | 1 SECTION 2. IC 6-3.6-2-15, AS ADDED BY P.L.243-2015, |
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48 | 48 | | 2 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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49 | 49 | | 3 JANUARY 1, 2025]: Sec. 15. "Resident local taxpayer", as it relates to |
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50 | 50 | | 4 a particular county, and taxing district in the case of Hamilton |
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51 | 51 | | 5 County and Johnson County, means any local taxpayer who resides |
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52 | 52 | | 6 in that county or taxing district on the date specified in IC 6-3.6-8-3. |
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53 | 53 | | 7 SECTION 3. IC 6-3.6-2-17.4 IS ADDED TO THE INDIANA |
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54 | 54 | | 8 CODE AS A NEW SECTION TO READ AS FOLLOWS |
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55 | 55 | | 9 [EFFECTIVE JANUARY 1, 2025]: Sec. 17.4. "Taxing district" |
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56 | 56 | | 10 means a geographic area within which property is taxed by the |
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57 | 57 | | 11 same taxing units and at the same total rate. |
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58 | 58 | | 12 SECTION 4. IC 6-3.6-2-17.6 IS ADDED TO THE INDIANA |
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59 | 59 | | 13 CODE AS A NEW SECTION TO READ AS FOLLOWS |
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60 | 60 | | 14 [EFFECTIVE JANUARY 1, 2025]: Sec. 17.6. "Taxing unit" means |
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61 | 61 | | 15 an entity that has the power to impose ad valorem property taxes. |
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62 | 62 | | 16 SECTION 5. IC 6-3.6-6-14, AS ADDED BY P.L.243-2015, |
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63 | 63 | | 17 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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64 | 64 | | 18 JANUARY 1, 2025]: Sec. 14. (a) This section applies to an allocation |
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65 | 65 | | 19 of certified shares in a county other than Marion County and, for |
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66 | 66 | | 20 allocations after 2024, Hamilton County and Johnson County. |
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67 | 67 | | 21 (b) Subject to this chapter, certified shares must be allocated among |
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68 | 68 | | 22 civil taxing units based on the attributed allocation amount. |
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69 | 69 | | 23 (c) The amount of certified shares to be allocated to each civil |
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70 | 70 | | 24 taxing unit is equal to: |
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71 | 71 | | 25 (1) the total amount of the certified distribution that is allocated |
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72 | 72 | | 26 to certified shares for the county for the month; multiplied by |
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73 | 73 | | 27 (2) the quotient of: |
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74 | 74 | | 28 (A) the attributed allocation amount for the civil taxing unit in |
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75 | 75 | | 29 the county during the calendar year; divided by |
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76 | 76 | | 30 (B) the sum of the attributed allocation amounts for all civil |
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77 | 77 | | 31 taxing units in the county during the calendar year. |
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78 | 78 | | 32 SECTION 6. IC 6-3.6-6-16, AS ADDED BY P.L.243-2015, |
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79 | 79 | | 33 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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80 | 80 | | 34 JANUARY 1, 2025]: Sec. 16. IC 6-3.6-11 applies to the allocation of |
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81 | 81 | | 35 certified shares in Hamilton County, Johnson County, and Marion |
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82 | 82 | | 36 County. |
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83 | 83 | | 37 SECTION 7. IC 6-3.6-8-3, AS ADDED BY P.L.243-2015, |
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84 | 84 | | 38 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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85 | 85 | | 39 JANUARY 1, 2025]: Sec. 3. (a) For purposes of this article, an |
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86 | 86 | | 40 individual shall be treated as a resident of the county, and in the case |
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87 | 87 | | 41 of Hamilton County and Johnson County, the taxing district in |
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88 | 88 | | 42 which the individual: |
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89 | 89 | | 2024 IN 263—LS 7047/DI 120 3 |
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90 | 90 | | 1 (1) maintains a home, if the individual maintains only one (1) |
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91 | 91 | | 2 home in Indiana; |
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92 | 92 | | 3 (2) if subdivision (1) does not apply, is registered to vote; |
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93 | 93 | | 4 (3) if subdivision (1) or (2) does not apply, registers the |
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94 | 94 | | 5 individual's personal automobile; or |
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95 | 95 | | 6 (4) spent the majority of the individual's time in Indiana during |
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96 | 96 | | 7 the taxable year in question, if subdivision (1), (2), or (3) does not |
