§ 36-7-30-25.1 — Incentives for businesses in an expired enterprise zone

Indiana § 36-7-30-25.1

• Jurisdiction: Indiana
• Title 36: LOCAL GOVERNMENT
• Art. 7: PLANNING AND DEVELOPMENT
• Ch. 30: Reuse of Federal Military Bases

Text

1. (a) This section applies only to a reuse
authority that had jurisdiction over an enterprise zone established under
IC 5-28-15-11 that is expired under IC 5-28-15.
(b) As used in this section, "incentive" means a tax credit,
deduction, or exemption available under:
(1) IC 6-1.1-45;
(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.

Legislative History

As added by P.L.194-2019, SEC.3.