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Tax
Abatement
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What
is Tax Abatement?
Tax
abatement (tax phase-in) was first authorized
by the State in 1977. This gave local government the option of
allowing certain businesses to phase-in those new taxes that
would otherwise be assessed to their property because of new
building construction or the purchase of new equipment for
-
manufacturing
-
research
and development
-
logistical
distribution
-
information
technology
The types of businesses targeted are those
in the manufacturing, warehousing, distribution, commercial
and/or service arenas. Retail and residential facilities
are not eligible for tax abatement unless located in specially
designated areas. For information on eligibility for tax
abatement of retail and residential facilities, click RIZ
abatements.
Tax
abatement is a valuable incentive to attract new businesses into
the Fort Wayne area. Its major impact, however, is to stimulate
reinvestment by existing businesses -- by not penalizing them
with a major tax bill when they can least afford it - after
having just spent their money for a building and/or
manufacturing equipment, or research and development equipment.
Because new taxes are phased-in, each year new tax money goes
into the community coffers while the businesses retain employees
and create new job opportunities for our citizens.
Without this incentive, businesses might not make these capital
improvements at all! To be eligible for tax abatement, the
business must apply for designation as an Economic
Revitalization area (ERA) before beginning the capital
improvement.
What
is an Economic Revitalization Area?
According
to Indiana Law, an Economic Revitalization Area (ERA) is an area
within the corporate limits of a city, town, or county which has
become
"undesirable
for, or impossible of, normal development and occupancy
because of lack of development, cessation of growth,
deterioration of improvements, or character of occupancy, age,
obsolescence, substandard buildings, or other factors which
have impaired values or prevented a normal development of
property".
How
does Tax Phase-In work?
Tax
abatement is a two-step process.
-
First,
City Council must approve an application to designate
property as an Economic Revitalization Area (ERA).
-
Second,
the business must make application to the Allen County Auditor
for a deduction from taxes authorized by the City Council.
There
are two types of tax phase-in: real property (applicable
to building construction); and personal property
(applicable to new manufacturing machinery and/or research and
development equipment and/or logistical distribution equipment
and/or information technology equipment). In addition to requirements of the State
of Indiana Code, Fort Wayne City Council has set policies
regarding the designation of ERAs.
APPLICATIONS
To
begin the process, you must correctly complete and submit an
approved application form and all required attachments. Forms
are available from:
Fort
Wayne Department of Economic Development,
Room 840, City-County Building,
Fort Wayne, Indiana 46802-1804.
(260) 427-1127
Application
fees are due with the completed application. Applications
received after the issuance of an improvement location permit,
or after any filings toward a building permit will not be
processed.
APPLICATION
FEES
Application
fees for designation as an Economic Revitalization Area help
offset administrative costs. The fee is due at the time of
application. It is non-refundable. City Council has established
the following fee schedule:
|
ERA
filing fee (either real or personal property
improvements)
|
$500
|
| ERA
filing fee (both real and personal property
improvements) |
$750 |
|
ERA
filing fee in an EDTA*
|
$100
|
|
Amendments
to extend designations
|
$300 |
| Other
amendments |
$500 |
*
Economic Development Target Area - an area designated for
special development incentives. Click EDTA
MAP to see this area.
PERSONAL
PROPERTY (MANUFACTURING MACHINERY AND/OR RESEARCH
& DEVELOPMENT) TAX PHASE-IN
Companies
that purchase new manufacturing and/or research &
development equipment to be used at their
Fort Wayne facility may be eligible for a tax phase-in period of
five years. To qualify, the equipment must be new to the
State of Indiana and an integral part of the manufacturing
and/or research & development process. (For further
explanation, see Regulation 16 in the County Assessor's office, http://www.ai.org/legislative/ic/code/title6/ar1.1/ch12.1.html
and Indiana Department of Local Government Finance sections 50
IAC 10-1-6 and 10-1-6.5, located at http://www.in.gov/legislative/iac/t00500/a00100.pdf.)
REAL
PROPERTY (BUILDINGS) TAX PHASE-IN
Real
property projects are generally expansions of existing business
buildings or new building construction. Indiana law allows
approved projects to receive an one to ten year
phase-in.
INELIGIBLE
PROJECTS
The
following types of projects are not eligible for tax phase-in
per Indiana Code and City Council policy:
-
Massage
Parlor
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Hot
Tub Facility
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Racetrack
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Tobacco
Store (or facility where tobacco or tobacco products
comprise the majority [greater than 50.0%] of sales.)
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Arcade
Facility (or facility with primarily arcade games).
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Sales,
warehousing, distribution or servicing facility where guns
or other types of weaponry and/or ammunition of any type
comprise the majority (greater than 50.0%) of sales, whether
or not used for purposes of sport.
-
Pawn
Shop
-
Package
Liquor Store that holds a liquor dealer's permit under IC
7.1-3-10 or any other entity required to operate under a
license issued under IC 7.1 et al.
FILING
PROCEDURES
Fort
Wayne City Council designates certain parcels of land as Economic
Revitalization Areas (ERA's). Once an area has been
designated, step two of the process requires the business owner
to file the appropriate forms for a tax deduction with the Allen
County, Indiana Auditor's office. Indiana Code 6-1.1-12.1
provides specific methods for implementing and administering tax
abatements and stringent timelines for filing with the Allen
County Auditor which must be met. In addition, certain
other documents must be filed each year with both the Department
of Economic Development and with the Allen County Auditor. Failure
to file the documents on time will result in no deduction!
Refer to the 2004
Economic Revitalization Area Schedule
for filing deadlines.
ADDITIONAL
SOURCES
For
more information on Economic Revitalization Area designations
and tax deductions, contact the Department of Economic
Development. Additional information can be found in the
Indiana Code (IC 6-1.1-12.1 et. al.) as well as by requesting a
copy of the City of Fort Wayne "Procedures for Designation
of Economic Revitalization Areas".
last
updated:
10/27/2004
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