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97 | 97 | | 8 apply. |
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98 | 98 | | 9 (b) The residence or principal place of business or employment of |
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99 | 99 | | 10 an individual is to be determined on January 1 of the calendar year in |
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100 | 100 | | 11 which the individual's taxable year commences. If an individual |
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101 | 101 | | 12 changes the location of the individual's residence or principal place of |
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102 | 102 | | 13 employment or business to another county in Indiana during a calendar |
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103 | 103 | | 14 year, the individual's liability for tax is not affected. |
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104 | 104 | | 15 (c) Notwithstanding subsection (b), if an individual becomes a local |
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105 | 105 | | 16 taxpayer for purposes of IC 36-7-27 during a calendar year because the |
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106 | 106 | | 17 individual: |
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107 | 107 | | 18 (1) changes the location of the individual's residence to a county |
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108 | 108 | | 19 in which the individual begins employment or business at a |
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109 | 109 | | 20 qualified economic development tax project (as defined in |
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110 | 110 | | 21 IC 36-7-27-9); or |
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111 | 111 | | 22 (2) changes the location of the individual's principal place of |
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112 | 112 | | 23 employment or business to a qualified economic development tax |
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113 | 113 | | 24 project and does not reside in another county in which a tax is in |
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114 | 114 | | 25 effect; |
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115 | 115 | | 26 the individual's adjusted gross income attributable to employment or |
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116 | 116 | | 27 business at the qualified economic development tax project is taxable |
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117 | 117 | | 28 only by the county containing the qualified economic development tax |
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118 | 118 | | 29 project. |
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119 | 119 | | 30 SECTION 8. IC 6-3.6-8-5, AS AMENDED BY P.L.197-2016, |
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120 | 120 | | 31 SECTION 64, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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121 | 121 | | 32 JULY 1, 2024]: Sec. 5. (a) Except as otherwise provided in subsection |
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122 | 122 | | 33 (b) and the other provisions of this article, all provisions of the adjusted |
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123 | 123 | | 34 gross income tax law (IC 6-3) concerning: |
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124 | 124 | | 35 (1) definitions; |
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125 | 125 | | 36 (2) declarations of estimated tax; |
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126 | 126 | | 37 (3) filing of returns; |
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127 | 127 | | 38 (4) deductions or exemptions from adjusted gross income; |
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128 | 128 | | 39 (5) remittances; |
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129 | 129 | | 40 (6) incorporation of the provisions of the Internal Revenue Code; |
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130 | 130 | | 41 (7) penalties and interest; and |
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131 | 131 | | 42 (8) exclusion of military pay credits for withholding; |
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132 | 132 | | 2024 IN 263—LS 7047/DI 120 4 |
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133 | 133 | | 1 apply to the imposition, collection, and administration of the tax |
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134 | 134 | | 2 imposed by this article. |
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135 | 135 | | 3 (b) IC 6-3-3-3, IC 6-3-3-5, and IC 6-3-5-1 do not apply to the tax |
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136 | 136 | | 4 imposed by this article. |
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137 | 137 | | 5 (c) Notwithstanding subsections (a) and (b), each employer shall |
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138 | 138 | | 6 report to the department of state revenue the amount of withholdings |
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139 | 139 | | 7 attributable to each county. This report shall be submitted to the |
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140 | 140 | | 8 department of state revenue: |
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141 | 141 | | 9 (1) each time the employer remits to the department the tax that |
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142 | 142 | | 10 is withheld; and |
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143 | 143 | | 11 (2) annually along with the employer's annual withholding report. |
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144 | 144 | | 12 (d) Notwithstanding subsections (a) and (b), each taxpayer shall |
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145 | 145 | | 13 report to the department of state revenue, on the taxpayer's annual |
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146 | 146 | | 14 return and any amended return, the county and full address of the |
