HomeMy WebLinkAbout2005-R-03RESOLUTION NO. 2005 R _~
A RESOLUTION approving a Late-Filed Application for
The Economic Revitalization Area Deduction on New
Manufacturing Equipment (Form 322 ERA/PPM&E) for
Roll Forming Corporation
WHEREAS, Common Council has previously designated and declared by
Declaratory Resolution and Confirming Resolution property at The Clark Maritime
Center, Jeffersonville. IN 47130 for Roll Forming Corporation (2000R32) under Section
153.13 - 153.24 of the Municipal Code of the City of Jeffersonville, Indiana and I.C. 6-
1.1-12.1: and
WHEREAS. representatives of Roll Forming Corporation have informed the City of
Jeffersonville that their application for deduction from assessed valuation on new
manufacturing equipment in economic revitalization areas 1322 ERAJPPM&E/, for the
2002 pay 2003, 2003 pay 2004, and 2004 pay 2005 tax years ~vere not filed in a timely
manner; and
WHEREAS, the Indiana Department o.f Local Government Finance shall review and
verify the correctness of each application for deduction from assessed valuation on new
manufacturing equipment in economic revitalization areas (322 ERA/PPM&E), under
Indiana Administrative Code (50 IAC 10-3-2(e); and
WHEREAS, the Indiana Department of Local Government Finance has the discretion
to consider late-filed applications for deduction from assessed valuation on ne~v
manufacturing equipment in economic revitalization areas (322 ERA/PPM&E, under
Indiana Administrative Code (50 IAC 10-4-2(a); and
WHEREAS, in exercising its discretion, the Indiana Department of Local
Government Finance, under Indiana Administrative Code (50 IAC 10-4-2(b)(5), shall
consider the totality of the facts and circumstances in determining whether to approve a
late-filed application for deduction from assessed valuation on new manufacturing
equipment in economic revitalization areas (322 ERA/PPM&E). Such considering may
be based on one or more of the following factors:
(1)
(2)
(3)
(4)
Whether the failure to timely file the deduction application resulted from an
act of God, or from the death or serious illness of the person principally
responsible for the filing of the deduction application.
Whether the approval of the late-filed deduction application would result in
the loss of property tax revenues to the taxing units affected by the deduction.
Whether a public official gave misleading information to the taxpayer that
was the proximate cause of the late filing, and whether it was responsible for
the taxpayer to rely on that misleading information.
Whether the lapse between the filing deadline and the date on which the
deduction application was actually filed would have prevented local officials
from accurately determining the assessed value for budget, rate, and levy
purposes.