Indiana Code 36-7-30-25.1. Incentives for businesses in an expired enterprise zone
(b) As used in this section, “incentive” means a tax credit, deduction, or exemption available under:
Terms Used In Indiana Code 36-7-30-25.1
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- in writing: include printing, lithographing, or other mode of representing words and letters. See Indiana Code 1-1-4-5
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Property: includes personal and real property. See Indiana Code 1-1-4-5
- reuse authority: means a military base reuse authority established under section 3 of this chapter. See Indiana Code 36-7-30-1
- Verified: when applied to pleadings, means supported by oath or affirmation in writing. See Indiana Code 1-1-4-5
- Year: means a calendar year, unless otherwise expressed. See Indiana Code 1-1-4-5
(2) IC 6-3-3-10;
(3) IC 6-3.1-7 (before its expiration); and
(4) IC 6-3.1-10 (before its expiration).
(c) Subject to the approval of the Indiana economic development corporation, a reuse authority may certify a business that is located within the boundaries of an enterprise zone (before its expiration) for one (1) or more incentives described in subsection (b)(1) through (b)(4).
(d) A business wishing to receive a certification for an incentive must apply to the reuse authority in the form and in the manner prescribed by the reuse authority.
(e) If a reuse authority issues a certification for one (1) or more incentives to a business under this section, the reuse authority shall provide a copy of the certification to:
(1) the business;
(2) the department of local government finance; and
(3) the department of state revenue.
(f) A business that claims any of the incentives available to businesses shall, before June 1 of each year:
(1) submit to the reuse authority, on a form prescribed by the reuse authority, a verified summary concerning the amount of tax credits and exemptions claimed by the business in the preceding year; and
(2) pay the amount specified in subsection (h) to the reuse authority.
(g) A reuse authority may adopt guidelines for the revocation of a business’s certification for one (1) or more incentives under this section, if the business does not do one (1) of the following:
(1) Use all its incentives for its property or employees in the boundaries of the enterprise zone (before its expiration).
(2) Remain open and operating as a business for twelve (12) months of the year for which the incentive is claimed.
(h) Each business that is certified by a reuse authority to receive an incentive under this section shall assist the reuse authority in an amount determined by the reuse authority. If a business does not assist the reuse authority as required under this subsection, the reuse authority may pass a resolution disqualifying the business from eligibility for all incentives available to the business. If all of a business’s incentives exceed one thousand dollars ($1,000) in a year, the reuse authority may impose an additional fee on a business to be paid to the reuse authority in an amount equal to one percent (1%) of all its incentives to be used exclusively for the reuse authority’s administrative expenses.
(i) If a reuse authority disqualifies a business under subsection (h), the reuse authority shall notify the department of local government finance and the department of state revenue in writing not more than thirty (30) days after the passage of the resolution disqualifying the business. Disqualification of a business under this section is effective beginning with the taxable year in which the resolution disqualifying the business is adopted.
(j) This subsection applies to a zone business (as defined in IC 5-28-15-3) that received incentives in an enterprise zone described in subsection (a) that are claimed by the zone business after the phaseout of the enterprise zone. Notwithstanding the expiration of the enterprise zone, the termination of the U.E.A., or any other provision in IC 5-28-15, the zone business shall pay to the reuse authority the same fee or amount determined under IC 5-28-15-5.7(b) for the zone business on the day immediately preceding the day on which the enterprise zone expired and for the same period as if the enterprise zone was not expired.
As added by P.L.194-2019, SEC.3.