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147 | 147 | | 15 taxpayer's residence as of the date specified in section 3 of this |
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148 | 148 | | 16 chapter, including, where applicable, the taxpayer's street and |
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149 | 149 | | 17 number or rural route and rural route box number, apartment or |
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150 | 150 | | 18 suite number or equivalent, and city, town, or township. This |
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151 | 151 | | 19 subsection applies also to a spouse when filing a joint return. A |
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152 | 152 | | 20 nonresident of Indiana as of the date specified in section 3 of this |
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153 | 153 | | 21 chapter must provide equivalent information under this subsection |
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154 | 154 | | 22 as to the location at which Indiana income was derived as of that |
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155 | 155 | | 23 date. Each return or amended return may also provide a current |
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156 | 156 | | 24 mailing address, and such current mailing address is required if |
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157 | 157 | | 25 the taxpayer does not receive United States mail at the address the |
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158 | 158 | | 26 taxpayer reports as the address of the taxpayer's residence on the |
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159 | 159 | | 27 date described in section 3 of this chapter. |
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160 | 160 | | 28 SECTION 9. IC 6-3.6-9-5, AS AMENDED BY P.L.32-2021, |
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161 | 161 | | 29 SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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162 | 162 | | 30 JULY 1, 2024]: Sec. 5. (a) Before August 2 of each calendar year, the |
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163 | 163 | | 31 budget agency shall provide to the department of local government |
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164 | 164 | | 32 finance and the county auditor of each adopting county an estimate of |
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165 | 165 | | 33 the amount determined under section 4 of this chapter that will be |
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166 | 166 | | 34 distributed to the county, based on known tax rates. For Hamilton |
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167 | 167 | | 35 County and Johnson County certified shares to be distributed after |
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168 | 168 | | 36 2024, the estimation shall include an itemization of the amount |
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169 | 169 | | 37 attributed to each taxing district under IC 6-3.6-11-10(c). Subject |
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170 | 170 | | 38 to subsection (c), not later than fifteen (15) days after receiving the |
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171 | 171 | | 39 estimate of the certified distribution, the department of local |
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172 | 172 | | 40 government finance shall determine for each taxing unit and notify the |
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173 | 173 | | 41 county auditor of the estimated amount of property tax credits, school |
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174 | 174 | | 42 distributions, public safety revenue, economic development revenue, |
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175 | 175 | | 2024 IN 263—LS 7047/DI 120 5 |
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176 | 176 | | 1 certified shares, and special purpose revenue that will be distributed to |
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177 | 177 | | 2 the taxing unit under this chapter during the ensuing calendar year. Not |
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178 | 178 | | 3 later than thirty (30) days after receiving the department's estimate, the |
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179 | 179 | | 4 county auditor shall notify each taxing unit of the amounts estimated |
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180 | 180 | | 5 for the taxing unit. |
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181 | 181 | | 6 (b) Before October 1 of each calendar year, the budget agency shall |
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182 | 182 | | 7 certify to the department of local government finance and the county |
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183 | 183 | | 8 auditor of each adopting county: |
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184 | 184 | | 9 (1) the amount determined under section 4 of this chapter; and |
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185 | 185 | | 10 (2) the amount of interest in the county's account that has accrued |
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186 | 186 | | 11 and has not been included in a certification made in a preceding |
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187 | 187 | | 12 year. |
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188 | 188 | | 13 The amount certified is the county's certified distribution for the |
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189 | 189 | | 14 immediately succeeding calendar year. The amount certified shall be |
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190 | 190 | | 15 adjusted, as necessary, under sections 6, 7, and 8 of this chapter. |
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191 | 191 | | 16 Subject to subsection (d), not later than fifteen (15) days after receiving |
