Indiana Code 6-1.1-42-28. Amount of deduction
(1) the increase in the assessed value resulting from the remediation and redevelopment in the zone or the location of personal property in the zone, or both; multiplied by
Terms Used In Indiana Code 6-1.1-42-28
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- designating body: means the following:
Indiana Code 6-1.1-42-2
- Property: includes personal and real property. See Indiana Code 1-1-4-5
- remediation: has the meaning set forth in IC 13-11-2-186. See Indiana Code 6-1.1-42-3
- Year: means a calendar year, unless otherwise expressed. See Indiana Code 1-1-4-5
- zone: means a brownfield revitalization zone established under this chapter. See Indiana Code 6-1.1-42-4
(b) The percentage to be used in calculating the deduction under subsection (a) is as follows:
(1) For deductions allowed over a three (3) year period:
|
|
YEAR OF DEDUCTION |
PERCENTAGE |
|
|
1st |
100% |
|
|
2nd |
66% |
|
|
3rd |
33% |
(2) For deductions allowed over a six (6) year period:
|
|
YEAR OF DEDUCTION |
PERCENTAGE |
|
|
1st |
100% |
|
|
2nd |
85% |
|
|
3rd |
66% |
|
|
4th |
50% |
|
|
5th |
34% |
|
|
6th |
17% |
(3) For deductions allowed over a ten (10) year period:
|
|
YEAR OF DEDUCTION |
PERCENTAGE |
|
|
1st |
100% |
|
|
2nd |
95% |
|
|
3rd |
80% |
|
|
4th |
65% |
|
|
5th |
50% |
|
|
6th |
40% |
|
|
7th |
30% |
|
|
8th |
20% |
|
|
9th |
10% |
|
|
10th |
5% |
(c) The amount of the deduction determined under subsection (a) shall be adjusted in accordance with this subsection in the following circumstances:
(1) If a reassessment under a county’s reassessment plan prepared under IC 6-1.1-4-4.2 occurs within the particular period of the deduction, the amount determined under subsection (a)(1) shall be adjusted to reflect the percentage increase or decrease in assessed valuation that resulted from the reassessment.
(2) If an appeal of an assessment is approved that results in a reduction of the assessed value of the redeveloped or rehabilitated property, the amount of any deduction shall be adjusted to reflect the percentage decrease that resulted from the appeal.
(3) The amount of the deduction may not exceed the limitations imposed by the designating body under section 23 of this chapter.
(4) The amount of the deduction must be proportionally reduced by the proportionate ownership of the property by a person that:
(A) has an ownership interest in an entity that contributed; or
(B) has contributed;
a contaminant (as defined in IC 13-11-2-42) that is the subject of the voluntary remediation, as determined under the written standards adopted by the department of environmental management.
The department of local government finance may adopt rules under IC 4-22-2 to implement this subsection.
As added by P.L.59-1997, SEC.1. Amended by P.L.119-1999, SEC.9; P.L.90-2002, SEC.285; P.L.219-2007, SEC.86; P.L.112-2012, SEC.49; P.L.203-2016, SEC.19; P.L.86-2018, SEC.66.