Business inventory tax exemption; reimbursement of counties and municipalities

# (A)

A county and municipality must be reimbursed for the revenue lost as a result of the business inventory tax exemption based on the 1987 tax year millage and 1987 tax year assessed value of inventories in the county and municipality. The reimbursement amount must be redistributed proportionately to the separate millages levied by the political subdivision within the county for the current tax year millage. There is credited annually, as provided in Section 11-11-150, to the Trust Fund for Tax Relief whatever amount is necessary to reimburse fully all counties and municipalities the required amount. The department shall make remittances of this reimbursement to a county and municipality in four equal payments.

# (B)

Notwithstanding another provision of law, business inventory exempted from property taxation in the manner provided in this section is considered taxable property in an amount equal to the 1987 tax year assessed valuation for purposes of bonded indebtedness pursuant to Sections 14 and 15, Article X of the Constitution of this State and for purposes of computing the "index of taxpaying ability" pursuant to item (3) of Section 59-20-20.

# (C)

If a portion of a special purpose district is annexed to a municipality and its service functions in the annexed area are assumed by the municipality, the total amount remitted to the county and municipality pursuant to this section may not exceed the total amount which would be remitted to the two entities separately. However, the assessed valuation and special purpose district tax levy for tax year 1987 with respect to the annexed portion of the special purpose district must be taken into consideration in determining the proportionate share of the total allocation due to the county and the municipality.

Last amended: 1984 Act No. 512, Part II, SECTION 16(3); 1986 Act No. 540, Part II, SECTIONS 3A-3C; 1993 Act No. 137, SECTION 1; 1993 Act No. 164, Part II, SECTION 57A; 1995 Act No. 145, Part II, SECTION 102A; 1998 Act No. 419, Part II, SECTION 29D; 2006 Act No. 386, SECTION 55.J, eff June 14, 2006; 2015 Act No. 87 (S.379), SECTION 6, eff June 11, 2015. Effect of Amendment 2015 Act No. 87, SECTION 6, in (A), rewrote the second sentence.

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