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192 | 192 | | 17 the amount of the certified distribution, the department of local |
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193 | 193 | | 18 government finance shall determine for each taxing unit and notify the |
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194 | 194 | | 19 county auditor of the certified amount of property tax credits, school |
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195 | 195 | | 20 distributions, public safety revenue, economic development revenue, |
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196 | 196 | | 21 certified shares, and special purpose revenue that will be distributed to |
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197 | 197 | | 22 the taxing unit under this chapter during the ensuing calendar year. Not |
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198 | 198 | | 23 later than thirty (30) days after receiving the department's estimate, the |
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199 | 199 | | 24 county auditor shall notify each taxing unit of the certified amounts for |
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200 | 200 | | 25 the taxing unit. |
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201 | 201 | | 26 (c) This subsection applies to Lake County. When the department |
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202 | 202 | | 27 of local government finance notifies the county auditor of the estimated |
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203 | 203 | | 28 amount of property tax credits, school distributions, public safety |
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204 | 204 | | 29 revenue, economic development revenue, certified shares, and special |
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205 | 205 | | 30 purpose revenue that will be distributed to the taxing unit under this |
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206 | 206 | | 31 chapter during the ensuing calendar year, the department of local |
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207 | 207 | | 32 government finance shall also determine the amount of additional |
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208 | 208 | | 33 revenue allocated for economic development purposes that will be |
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209 | 209 | | 34 distributed to each civil taxing unit, reduced by an amount that is equal |
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210 | 210 | | 35 to the following percentages of the tax revenue that would otherwise be |
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211 | 211 | | 36 allocated for economic development purposes and distributed to the |
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212 | 212 | | 37 civil taxing unit: |
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213 | 213 | | 38 (1) For Lake County, an amount equal to twenty-five percent |
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214 | 214 | | 39 (25%). |
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215 | 215 | | 40 (2) For Crown Point, an amount equal to ten percent (10%). |
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216 | 216 | | 41 (3) For Dyer, an amount equal to fifteen percent (15%). |
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217 | 217 | | 42 (4) For Gary, an amount equal to seven and five-tenths percent |
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218 | 218 | | 2024 IN 263—LS 7047/DI 120 6 |
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219 | 219 | | 1 (7.5%). |
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220 | 220 | | 2 (5) For Hammond, an amount equal to fifteen percent (15%). |
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221 | 221 | | 3 (6) For Highland, an amount equal to twelve percent (12%). |
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222 | 222 | | 4 (7) For Hobart, an amount equal to eighteen percent (18%). |
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223 | 223 | | 5 (8) For Lake Station, an amount equal to twenty percent (20%). |
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224 | 224 | | 6 (9) For Lowell, an amount equal to fifteen percent (15%). |
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225 | 225 | | 7 (10) For Merrillville, an amount equal to twenty-two percent |
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226 | 226 | | 8 (22%). |
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227 | 227 | | 9 (11) For Munster, an amount equal to thirty-four percent (34%). |
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228 | 228 | | 10 (12) For New Chicago, an amount equal to one percent (1%). |
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229 | 229 | | 11 (13) For Schererville, an amount equal to ten percent (10%). |
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230 | 230 | | 12 (14) For Schneider, an amount equal to twenty percent (20%). |
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231 | 231 | | 13 (15) For Whiting, an amount equal to twenty-five percent (25%). |
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232 | 232 | | 14 (16) For Winfield, an amount equal to fifteen percent (15%). |
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233 | 233 | | 15 The department of local government finance shall notify the county |
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234 | 234 | | 16 auditor of the amounts of the reductions and the remaining amounts to |
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235 | 235 | | 17 be distributed. |
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236 | 236 | | 18 (d) This subsection applies to Lake County. When the department |
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237 | 237 | | 19 of local government finance notifies the county auditor of the certified |
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238 | 238 | | 20 amount of property tax credits, school distributions, public safety |
