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IC 6-1.1
ARTICLE 1.1. PROPERTY TAXES
IC 6-1.1-1Chapter 1. General Definitions and Rules of
Construction
IC 6-1.1-1-1Applicability
Sec. 1. The definitions and rules of construction contained in
thischapter apply throughout this article unless the context
clearlyrequires otherwise.(Formerly: Acts 1975, P.L.47, SEC.1.)
IC 6-1.1-1-1.5"Assessing official"
Sec. 1.5. (a) "Assessing official" means:(1) a township assessor
(if any);(2) a county assessor; or(3) a member of a county property
tax assessment board ofappeals.
(b) The term "assessing official" does not grant a member of
thecounty property tax assessment board of appeals primary
assessingfunctions except as may be granted to the member by law.As
added by P.L.41-1993, SEC.3. Amended by P.L.1-1994,
SEC.24;P.L.6-1997, SEC.7; P.L.88-2005, SEC.3; P.L.146-2008,
SEC.45.
IC 6-1.1-1-2"Assessment date"
Sec. 2. "Assessment date" means the date on which
tangibleproperty is assessed and valued for purposes of collecting
ad valoremproperty taxes imposed for that date. The term refers to
the datespecified in IC 6-1.1-2-1.5.(Formerly: Acts 1975, P.L.47,
SEC.1.) As amended by Acts 1977,P.L.62, SEC.1; P.L.111-2014,
SEC.1.
IC 6-1.1-1-3"Assessed value" or "assessed valuation"
Sec. 3. (a) Except as provided in subsection (b), "assessed
value"or "assessed valuation" means an amount equal to:
(1) for assessment dates before March 1, 2001, thirty-three
andone-third percent (33 1/3%) of the true tax value of
property;and(2) for assessment dates after February 28, 2001, the
true taxvalue of property.
(b) For purposes of calculating a budget, rate, or levy underIC
6-1.1-17, IC 6-1.1-18, IC 6-1.1-18.5, IC 6-1.1-20, IC 20-46-4,IC
20-46-5, and IC 20-46-6, "assessed value" or "assessed
valuation"does not include the net assessed value of tangible
property excluded
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and kept separately on a tax duplicate by a county auditor
underIC 6-1.1-17-0.5.(Formerly: Acts 1975, P.L.47, SEC.1.) As
amended by P.L.24-1986,SEC.2; P.L.6-1997, SEC.6; P.L.291-2001,
SEC.204; P.L.2-2006,SEC.35; P.L.146-2008, SEC.46; P.L.137-2012,
SEC.12.
IC 6-1.1-1-3.5"Base rate"
Sec. 3.5. "Base rate" means the statewide agricultural land
baserate value per acre used to determine the true tax value of
agriculturalland under:
(1) the real property assessment guidelines of the department
oflocal government finance; or(2) rules or guidelines of the
department of local governmentfinance that succeed the guidelines
referred to in subdivision(1).
As added by P.L.228-2005, SEC.1.
IC 6-1.1-1-3.8"Civil taxing unit"
Sec. 3.8. "Civil taxing unit" has the meaning set forth inIC
6-1.1-18.5-1.As added by P.L.182-2009(ss), SEC.82.
IC 6-1.1-1-4"Common council of city" or "county council"
Sec. 4. "Common council of a city" or "county council" includesa
city-county council.(Formerly: Acts 1975, P.L.47, SEC.1.)
IC 6-1.1-1-5"Deduction"
Sec. 5. "Deduction" means a situation where a taxpayer
ispermitted to subtract a fixed dollar amount from the assessed
valueof his property.(Formerly: Acts 1975, P.L.47, SEC.1.)
IC 6-1.1-1-5.4"Department"
Sec. 5.4. "Department" refers to the department of
localgovernment finance.As added by P.L.182-2009(ss), SEC.83.
IC 6-1.1-1-5.5Repealed
(As added by P.L.88-2005, SEC.4. Repealed by
P.L.146-2008,SEC.818.)
IC 6-1.1-1-6
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"Exemption"Sec. 6. "Exemption" means a situation where a certain
type of
property, or the property of a certain kind of taxpayer, is not
taxableunder this article.(Formerly: Acts 1975, P.L.47, SEC.1.)
IC 6-1.1-1-7"Filing date"
Sec. 7. "Filing date", for purposes of IC 6-1.1-3 and IC
6-1.1-16-1,has the meaning set forth in IC 6-1.1-3-1.5.(Formerly:
Acts 1975, P.L.47, SEC.1.) As amended by P.L.111-2014,SEC.2.
IC 6-1.1-1-8"General assessment provisions of this article"
Sec. 8. "General assessment provisions of this article" means
thelaw contained in:
(1) chapters 3, 4, 5, 9, 11, 13, 14, 15, 16, 28, 31, and 35 of
thisarticle;
(2) sections 4, 6, 7, 8, 11, 12, and 13 of chapter 30 of this
article;(3) sections 1 through 7, inclusive, of chapter 36 of this
article;
and(4) sections 2, 3, 7, 8, 9, 10.7, 11, 12, and 13 of chapter
37 of this
article.(Formerly: Acts 1975, P.L.47, SEC.1.) As amended by
P.L.67-2006,SEC.1.
