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Indiana House Ways and Means Committee Hearing 2/14/12 @ 9am on SB 344 includes property tax exemption for solar PV February 13, 2012

Posted by Laura Arnold in 2012 Indiana General Assembly, Uncategorized.
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ACTION ALERT

The Indiana House Ways and Means Committee has scheduled a committee hearing on SB 344 on state taxation. SB 344 was amended and passed the Indiana Senate with language which now includes a property tax exemption for solar photovoltaic systems.See below for language in the bill.

Agenda for :

Indiana House Ways and Means Committee

Monday, February 14, 2012 9:00 AM EST

Room 404 State House, Indianapolis, IN

Watch Video of the General Assembly >Please select video stream > House Ways and means

Chairman : Espich

Vice-Chair : Crouch

Members :

Cherry Chair of Budget Subcommittee, Dermody Chair Higher Ed Sub,

Pond Chair Health & Medicaid Sub, M. Smith Chair Tax Sub,

Thompson Chair K-12 Sub, Baird, Clere, Karickhoff, Kubacki,

Leonard, McClain, Truitt, Turner, Ubelhor.

Crawford R.M.M., Candelaria Reardon, Goodin, Kersey, Klinker,

Moses, Pelath, Pryor, Welch.

The following previously scheduled bills are eligible for amendment and vote only.

SB 98 – Amend & Vote Only

SB 143 – Amend & Vote Only

Authors, Sponsors/Co-Sponsors

Hearing :

>SB 0344 State taxation. Hershman, Mishler Espich, Welch<

SB 0140 Slot machine wagering tax. Kenley, Charbonneau Espich, Crawford

SB 0142 Property tax issues. Kenley, Hershman Espich, Crawford

SB 0307 Fire protection territories. Hershman, Kenley VanNatter, Welch

SB 0345 Statewide 911 system. Hershman, Wyss Thompson, Soliday, Welch

SB 0098 County highway maintenance funding. Kenley, Charbonneau Espich, Crawford

SB 0143 Automatic taxpayer refund. Kenley, Charbonneau Espich, Crawford

Language in SB 344 as it was amended and passed the Indiana State Senate now includes the following:

CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2012 (RETROACTIVE)]:

Sec. 26.1. (a) This section applies only to a solar power device that is installed after December 31, 2011.
(b) This section does not apply to a solar power device that is owned or operated by a person that provides electricity at wholesale or retail for consideration other than a person that:
(1) participates in a net metering or feed-in-tariff program offered by an electric utility with respect to the solar power device; or
(2) is the owner or host of the solar power device site and a person consumes on the site the equivalent amount of electricity that is generated by the solar power device on an annual basis even if the electricity is sold to a public utility, including a solar power device directly serving a public utility’s business operations site.
(c) For purposes of this section, “solar power device” means a device, such as a solar thermal, a photovoltaic, or other solar energy system, that is designed to use the radiant light or heat from the sun to produce electricity.
(d) The owner of real property equipped with a solar power device that is assessed as a real property improvement may have deducted annually from the assessed value of the real property an amount equal to:
(1) the assessed value of the real property with the solar power device included; minus
(2) the assessed value of the real property without the solar power device.
(e) The owner of a solar power device that is assessed as:
(1) distributable property under IC 6-1.1-8; or
(2) personal property;
may have deducted annually the assessed value of the solar power device.

SOURCE: IC 6-1.1-12-27.1; (12) SB0344.2.5. –> SECTION 5. IC 6-1.1-12-27.1, AS AMENDED BY P.L.113-2010, SECTION 26, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2012 (RETROACTIVE)]: Sec. 27.1. Except as provided in sections 36 and 44 of this chapter and subject to section 45 of this chapter, a person who desires to claim the deduction provided by section 26 or 26.1 of this chapter must file a certified statement in duplicate, on forms prescribed by the department of local government finance, with the auditor of the county in which the real property, or mobile home, manufactured home, or solar power device is subject to assessment. With respect to real property or a solar power device that is assessed as distributable property under IC 6-1.1-8 or as personal property, the person must file the statement during the year for which the person desires to obtain the deduction. Except as provided in sections 36 and 44 of this chapter and subject to section 45 of this chapter, with respect to a mobile home which is not assessed as real property, the person must file the statement during the twelve (12) months before March 31 of each year for which the person desires to obtain the deduction. The person must:
(1) own the real property, mobile home, or manufactured home or own the solar power device;
or
(2) be buying the real property, mobile home, or manufactured home, or solar power device under contract; or
(3) be leasing the real property from the real property owner and be subject to assessment and property taxation with respect to the solar power device;

on the date the statement is filed under this section. The statement may be filed in person or by mail. If mailed, the mailing must be postmarked on or before the last day for filing. On verification of the statement by the assessor of the township in which the real property, or mobile home, manufactured home, or solar power device is subject to assessment, or the county assessor if there is no township assessor for the township, the county auditor shall allow the deduction.

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