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239 | 239 | | 21 revenue, economic development revenue, certified shares, and special |
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240 | 240 | | 22 purpose revenue that will be distributed to the taxing unit under this |
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241 | 241 | | 23 chapter during the ensuing calendar year, the department of local |
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242 | 242 | | 24 government finance shall also determine the amount of additional |
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243 | 243 | | 25 revenue allocated for economic development purposes that will be |
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244 | 244 | | 26 distributed to each civil taxing unit, reduced by an amount that is equal |
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245 | 245 | | 27 to the following percentages of the tax revenue that would otherwise be |
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246 | 246 | | 28 allocated for economic development purposes and distributed to the |
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247 | 247 | | 29 civil taxing unit: |
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248 | 248 | | 30 (1) For Lake County, an amount equal to twenty-five percent |
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249 | 249 | | 31 (25%). |
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250 | 250 | | 32 (2) For Crown Point, an amount equal to ten percent (10%). |
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251 | 251 | | 33 (3) For Dyer, an amount equal to fifteen percent (15%). |
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252 | 252 | | 34 (4) For Gary, an amount equal to seven and five-tenths percent |
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253 | 253 | | 35 (7.5%). |
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254 | 254 | | 36 (5) For Hammond, an amount equal to fifteen percent (15%). |
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255 | 255 | | 37 (6) For Highland, an amount equal to twelve percent (12%). |
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256 | 256 | | 38 (7) For Hobart, an amount equal to eighteen percent (18%). |
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257 | 257 | | 39 (8) For Lake Station, an amount equal to twenty percent (20%). |
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258 | 258 | | 40 (9) For Lowell, an amount equal to fifteen percent (15%). |
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259 | 259 | | 41 (10) For Merrillville, an amount equal to twenty-two percent |
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260 | 260 | | 42 (22%). |
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261 | 261 | | 2024 IN 263—LS 7047/DI 120 7 |
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262 | 262 | | 1 (11) For Munster, an amount equal to thirty-four percent (34%). |
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263 | 263 | | 2 (12) For New Chicago, an amount equal to one percent (1%). |
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264 | 264 | | 3 (13) For Schererville, an amount equal to ten percent (10%). |
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265 | 265 | | 4 (14) For Schneider, an amount equal to twenty percent (20%). |
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266 | 266 | | 5 (15) For Whiting, an amount equal to twenty-five percent (25%). |
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267 | 267 | | 6 (16) For Winfield, an amount equal to fifteen percent (15%). |
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268 | 268 | | 7 The department of local government finance shall notify the county |
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269 | 269 | | 8 auditor of the remaining amounts to be distributed and the amounts of |
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270 | 270 | | 9 the reductions that will be withheld under IC 6-3.6-11-5.5. |
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271 | 271 | | 10 SECTION 10. IC 6-3.6-11-9, AS AMENDED BY P.L.236-2023, |
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272 | 272 | | 11 SECTION 82, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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273 | 273 | | 12 JULY 1, 2024]: Sec. 9. (a) This section applies to the calculation and |
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274 | 274 | | 13 allocation of certified shares among civil taxing units in Hamilton |
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275 | 275 | | 14 County after 2020 and before 2026. 2025. |
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276 | 276 | | 15 (b) For each calendar year to which this section applies, the amount |
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277 | 277 | | 16 of a civil taxing unit's certified shares is equal to: |
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278 | 278 | | 17 (1) the amount of the civil taxing unit's certified shares |
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279 | 279 | | 18 determined under IC 6-3.6-6, for a civil taxing unit other than the |
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280 | 280 | | 19 city of Carmel or the city of Fishers; |
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281 | 281 | | 20 (2) the adjusted amount determined under subsection (c), for the |
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282 | 282 | | 21 city of Carmel; or |
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283 | 283 | | 22 (3) the adjusted amount determined under subsection (d), for the |
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284 | 284 | | 23 city of Fishers. |
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285 | 285 | | 24 (c) For each calendar year to which this section applies, the adjusted |
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286 | 286 | | 25 amount of the city of Carmel's certified shares is equal to the lesser of: |