IC 6-1.1-1-8.3"Indiana board"
Sec. 8.3. "Indiana board" refers to the Indiana board of tax
reviewestablished by IC 6-1.5-2-1.As added by P.L.198-2001,
SEC.4.
IC 6-1.1-1-8.4"Inventory"
Sec. 8.4. (a) "Inventory" means:(1) materials held for
processing or for use in production;(2) finished or partially
finished goods of a manufacturer orprocessor; and(3) property held
for sale in the ordinary course of trade orbusiness.
(b) The term includes:(1) items that qualify as inventory under
50 IAC 4.2-5-1 (aseffective December 31, 2008); and(2) subject to
subsection (c), a mobile home or manufacturedhome that:
(A) does not qualify as real property;(B) is located in a mobile
home community;(C) is unoccupied; and
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(D) is owned and held for sale by the owner of the mobilehome
community.
(c) Subsection (b)(2) applies regardless of whether the
mobilehome that is held for sale is new or was previously owned.As
added by P.L.146-2008, SEC.47. Amended by
P.L.182-2009(ss),SEC.84.
IC 6-1.1-1-8.5"Key number"
Sec. 8.5. "Key number" means a number assigned to a tract of
landin a county by a county auditor that:
(1) identifies the taxing district in which the tract is
located;(2) is a number that is not assigned to any other tract in
thecounty; and(3) is listed in the transfer book or records
maintained underIC 6-1.1-5.
As added by P.L.73-1987, SEC.1.
IC 6-1.1-1-8.7"Mobile home"
Sec. 8.7. "Mobile home" has the meaning set forth in IC
6-1.1-7-1.As added by P.L.1-2004, SEC.3 and P.L.23-2004, SEC.3.
IC 6-1.1-1-8.8"Mobile home community"
Sec. 8.8. "Mobile home community" has the meaning set forth inIC
16-41-27-5.As added by P.L.113-2010, SEC.12.
IC 6-1.1-1-9"Owner"
Sec. 9. (a) For purposes of this article, the "owner" of
tangibleproperty shall be determined by using the rules contained
in thissection.
(b) Except as otherwise provided in this section, the holder of
thelegal title to personal property, or the legal title in fee to
realproperty, is the owner of that property.
(c) When title to tangible property passes on the assessment
dateof any year, only the person obtaining title is the owner of
thatproperty on the assessment date.
(d) When the mortgagee of real property is in possession of
themortgaged premises, the mortgagee is the owner of that
property.
(e) When personal property is security for a debt and the debtor
isin possession of the property, the debtor is the owner of that
property.
(f) When a life tenant of real property is in possession of the
realproperty, the life tenant is the owner of that property.
(g) When the grantor of a qualified personal residence
trustcreated under United States Treasury Regulation
25.2702-5(c)(2) is:
(1) in possession of the real property transferred to the trust;
and
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(2) entitled to occupy the real property rent free under the
termsof the trust;
the grantor is the owner of that real property.(Formerly: Acts
1975, P.L.47, SEC.1.) As amended by P.L.101-2008,SEC.1.
IC 6-1.1-1-10"Person"
Sec. 10. "Person" includes a sole proprietorship,
partnership,association, corporation, limited liability company,
fiduciary, orindividual.(Formerly: Acts 1975, P.L.47, SEC.1.) As
amended by P.L.8-1993,SEC.74.
IC 6-1.1-1-11"Personal property"
Sec. 11. (a) Subject to the limitation contained in subsection
(b),"personal property" means:
(1) billboards and other advertising devices which are locatedon
real property that is not owned by the owner of the devices;(2)
foundations (other than foundations which support abuilding or
structure) on which machinery or equipment:
(A) held for sale in the ordinary course of a trade or
business;(B) held, used, or consumed in connection with
theproduction of income; or(C) held as an investment;
is installed;(3) all other tangible property (other than real
property) which:
(A) is being held as an investment; or(B) is depreciable
personal property; and
(4) mobile homes that do not qualify as real property and are
notdescribed in subdivision (3).
(b) Personal property does not include the following:(1)
Commercially planted and growing crops while in theground.(2)
Computer application software.(3) Inventory.
(Formerly: Acts 1975, P.L.47, SEC.1.) As amended by
P.L.41-1984,SEC.1; P.L.98-1989, SEC.3; P.L.214-2005, SEC.10;
P.L.146-2008,SEC.48; P.L.131-2008, SEC.2; P.L.1-2009, SEC.26.
IC 6-1.1-1-12"Political subdivision"
Sec. 12. "Political subdivision" means a county, township,
city,town, separate municipal corporation, special taxing district,
orschool corporation.(Formerly: Acts 1975, P.L.47, SEC.1.)
IC 6-1.1-1-13
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Repealed(Repealed by P.L.1-1988, SEC.10.)
IC 6-1.1-1-14"Property taxation"
Sec. 14. "Property taxation" means the taxation of property
underthis article.(Formerly: Acts 1975, P.L.47, SEC.1.)
