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Resolution No. 3622 (Confirming TIF Expansion RWDA) - Signed
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Resolution No. 3622 (Confirming TIF Expansion RWDA) - Signed
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12/17/2024 8:21:01 AM
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SOUTH BEND (INDIANA) REDEVELOPMENT COMMISSION <br />STATEMENT DISCLOSING THE IMPACT OF AMENDING THE RIVER WEST <br />DEVELOPMENT AREA AND RIVER WEST ALLOCATION AREA <br />3 <br />ESTIMATED TAX INCREMENT (Cont’d) <br />December 31, 2022. Currently, a post-2009 referendum tax rate is in place in the South Bend - Portage <br />Township, the South Bend – German Township, and the South Bend - Warren Township taxing districts. <br />Assuming no change in law, any future referendum-approved tax rates will not be included in the calculation of <br />Tax Increment in the Expansion Allocation Area. The incremental assessed value that will result from the Future <br />Development or any additional development will be included in the tax base of the applicable taxing unit for the <br />purposes of calculating the property tax levy associated with a referendum-approved tax rate. <br />Circuit Breaker Tax Credits (Property Tax Caps) <br />Article 10, Section 1 of the Constitution of the State of Indiana (the “Constitutional Provision”) provides that, for <br />property taxes first due and payable in 2012 and thereafter, the Indiana General Assembly shall, by law, limit a <br />taxpayer’s property tax liability to a specified percentage of the gross assessed value of the taxpayer’s real and <br />personal property. Indiana Code 6-1.1-20.6 (the “Statute”) authorizes such limits in the form of a tax credit for all <br />property taxes in an amount that exceeds the gross assessed value of real and personal property eligible for the <br />credit (the “Circuit Breaker Tax Credit”). <br />For property assessed as a homestead (as defined in Indiana Code 6-1.1-12-37), the Circuit Breaker Tax Credit is <br />equal to the amount by which the property taxes attributable to the homestead exceed 1% of the gross assessed <br />value of the homestead. Property taxes attributable to the gross assessed value of other residential property, <br />agricultural property, and long-term care facilities are limited to 2% of the gross assessed value, property taxes <br />attributable to other non-residential real property and personal property are limited to 3% of the gross assessed <br />value. The Statute provides additional property tax limits for property taxes paid by certain senior citizens. If <br />applicable, the Circuit Breaker Tax Credit will result in a reduction of property tax collections for each political <br />subdivision in which the Circuit Breaker Tax Credit is applied. Political subdivisions may not increase their <br />property tax levy or borrow money to make up for any property tax revenue shortfall due to the application of the <br />Circuit Breaker Tax Credit. <br />The Constitutional Provision excludes from the application of the Circuit Breaker Tax Credit property taxes first <br />due and payable in 2012, and thereafter, that are imposed after being approved by the voters in a referendum. <br />The Statute codifies this exception, providing that, with respect to property taxes first due and payable in 2012 <br />and thereafter, property taxes imposed after being approved by the voters in a referendum will not be considered <br />for purposes of calculating the limits to property tax liability under the provisions of the Statute. <br />In this analysis, the Circuit Breaker Tax Credit is estimated to reduce the total Tax Increment for the River West <br />Allocation Area, due to the fact that the estimated Tax Increment, based on certified pay 2024 tax rate for the <br />South Bend - Portage Township and South Bend – German Township taxing districts, is above the maximum <br />threshold of 3% for commercial properties. There can be no assurance that the levies and tax rates of the South <br />Bend - Portage Township, the South Bend – German Township, and the overlapping taxing units will not increase <br />in some future year to the point of causing the Circuit Breaker Tax Credit to be further applied to taxpayers’ tax <br />bills. <br />ESTIMATED IMPACT OF AMENDING THE AREA, THE RIVER WEST ALLOCATION AREA, AND THE PLAN <br />The schedules entitled “Estimated Impact of Amending the Area and River West Allocation Area on the <br />Overlapping Taxing Units” provide an estimate of the effects of amending the Area, River West Allocation Area, <br />and the Plan on the tax rates and tax levies of the overlapping taxing units (holding all other factors constant). <br />Scenario I: Present Situation (Prior to Amending the Area, the River West Allocation Area, and the Plan) <br />Scenario I represents the current situation prior to amending the Area, the River West Allocation Area, and the <br />Plan. Scenario I presents the payable 2024 assessed values, property tax levies, and tax rates for the overlapping <br />taxing units. The incremental assessed value of the South Bend – Portage Township taxing district portion of the
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