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287 | 287 | | 26 (1) the amount of the city of Carmel's certified shares determined |
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288 | 288 | | 27 under IC 6-3.6-6, without regard to this section; or |
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289 | 289 | | 28 (2) the product of: |
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290 | 290 | | 29 (A) the amount of the city of Carmel's certified shares |
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291 | 291 | | 30 determined for the immediately preceding calendar year under |
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292 | 292 | | 31 IC 6-3.6-6, for 2021, or this section, after 2021; and |
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293 | 293 | | 32 (B) one and three hundredths (1.03). |
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294 | 294 | | 33 (d) For each calendar year to which this section applies, the adjusted |
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295 | 295 | | 34 amount of the city of Fishers' certified shares is equal to: |
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296 | 296 | | 35 (1) the sum of: |
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297 | 297 | | 36 (A) the amount of the city of Carmel's certified shares |
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298 | 298 | | 37 determined under IC 6-3.6-6, without regard to this section; |
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299 | 299 | | 38 and |
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300 | 300 | | 39 (B) the amount of the city of Fishers' certified shares |
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301 | 301 | | 40 determined under IC 6-3.6-6, without regard to this section; |
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302 | 302 | | 41 minus |
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303 | 303 | | 42 (2) the adjusted amount of the city of Carmel's certified shares |
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304 | 304 | | 2024 IN 263—LS 7047/DI 120 8 |
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305 | 305 | | 1 determined under subsection (c). |
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306 | 306 | | 2 SECTION 11. IC 6-3.6-11-10 IS ADDED TO THE INDIANA |
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307 | 307 | | 3 CODE AS A NEW SECTION TO READ AS FOLLOWS |
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308 | 308 | | 4 [EFFECTIVE JUNE 1, 2024]: Sec. 10. (a) This section applies |
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309 | 309 | | 5 beginning after 2024 to: |
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310 | 310 | | 6 (1) Hamilton County's allocation of tax revenue under |
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311 | 311 | | 7 IC 6-3.6-6; and |
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312 | 312 | | 8 (2) Johnson County's allocation of tax revenue under |
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313 | 313 | | 9 IC 6-3.6-6; |
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314 | 314 | | 10 that is dedicated to certified shares. This section applies only with |
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315 | 315 | | 11 regard to resident local taxpayers as defined in IC 6-3.6-2-15. |
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316 | 316 | | 12 (b) On or before July 1 of each year, the Hamilton County |
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317 | 317 | | 13 auditor and the Johnson County auditor shall each certify to the |
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318 | 318 | | 14 department of state revenue a data file of all valid location |
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319 | 319 | | 15 addresses in their county, identifying, for each location, the street |
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320 | 320 | | 16 and number or rural route and rural route box number, apartment |
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321 | 321 | | 17 or suite number or equivalent, and city, town, or township, along |
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322 | 322 | | 18 with the taxing district within which each address is located. The |
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323 | 323 | | 19 file shall be transmitted by a medium and in a format prescribed |
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324 | 324 | | 20 by the department of state revenue. |
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325 | 325 | | 21 (c) Using the certified share allocation amount under IC 6-3.6-6 |
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326 | 326 | | 22 without regard to this section, the budget agency, the department |
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327 | 327 | | 23 of local government finance, and the department of state revenue |
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328 | 328 | | 24 shall jointly determine the proportionate amount of the allocated |
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329 | 329 | | 25 certified share revenue that is attributed to each taxing district |
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330 | 330 | | 26 within the county based on the location of each local taxpayer's |
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331 | 331 | | 27 residence within the county and the local taxpayer's tax liability. |
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332 | 332 | | 28 (d) Subject to subsections (e) and (f), certified share revenue |
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333 | 333 | | 29 must be attributed first to the taxing district under subsection (c) |
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334 | 334 | | 30 and then to each civil taxing unit within the taxing district in an |
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335 | 335 | | 31 allocation amount determined using the following formula, based |
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336 | 336 | | 32 on the property taxes imposed in the taxing district for the |