IC 6-1.1-1-15"Real property"
Sec. 15. "Real property" means:(1) land located within this
state;(2) a building or fixture situated on land located within
thisstate;(3) an appurtenance to land located within this state;(4)
an estate in land located within this state, or an estate, right,or
privilege in mines located on or minerals, including but notlimited
to oil or gas, located in the land, if the estate, right,
orprivilege is distinct from the ownership of the surface of
theland; and(5) notwithstanding IC 6-6-6-7, a riverboat:
(A) licensed under IC 4-33; or(B) operated under an operating
agent contract underIC 4-33-6.5;
for which the department of local government finance shall
prescribestandards to be used by assessing officials.(Formerly:
Acts 1975, P.L.47, SEC.1; Acts 1975, P.L.48, SEC.1.) Asamended by
P.L.25-1995, SEC.11; P.L.90-2002, SEC.20;P.L.92-2003, SEC.60;
P.L.146-2008, SEC.49.
IC 6-1.1-1-16"School corporation"
Sec. 16. "School corporation" means any public schoolcorporation
established under the laws of the state of Indiana. Theterm
includes, but is not limited to, any school city, school
town,consolidated school corporation, metropolitan school
district,township school corporation, county school corporation,
unitedschool corporation, and a community school
corporation.(Formerly: Acts 1975, P.L.47, SEC.1.) As amended by
P.L.233-2015,SEC.15.
IC 6-1.1-1-17"Special assessment"
Sec. 17. "Special assessment" means a ditch or
drainageassessment, barrett law assessment, improvement assessment,
sewerassessment, sewage assessment, or any other assessment which
bylaw is placed on the records of the county treasurer for
collection.(Formerly: Acts 1975, P.L.47, SEC.1.)
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IC 6-1.1-1-18"State agency"
Sec. 18. "State agency" means a board, commission,
department,division, bureau, committee, authority, military body,
college,university or other instrumentality of this state, but does
not includea political subdivision or an instrumentality of a
political subdivision.(Formerly: Acts 1975, P.L.47, SEC.1.)
IC 6-1.1-1-19"Tangible property"
Sec. 19. "Tangible property" means real property and
personalproperty as those terms are defined in this
chapter.(Formerly: Acts 1975, P.L.47, SEC.1.)
IC 6-1.1-1-20"Taxing district"
Sec. 20. "Taxing district" means a geographic area within
whichproperty is taxed by the same taxing units and at the same
total rate.(Formerly: Acts 1975, P.L.47, SEC.1.)
IC 6-1.1-1-21"Taxing unit"
Sec. 21. "Taxing unit" means an entity which has the power
toimpose ad valorem property taxes.(Formerly: Acts 1975, P.L.47,
SEC.1.)
IC 6-1.1-1-22Repealed
(Formerly: Acts 1975, P.L.47, SEC.1. As amended byP.L.88-2005,
SEC.5. Repealed by P.L.146-2008, SEC.818.)
IC 6-1.1-1-22.5"Tract"
Sec. 22.5. "Tract" means any area of land that is under
commonownership and is contained within a continuous border.As
added by P.L.74-1987, SEC.1.
IC 6-1.1-1-22.7Repealed
(As added by P.L.88-2005, SEC.6. Repealed by
P.L.146-2008,SEC.818.)
IC 6-1.1-1-23Gender pronoun; singular nouns
Sec. 23. (a) Whenever a masculine gender pronoun is used in
thisarticle, it refers to the masculine, feminine, or neuter,
whichever isappropriate.
(b) The singular form of any noun used in this article includes
theplural, and the plural includes the singular, where
appropriate.
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(Formerly: Acts 1975, P.L.47, SEC.1.)
IC 6-1.1-1-24Duties of township assessor assumed by county
assessor
Sec. 24. If a transfer from a township assessor to the
countyassessor of the assessment duties prescribed by this article
occurs asdescribed in IC 36-2-15-5(c), a reference to the township
assessor inthis article is considered to be a reference to the
county assessor.As added by P.L.219-2007, SEC.9. Amended by
P.L.3-2008, SEC.32;P.L.1-2010, SEC.20; P.L.167-2015, SEC.3.
IC 6-1.1-1-25Determination of a deadline date under this
article; first businessday after the stated deadline
Effective 1-1-2016.Sec. 25. If a deadline imposed upon a
political subdivision, the
department of local government finance, or the Indiana board by
thisarticle is not a business day, the last day for the political
subdivision,the department of local government finance, or the
Indiana board totake the action required by this article is the
first business day afterthe stated deadline.As added by
P.L.244-2015, SEC.1.
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IC 6-1.1-2Chapter 2. Imposition of Tax
IC 6-1.1-2-0.1Application of certain amendments to chapter
Sec. 0.1. The following amendments to this chapter apply
asfollows:
(1) The amendments made to section 6 of this chapter (before
itsrepeal) by P.L.98-1989 apply to boating years beginning
afterDecember 31, 1989.(2) The amendments made to section 4 of this
chapter byP.L.51-1997 apply only to assessment years beginning
afterDecember 31, 1997.(3) If a court makes a final determination
that the commercialvehicle excise tax, as added by P.L.181-1999 is
invalid, theamendments made to section 7 of this chapter by
P.L.181-1999are void upon the exhaustion of all appeals of the
court's finaldetermination.
As added by P.L.220-2011, SEC.116.
IC 6-1.1-2-1Property subject to tax
Sec. 1. Except as otherwise provided by law, all tangible
propertywhich is within the jurisdiction of this state on the
assessment date ofa year is subject to assessment and taxation for
that year.(Formerly: Acts 1975, P.L.47, SEC.1.)
