CHAPTER 44. DEDUCTION FOR PURCHASES OF INVESTMENT PROPERTY BY MANUFACTURERS OF RECYCLED COMPONENTS
IC 6-1.1-44
Chapter 44. Deduction for Purchases of Investment Property by
Manufacturers of Recycled Components
IC 6-1.1-44-1
"Coal combustion product"
Sec. 1. As used in this chapter, "coal combustion product" means
the byproducts resulting from the combustion of coal in a facility
located in Indiana, including a fluidized bed boiler. The term
includes boiler slag, bottom ash, fly ash, and scrubber sludge.
As added by P.L.215-2003, SEC.1.
IC 6-1.1-44-2
"Investment property"
Sec. 2. As used in this chapter, "investment property" means
depreciable personal property that a manufacturer purchases and uses
to manufacture recycled components.
As added by P.L.215-2003, SEC.1.
IC 6-1.1-44-3
"Manufacturer"
Sec. 3. (a) As used in this chapter, "manufacturer" means a
taxpayer that:
(1) obtains and uses coal combustion products for the
manufacturing of recycled components; and
(2) is at least one (1) of the following:
(A) A new business.
(B) An existing business that, during the taxable year in
which the taxpayer claims a deduction under this chapter,
expands the business's manufacturing process to
manufacture recycled components.
(C) An existing business that:
(i) manufactures recycled components; and
(ii) during the taxable year in which the taxpayer claims a
deduction under this chapter, increases purchases of coal
combustion products by the amount determined in
subsection (b).
(b) To be within the definition set forth in subsection (a), a
taxpayer described in subsection (a)(2)(C) must increase the
taxpayer's purchases of coal combustion products by the amount
determined in STEP THREE of the following STEPS:
STEP ONE: Determine the amount of the taxpayer's purchases
of coal combustion products for each of the three (3) taxable
years immediately preceding the taxable year in which the
taxpayer claims a deduction under this chapter.
STEP TWO: Determine the largest amount determined under
STEP ONE.
STEP THREE: Determine the product of:
(A) the STEP TWO amount; multiplied by
(B) one-tenth (0.1).
As added by P.L.215-2003, SEC.1.
IC 6-1.1-44-4
"Recycled component"
Sec. 4. As used in this chapter, a unit of materials, goods, or other
tangible personal property is a "recycled component" if coal
combustion products constitute at least fifteen percent (15%) by
weight of the substances of which the unit is composed. Recycled
components include:
(1) aggregates;
(2) fillers;
(3) cementitious materials; or
(4) any combination of aggregates, filler, or cementitious
materials;
that are used in the manufacture of masonry construction products
(including portland cement based mortar), normal and lightweight
concrete, blocks, bricks, pavers, pipes, prestressed concrete products,
filter media, and other products approved by the center for coal
technology research established under IC 21-47-4.
As added by P.L.215-2003, SEC.1. Amended by P.L.2-2007,
SEC.117.
IC 6-1.1-44-5
Deduction for investment property; amount
Sec. 5. (a) A manufacturer is entitled to a deduction from the
assessed valuation of the investment property in the first year that the
investment property is subject to assessment under this article.
(b) The amount of a deduction described in subsection (a) equals
the product of:
(1) the assessed value of the investment property; multiplied by
(2) fifteen hundredths (0.15).
As added by P.L.215-2003, SEC.1.
IC 6-1.1-44-6
Application for deduction
Sec. 6. (a) To obtain a deduction under this chapter, a
manufacturer must file an application on forms prescribed by the
department of local government finance with the auditor of the
county in which the investment property is located. A person that
timely files a personal property return under IC 6-1.1-3-7(a) for the
year in which the investment property is installed must file the
application between March 1 and May 15 of that year. A person that
obtains a filing extension under IC 6-1.1-3-7(b) for the year in which
the investment property is installed must file the application between
March 1 and the extended due date for that year.
(b) The deduction application required by this section must
contain the following information:
(1) The name of the owner of the investment property.
(2) A description of the investment property.
(3) Proof of purchase of the investment property and proof of
the date the investment property was installed.
(4) The amount of the deduction claimed.
As added by P.L.215-2003, SEC.1.
IC 6-1.1-44-7
Conditions on obtaining deduction
Sec. 7. A taxpayer that obtains a credit under IC 6-3.1-25.2 may
not obtain a deduction under this chapter in a taxable year.
As added by P.L.215-2003, SEC.1.