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337 | 337 | | 33 calendar year preceding the distribution year: |
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338 | 338 | | 34 STEP ONE: Determine the tax rate of each civil taxing unit |
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339 | 339 | | 35 within the taxing district, including, for a county, the tax rate |
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340 | 340 | | 36 attributable to the welfare allocation amount described in |
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341 | 341 | | 37 IC 6-3.6-2-18. |
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342 | 342 | | 38 STEP TWO: Determine the tax rate of each civil taxing unit |
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343 | 343 | | 39 within the taxing district that is attributable to appropriations |
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344 | 344 | | 40 from property taxes to pay the principal of or interest on |
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345 | 345 | | 41 every debt obligation and capital lease obligation issued after |
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346 | 346 | | 42 June 30, 2005, provided that a debt or capital lease issued |
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347 | 347 | | 2024 IN 263—LS 7047/DI 120 9 |
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348 | 348 | | 1 after June 30, 2005, that was issued in order to refund an |
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349 | 349 | | 2 obligation issued before July 1, 2005, is considered to have |
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350 | 350 | | 3 been issued before July 1, 2005, to the extent it does not |
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351 | 351 | | 4 extend payments on a debt or capital lease beyond the time in |
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352 | 352 | | 5 which the debt or capital lease would have been payable if the |
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353 | 353 | | 6 debt or capital lease had not been refunded or increase the |
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354 | 354 | | 7 total amount that must be paid on a debt or capital lease in |
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355 | 355 | | 8 excess of the amount that would have been paid if the debt or |
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356 | 356 | | 9 capital lease had not been refunded. |
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357 | 357 | | 10 STEP THREE: For each civil taxing unit within the taxing |
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358 | 358 | | 11 district, subtract the STEP TWO rate from the STEP ONE |
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359 | 359 | | 12 rate. |
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360 | 360 | | 13 STEP FOUR: Determine the total of the STEP THREE rates |
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361 | 361 | | 14 for all civil taxing units within the taxing district. |
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362 | 362 | | 15 STEP FIVE: For each civil taxing unit within the taxing |
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363 | 363 | | 16 district, determine the quotient of: |
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364 | 364 | | 17 (A) STEP THREE; divided by |
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365 | 365 | | 18 (B) STEP FOUR; |
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366 | 366 | | 19 expressed as a percentage. |
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367 | 367 | | 20 STEP SIX: For each civil taxing unit within the taxing |
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368 | 368 | | 21 district, determine the product of: |
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369 | 369 | | 22 (A) the total amount of certified share revenue attributed |
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370 | 370 | | 23 to the taxing district under subsection (c); multiplied by |
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371 | 371 | | 24 (B) the civil taxing unit's STEP FIVE percentage. |
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372 | 372 | | 25 (e) This subsection applies only if one (1) or more civil taxing |
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373 | 373 | | 26 units in the county will receive an amount of certified share |
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374 | 374 | | 27 revenue under STEP SIX of subsection (d) for the ensuing year |
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375 | 375 | | 28 that is less than the amount allocated to that civil taxing unit in |
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376 | 376 | | 29 2024 and subsection (f) does not apply. If this subsection applies, |
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377 | 377 | | 30 the amount under STEP SIX of subsection (d) shall be |
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378 | 378 | | 31 redetermined for each civil taxing unit in the county using the |
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379 | 379 | | 32 following formula: |
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380 | 380 | | 33 STEP ONE: For each civil taxing unit in the county that will |
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381 | 381 | | 34 receive an amount of certified share revenue under STEP SIX |
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382 | 382 | | 35 of subsection (d) for the ensuing year that is less than the |
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383 | 383 | | 36 amount allocated to that civil taxing unit in 2024, determine: |
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384 | 384 | | 37 (A) the amount of certified share revenue allocated to the |
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385 | 385 | | 38 civil taxing unit in 2024; minus |