IC 6-1.1-2-1.5Annual assessment date prescribed
Sec. 1.5. (a) Except as provided in subsection (b), the
annualassessment date for tangible property is:
(1) March 1 in a year ending before January 1, 2016; and(2)
January 1 in a year beginning after December 31, 2015.
(b) This subsection applies to mobile homes
(includingmanufactured homes) subject to assessment under IC
6-1.1-7. Mobilehomes are assessed in the year following the year
containing therelated assessment date for other property. The
annual assessmentdate for mobile homes is:
(1) January 15 in a year ending before January 1, 2017; and(2)
January 1 in a year beginning after December 31, 2016.
As added by P.L.111-2014, SEC.3.
IC 6-1.1-2-2Assessment methods
Sec. 2. (a) All tangible property which is subject to
assessmentshall be assessed on a just valuation basis and in a
uniform and equalmanner.
(b) Personal property which is subject to assessment and
taxation
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shall be assessed annually in the manner prescribed in this
article.(c) Real property which is subject to assessment and
taxation shall
be assessed in the manner and at the times prescribed in this
article.(d) This section applies to assessment dates described in
section
1.5(a)(2) and 1.5(b)(2) of this chapter. The true tax value of
tangibleproperty that is subject to assessment in a year shall be
determined asof the assessment date in that year. Except as
otherwise expresslyprovided by law enacted after July 1, 2014, a
change in use, value,character, or ownership of tangible property
after an assessment dateshall not be considered in determining the
true tax value of thetangible property for that assessment
date.(Formerly: Acts 1975, P.L.47, SEC.1.) As amended by
P.L.111-2014,SEC.4.
IC 6-1.1-2-3Rate of tax; use of revenues
Sec. 3. The total tax rate to be imposed on each one
hundreddollars ($100) of the assessed value of property shall be
determinedin the manner provided by law. Property tax revenues
shall be usedfor state expenditures and for the support of the
political subdivisionsof this state.(Formerly: Acts 1975, P.L.47,
SEC.1.)
IC 6-1.1-2-4Liability for tax; assessment of improvement or
appurtenanceseparately from land
Sec. 4. (a) The owner of any real property on the assessment
dateof a year is liable for the taxes imposed for that year on the
property,unless a person holding, possessing, controlling, or
occupying anyreal property on the assessment date of a year is
liable for the taxesimposed for that year on the property under a
memorandum of leaseor other contract with the owner that is
recorded with the countyrecorder before January 1, 1998. A person
holding, possessing,controlling, or occupying any personal property
on the assessmentdate of a year is liable for the taxes imposed for
that year on theproperty unless:
(1) the person establishes that the property is being assessed
andtaxed in the name of the owner; or(2) the owner is liable for
the taxes under a contract with thatperson.
When a person other than the owner pays any property taxes,
asrequired by this section, that person may recover the amount
paidfrom the owner, unless the parties have agreed to other terms
in acontract.
(b) An owner on the assessment date of a year of real property
thathas an improvement or appurtenance that is:
(1) assessed as real property; and(2) owned, held, possessed,
controlled, or occupied on theassessment date of a year by a person
other than the owner of
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the land;is jointly liable for the taxes imposed for the year on
the improvementor appurtenance with the person holding, possessing,
controlling, oroccupying the improvement or appurtenance on the
assessment date.
(c) An improvement or appurtenance to land that, on
theassessment date of a year, is held, possessed, controlled, or
occupiedby a different person than the owner of the land may be
listed andassessed separately from the land only if the improvement
orappurtenance is held, possessed, controlled, or occupied under
amemorandum of lease or other contract that is recorded with
thecounty recorder before January 1, 1998.(Formerly: Acts 1975,
P.L.47, SEC.1.) As amended by Acts 1981,P.L.63, SEC.1; P.L.51-1997,
SEC.1.
IC 6-1.1-2-5Partnership property
Sec. 5. The tangible property of a partnership shall be listed
andassessed in the firm name. Each partner is jointly and severally
liablefor the property taxes so assessed.(Formerly: Acts 1975,
P.L.47, SEC.1.)
IC 6-1.1-2-6Repealed
(Repealed by P.L.1-1990, SEC.65.)
IC 6-1.1-2-7Exempt property
Sec. 7. (a) As used in this section, "nonbusiness personal
property"means personal property that is not:
(1) held for sale in the ordinary course of a trade or
business;(2) held, used, or consumed in connection with the
productionof income; or(3) held as an investment.
(b) The following property is not subject to assessment
andtaxation under this article:
(1) A commercial vessel that is subject to the net tonnage
taximposed under IC 6-6-6.(2) A motor vehicle that is subject to
the annual license excisetax imposed under IC 6-6-5.(3) A motorized
boat or sailboat that is subject to the boat excisetax imposed
under IC 6-6-11.(4) Property used by a cemetery (as defined in IC
23-14-33-7)if the cemetery:
(A) does not have a board of directors, board of trustees,
orother governing authority other than the state or a
politicalsubdivision; and(B) has had no business transaction during
the precedingcalendar year.
(5) A commercial vehicle that is subject to the annual excise
tax
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imposed under IC 6-6-5.5.(6) Inventory.(7) A recreational
vehicle or truck camper that is subject to theannual excise tax
imposed under IC 6-6-5.1.(8) The following types of nonbusiness
personal property:
(A) All-terrain vehicles.(B) Snowmobiles.(C) Rowboats, canoes,
kayaks, and other human poweredboats.(D) Invalid chairs.(E) Yard
and garden tractors.(F) Trailers that are not subject to an excise
tax under:
(i) IC 6-6-5-5.5;(ii) IC 6-6-5.1; or(iii) IC 6-6-5.5.
As added by P.L.1-1990, SEC.66. Amended by P.L.52-1997,
SEC.1;P.L.181-1999, SEC.1; P.L.146-2008, SEC.50; P.L.131-2008,
SEC.3;P.L.1-2009, SEC.27.
IC 6-1.1-2-8Application of P.L.6-1997; changing method of
assessed valuation;tax rates, deductions, limits on indebtedness;
computation ofassessed value growth quotient, tax rates, other
values; state boardof tax commissioner duties; intent of general
assembly
Sec. 8. (a) IC 6-1.1-1-3, as amended by P.L.6-1997, and
allchanges in tax rates, deductions, and limits on indebtedness
made byP.L.6-1997 apply only to budget years and property taxes
first dueand payable after December 31, 2001.
(b) For the purpose of computing:(1) the assessed value growth
quotient under IC 6-1.1-18.5-2;and(2) any other value that requires
the use of an assessed valuefrom a date before March 1, 2001;
for a budgetary appropriation, state distribution, or property
tax levyfirst due and payable after December 31, 2001, the assessed
valuefrom a date before March 1, 2001, must first be increased
fromthirty-three and thirty-three hundredths percent (33.33%) of
true taxvalue to one hundred percent (100%) of true tax value
before thecomputation is made.
(c) For the purpose of computing:(1) a tax rate under IC
6-1.1-19-1.5 (before its repeal); and(2) any other value that
requires the use of a tax rate from a datebefore March 1, 2001;
for a budgetary appropriation, state distribution, or property
tax levyfirst due and payable after December 31, 2001, a tax rate
from a datebefore January 1, 2002, must first be reduced by
dividing the tax rateby three (3) before the computation is
made.
(d) The state board of tax commissioners shall adjust the tax
ratesof all taxing units to eliminate the effects of changing
assessed values
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from thirty-three and thirty-three hundredths percent (33.33%)
of truetax value to one hundred percent (100%) of true tax
value.
(e) If a maximum property tax rate that was enacted before
1997is not amended by P.L.6-1997, the state board of tax
commissionersshall adjust the maximum tax rate to eliminate the
effects of changingassessed values from thirty-three and
thirty-three hundredths percent(33.33%) of true tax value to one
hundred percent (100%) of true taxvalue.
(f) The state board of tax commissioners shall prepare the
initialschedule of adjusted assessed values for all political
subdivisionsunder IC 36-1-15, as added by P.L.6-1997, not later
than July 1,2001.
(g) It is the intent of the general assembly that all
adjustmentsnecessary to implement IC 6-1.1-1-3, as amended by
P.L.6-1997, bemade without raising the revenues available to
governmental unitsmore than would have occurred if P.L.6-1997 were
not enacted. Thestate board of tax commissioners shall provide
fiscal officers in thetaxing units, assessing officials, and
members of the board of taxadjustment with instructions on how to
implement this section.
(h) If a statute that imposes an assessed value limitation on
theaggregate amount of bonds that a political subdivision may issue
thatwas enacted before 1997 is not amended by P.L.6-1997, the
stateboard of tax commissioners shall adjust the assessed value
limitationto eliminate the effects of changing assessed values from
thirty-threeand thirty-three hundredths percent (33.33%) of true
tax value to onehundred percent (100%) of true tax value.
(i) The state board of tax commissioners shall, if necessary
toprotect owners of bonds payable in whole or in part from
taxincrement, adjust the base assessed value to neutralize the
effect ofchanging assessed values under P.L.6-1997 from
thirty-three andthirty-three hundredths percent (33.33%) of true
tax value to onehundred percent (100%) of true tax value under the
followingstatutes:
(1) IC 6-1.1-39.(2) IC 8-22-3.5.(3) IC 36-7-14.(4) IC
36-7-14.5.(5) IC 36-7-15.1.(6) IC 36-7-30.
As added by P.L.220-2011, SEC.117.
IC 6-1.1-2-10Legalization of certain actions of department
before November 21,2007; validation of certain local government
actions
Sec. 10. (a) Any action taken by the department of
localgovernment finance before November 21, 2007, to do any of
thefollowing with respect to property taxes first due and payable
in 2007in any county is legalized and validated:
(1) Halt billing and collection.
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(2) Invalidate the certification under IC 6-1.1-17-16(f) of
thedepartment's actions concerning budgets, rates, and levies.(3)
Revise and reissue certifications referred to in subdivision(2).(4)
Require the preparation and delivery under IC 6-1.1-22-5 ofan
abstract that is based on the assessed values determined in
areassessment:
(A) performed by; or(B) ordered by;
the department of local government finance under IC 6-1.1-4 orIC
6-1.1-14.(5) Allow payments of installments on dates and in
amountsdifferent from the dates and amounts that applied in an
earlierissuance of tax statements by the county.(6) Allow the
issuance of reconciling property tax statements toreconcile the
payment of different amounts referred to insubdivision (5) as
compared to the amounts finally determinedto be due and payable.(7)
Waive all or part of a penalty under IC 6-1.1-37-10.