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386 | 386 | | 39 (B) the civil taxing unit's STEP SIX amount under |
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387 | 387 | | 40 subsection (d). |
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388 | 388 | | 41 STEP TWO: Determine the total of all STEP ONE amounts. |
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389 | 389 | | 42 STEP THREE: For each civil taxing unit described in STEP |
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390 | 390 | | 2024 IN 263—LS 7047/DI 120 10 |
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391 | 391 | | 1 ONE, the civil taxing unit's amount determined under STEP |
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392 | 392 | | 2 SIX of subsection (d) shall be increased by its STEP ONE |
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393 | 393 | | 3 amount. |
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394 | 394 | | 4 STEP FOUR: For each civil taxing unit in the county that will |
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395 | 395 | | 5 receive an amount of certified share revenue under STEP SIX |
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396 | 396 | | 6 of subsection (d) for the ensuing year that is equal to or more |
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397 | 397 | | 7 than the amount allocated to that civil taxing unit in 2024, |
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398 | 398 | | 8 determine the product of: |
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399 | 399 | | 9 (A) the civil taxing unit's certified share revenue amount |
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400 | 400 | | 10 under STEP SIX of subsection (d); minus |
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401 | 401 | | 11 (B) the amount of certified share revenue allocated to the |
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402 | 402 | | 12 civil taxing unit in 2024. |
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403 | 403 | | 13 STEP FIVE: Determine the total of all STEP FOUR amounts. |
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404 | 404 | | 14 STEP SIX: For each civil taxing unit described in STEP |
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405 | 405 | | 15 FOUR, determine the quotient of: |
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406 | 406 | | 16 (A) the civil taxing unit's STEP FOUR amount; divided by |
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407 | 407 | | 17 (B) the STEP FIVE amount; |
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408 | 408 | | 18 expressed as a percentage. |
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409 | 409 | | 19 STEP SEVEN: For each civil taxing unit described in STEP |
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410 | 410 | | 20 FOUR, the civil taxing unit's amount determined under STEP |
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411 | 411 | | 21 SIX of subsection (d) shall be decreased by an amount equal |
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412 | 412 | | 22 to: |
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413 | 413 | | 23 (A) the STEP TWO amount; multiplied by |
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414 | 414 | | 24 (B) the civil taxing unit's STEP SIX percentage. |
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415 | 415 | | 25 (f) Notwithstanding subsections (d) and (e), if the certified |
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416 | 416 | | 26 distribution for the county under IC 6-3.6-9-5 for the ensuing year |
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417 | 417 | | 27 is less than the certified distribution made for the county under |
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418 | 418 | | 28 IC 6-3.6-9-5 in 2024, the amount under STEP SIX of subsection (d) |
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419 | 419 | | 29 shall be redetermined for each civil taxing unit in the county using |
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420 | 420 | | 30 the following formula: |
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421 | 421 | | 31 STEP ONE: Determine the certified distribution for the |
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422 | 422 | | 32 county under IC 6-3.6-9-5 for 2024. |
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423 | 423 | | 33 STEP TWO: For each civil taxing unit in the county, |
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424 | 424 | | 34 determine the result of: |
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425 | 425 | | 35 (A) the civil taxing unit's certified share allocation amount |
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426 | 426 | | 36 in 2024; divided by |
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427 | 427 | | 37 (B) the STEP ONE amount; |
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428 | 428 | | 38 expressed as a percentage. |
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429 | 429 | | 39 STEP THREE: For each civil taxing unit in the county, the |
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430 | 430 | | 40 civil taxing unit's amount determined under this section shall |
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431 | 431 | | 41 be equal to: |
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432 | 432 | | 42 (A) the certified distribution for the county under |
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433 | 433 | | 2024 IN 263—LS 7047/DI 120 11 |
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434 | 434 | | 1 IC 6-3.6-9-5 for the ensuing year; multiplied by |
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435 | 435 | | 2 (B) the civil taxing unit's STEP TWO percentage. |
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436 | 436 | | 3 SECTION 12. An emergency has been declared for this act. |
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437 | 437 | | 2024 IN 263—LS 7047/DI 120 |
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