(b) The department of local government finance may take
anyaction listed in subsection (a) on or after November 21, 2007,
withrespect to property taxes first due and payable in 2007 in any
county.
(c) Any action taken before November 21, 2007, by a unit of
localgovernment or a public official on behalf of a unit of
localgovernment that:
(1) is in response to; and(2) is consistent with;
an action of the department of local government finance referred
toin subsection (a) is legalized and validated.
(d) A unit of local government or a public official on behalf of
aunit of local government may take any action on or after
November21, 2007, that:
(1) is in response to; and(2) is consistent with;
an action of the department of local government finance referred
toin subsection (a) or (b).As added by P.L.220-2011, SEC.118.
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IC 6-1.1-3Chapter 3. Procedures for Personal Property
Assessment
IC 6-1.1-3-1Residents and nonresidents; place of assessment;
evidence of filing
Sec. 1. (a) Except as provided in subsection (c), personal
propertywhich is owned by a person who is a resident of this state
shall beassessed at the place where the owner resides on the
assessment dateof the year for which the assessment is made.
(b) Except as provided in subsection (c), personal property
whichis owned by a person who is not a resident of this state shall
beassessed at the place where the owner's principal office within
thisstate is located on the assessment date of the year for which
theassessment is made.
(c) Personal property shall be assessed at the place where it
issituated on the assessment date of the year for which the
assessmentis made if the property is:
(1) regularly used or permanently located where it is situated;
or(2) owned by a nonresident who does not have a principal
officewithin this state.
(d) If a personal property return is filed pursuant to
subsection (c),the owner of the property shall provide, within
forty-five (45) daysafter the filing deadline, a copy or other
written evidence of the filingof the return to the assessor of the
county in which the owner resides.If such evidence is not filed
within forty-five (45) days after the filingdeadline, the county
assessor for the area where the owner residesshall determine if the
owner filed a personal property return in thetownship or county
where the property is situated. If such a returnwas filed, the
property shall be assessed where it is situated. If sucha return
was not filed, the county assessor for the area where theowner
resides shall notify the assessor of the township or countywhere
the property is situated, and the property shall be assessedwhere
it is situated. This subsection does not apply to a taxpayer whois
required by the department of local government finance to file
asummary of the taxpayer's business tangible personal
propertyreturns.(Formerly: Acts 1975, P.L.47, SEC.1.) As amended by
Acts 1979,P.L.48, SEC.1; Acts 1980, P.L.35, SEC.1; P.L.2-1998,
SEC.14;P.L.90-2002, SEC.21; P.L.74-2003, SEC.1; P.L.146-2008,
SEC.51;P.L.249-2015, SEC.1.
IC 6-1.1-3-1.5"Filing date"
Sec. 1.5. As used in this chapter, "filing date" refers to the
day ina year on which a personal property tax return is due for a
particularassessment date in that year (disregarding any extension
period thatmay be granted for the filing of the return and any
period in which anamended return may be filed). The filing date is
May 15.As added by P.L.111-2014, SEC.5.
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IC 6-1.1-3-2Property held by trustee, party, or receiver
Sec. 2. If residence determines the place of assessment of
personalproperty and the property is held by a trustee, guardian,
or receiver,the residence of the trustee, guardian, or receiver is
the place ofassessment.(Formerly: Acts 1975, P.L.47, SEC.1.)
IC 6-1.1-3-3Estate of deceased individuals
Sec. 3. If residence determines the place of assessment of
personalproperty which is part of the estate of a deceased
individual, theresidence of the decedent immediately before his
death is the placeof assessment until the property is distributed
to the heirs or otherpersons entitled to it.(Formerly: Acts 1975,
P.L.47, SEC.1.)
IC 6-1.1-3-4Conflicts involving assessment location;
settlement
Sec. 4. (a) If a question arises as to the proper place to
assesspersonal property, the county assessor shall determine the
place if:
(1) two (2) or more townships in the county are served
bytownship assessors and the conflict involves two (2) or more
ofthose townships; or(2) the conflict does not involve any other
county and none ofthe townships in the county is served by a
township assessor.
If the conflict involves different counties, the department of
localgovernment finance shall determine the proper place of
assessment.
(b) A determination made under this section by the department
oflocal government finance is final.
(c) If taxes are paid to a county which is not entitled to
collectthem, the department of local government finance may direct
theauthorities of the county which wrongfully collected the taxes
torefund the taxes collected and any penalties charged on the
taxes.(Formerly: Acts 1975, P.L.47, SEC.1.) As amended by
P.L.5-1988,SEC.41; P.L.90-2002, SEC.22; P.L.146-2008, SEC.52.
IC 6-1.1-3-5Assessment books and blanks; delivery
Sec. 5. Before the assessment date of each year, the county
auditorshall deliver to each township assessor (if any) and the
countyassessor the proper assessment books and necessary blanks for
thelisting and assessment of personal property.(Formerly: Acts
1975, P.L.47, SEC.1.) As amended by P.L.146-2008,SEC.53.
IC 6-1.1-3-6Return; furnishing to taxpayer
Sec. 6. Between the assessment date and the filing date of
each
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year, the appropriate township assessor, or the county assessor
ifthere is no township assessor for the township, shall furnish
eachperson whose personal property is subject to assessment for
that yearwith a personal property return.(Formerly: Acts 1975,
P.L.47, SEC.1.) As amended by P.L.2-1995,SEC.19; P.L.146-2008,
SEC.54.
IC 6-1.1-3-7Filing returns; extension of time; consolidated
returns
Sec. 7. (a) Except as provided in subsections (b) and (c),
ataxpayer shall, on or before the filing date of each year, file
apersonal property return with:
(1) the assessor of each township in which the
taxpayer'spersonal property is subject to assessment; or(2) the
county assessor if there is no township assessor for atownship in
which the taxpayer's personal property is subject toassessment.
(b) The township assessor or county assessor may grant a
taxpayeran extension of not more than thirty (30) days to file the
taxpayer'sreturn if:
(1) the taxpayer submits a written application for an
extensionprior to the filing date; and(2) the taxpayer is prevented
from filing a timely return becauseof sickness, absence from the
county, or any other good andsufficient reason.
(c) If a taxpayer:(1) has personal property subject to
assessment in more than one(1) township in a county; or(2) has
personal property that is subject to assessment and thatis located
in two (2) or more taxing districts within the sametownship;
the taxpayer shall file a single return with the county assessor
andattach a schedule listing, by township, all the taxpayer's
personalproperty and the property's assessed value. The taxpayer
shallprovide the county assessor with the information necessary for
thecounty assessor to allocate the assessed value of the
taxpayer'spersonal property among the townships listed on the
return andamong taxing districts, including the street address, the
township, andthe location of the property.
(d) The county assessor shall provide to each affected
townshipassessor (if any) in the county all information filed by a
taxpayerunder subsection (c) that affects the township.
(e) The county assessor may refuse to accept a personal
propertytax return that does not comply with subsection (c). For
purposes ofIC 6-1.1-37-7, a return to which subsection (c) applies
is filed on thedate it is filed with the county assessor with the
schedule required bysubsection (c) attached.(Formerly: Acts 1975,
P.L.47, SEC.1.) As amended by P.L.61-1983,SEC.1; P.L.56-1985,
SEC.1; P.L.54-1991, SEC.1; P.L.41-1993,
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SEC.4; P.L.25-1995, SEC.12; P.L.6-1997, SEC.9;
P.L.198-2001,SEC.5; P.L.146-2008, SEC.55; P.L.249-2015, SEC.2.
IC 6-1.1-3-7.2Exemption for certain business personal property
with acquisitioncost less than $20,000; notarized certification
Sec. 7.2. (a) This section applies to assessment dates
occurringafter December 31, 2015.
(b) As used in this section, "affiliate" means an entity
thateffectively controls or is controlled by a taxpayer or is
associatedwith a taxpayer under common ownership or control,
whether byshareholdings or other means.
(c) As used in this section, "business personal property"
meanspersonal property that:
(1) is otherwise subject to assessment and taxation under
thisarticle;(2) is used in a trade or business or otherwise held,
used, orconsumed in connection with the production of income;
and(3) was:
(A) acquired by the taxpayer in an arms length transactionfrom
an entity that is not an affiliate of the taxpayer, if thepersonal
property has been previously used in Indiana beforebeing placed in
service in the county; or(B) acquired in any manner, if the
personal property hasnever been previously used in Indiana before
being placed inservice in the county.
The term does not include mobile homes assessed under IC
6-1.1-7,personal property held as an investment, or personal
property that isassessed under IC 6-1.1-8 and is owned by a public
utility subject toregulation by the Indiana utility regulatory
commission. However, theterm does include the personal property of
a telephone company ora communications service provider if that
personal property meets therequirements of subdivisions (1) through
(3), regardless of whetherthat personal property is assessed under
IC 6-1.1-8 and regardless ofwhether the telephone company or
communications service provideris subject to regulation by the
Indiana utility regulatory commission.
(d) Notwithstanding section 7 of this chapter, if the
acquisitioncost of a taxpayer's total business personal property in
a county is lessthan twenty thousand dollars ($20,000) for that
assessment date, thetaxpayer's business personal property in the
county for thatassessment date is exempt from taxation.
(e) A taxpayer that is eligible for the exemption under this
sectionis not required to file a personal property return for the
taxpayer'sbusiness personal property in the county for that
assessment date.However, the taxpayer must, before May 15 of the
calendar year inwhich the assessment date occurs, file with the
county assessor anannual notarized certification signed under
penalties for perjurystating that the taxpayer's business personal
property in the county isexempt from taxation under this section
for that assessment date.
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As added by P.L.80-2014, SEC.1. Amended by P.L.249-2015,
SEC.3.
IC 6-1.1-3-7.3Local service fee
Sec. 7.3. (a) A county fiscal body may adopt an ordinance
toimpose a local service fee on each person that files an
annualcertification with the county assessor under section 7.2 of
this chapterstating that the person's business personal property in
the county isexempt from taxation under section 7.2 of this chapter
for anassessment date after December 31, 2015.
(b) The county fiscal body shall specify the amount of the
localservice fee in the ordinance. A local service fee imposed on a
personunder this section may not exceed fifty dollars ($50).
(c) A local service fee imposed for an assessment date is due
andpayable at the same time that property taxes for that assessment
dateare due and payable. A county may collect a delinquent local
servicefee in the same manner as delinquent property taxes are
collected.
(d) The revenue from a local service fee:(1) shall be allocated
in the same manner and proportion and atthe same time as property
taxes are allocated to each taxing unitin the county; and(2) may be
used by a taxing unit for any lawful purpose of thetaxing unit.
As added by P.L.242-2015, SEC.2.
IC 6-1.1-3-7.5Amended returns; tax adjustments; credits
Sec. 7.5. (a) A taxpayer may file an amended personal
propertytax return, in conformity with the rules adopted by the
department oflocal government finance, not more than six (6)
months, if the filingdate for the original personal property tax
return is before May 15,2011, or twelve (12) months, if the filing
date for the originalpersonal property tax return is after May 14,
2011, after the later ofthe following:
(1) The filing date for the original personal property tax
return,if the taxpayer is not granted an extension in which to file
undersection 7 of this chapter.(2) The extension date for the
original personal property taxreturn, if the taxpayer is granted an
extension under section 7 ofthis chapter.
(b) A tax adjustment related to an amended personal property
taxreturn shall be made in conformity with rules adopted underIC
4-22-2 by the department of local government finance.
(c) If a taxpayer wishes to correct an error made by the
taxpayeron the taxpayer's original personal property tax return,
the taxpayermust file an amended personal property tax return under
this sectionwithin the time required by subsection (a). A taxpayer
may claim onan amended personal property tax return any adjustment
orexemption that would have been allowable under any statute or
rule
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adopted by the department of local government finance if
theadjustment or exemption had been claimed on the original
personalproperty tax return.
(d) Notwithstanding any other provision, if:(1) a taxpayer files
an amended personal property tax returnunder this section in order
to correct an error made by thetaxpayer on the taxpayer's original
personal property tax return;and(2) the taxpayer is entitled to a
refund of personal property taxespaid by the taxpayer under the
original personal property taxreturn;
the taxpayer is not entitled to interest on the refund.(e) If a
taxpayer files an amended personal property tax return for
a year before July 16 of that year, the taxpayer shall pay
taxespayable in the immediately succeeding year based on the
assessedvalue reported on the amended return.
(f) If a taxpayer files an amended personal property tax return
fora year after July 15 of that year, the taxpayer shall pay taxes
payablein the immediately succeeding year based on the assessed
valuereported on the taxpayer's original personal property tax
return.Subject to subsection (l), a taxpayer that paid taxes under
thissubsection is entitled to a credit in the amount of taxes paid
by thetaxpayer on the remainder of:
(1) the assessed value reported on the taxpayer's
originalpersonal property tax return; minus(2) the finally
determined assessed value that results from thefiling of the
taxpayer's amended personal property tax return.
Except as provided in subsection (k), the county auditor may
applythe credit against the taxpayer's property taxes on personal
propertypayable in the year or years that immediately succeed the
year inwhich the taxes were paid, as applicable. The county is not
requiredto pay interest on any amounts that a taxpayer is entitled
to receiveas a credit under this section.
(g) A county auditor may carry a credit to which the taxpayer
isentitled under subsection (f) forward to the immediately
succeedingyear or years, as applicable, and use the credit against
the taxpayer'sproperty taxes on personal property as follows:
(1) If the amount of the credit to which the taxpayer is
initiallyentitled under subsection (f) does not exceed
twenty-fivethousand dollars ($25,000), the county auditor may carry
thecredit forward to the year immediately succeeding the year
inwhich the taxes were paid.(2) If the amount of the credit to
which the taxpayer is initiallyentitled under subsection (f)
exceeds twenty-five thousanddollars ($25,000), the county auditor
may carry the creditforward for not more than three (3) consecutive
yearsimmediately succeeding the year in which the taxes were
paid.
The credit is reduced each time the credit is applied to the
taxpayer'sproperty taxes on personal property in succeeding years
by the
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amount applied.(h) If an excess credit remains after the credit
is applied in the
final year to which the credit may be carried forward
undersubsection (g), the county auditor shall refund to the
taxpayer theamount of any excess credit that remains after
application of thecredit under subsection (g) not later than
December 31 of the finalyear to which the excess credit may be
carried.
(i) The taxpayer is not required to file an application for:(1)
a credit under subsection (f) or (g); or(2) a refund under
subsection (h).
(j) Before August 1 of each year, the county auditor shall
provideto each taxing unit in the county an estimate of the total
amount ofthe credits under subsection (f) or (g) that will be
applied againsttaxes imposed by the taxing unit that are payable in
the immediatelysucceeding year.
(k) A county auditor may refund a credit amount to a
taxpayerbefore the time the credit would otherwise be applied
againstproperty tax payments under this section.
(l) If a person:(1) files an amended personal property tax
return more than six(6) months, but less than twelve (12) months,
after the filingdate or (if the taxpayer is granted an extension
under section 7of this chapter) the extension date for the original
personalproperty tax return being amended; and(2) is entitled to a
credit or refund as a result of the amendedreturn;
the county auditor shall reduce the credit or refund payable to
theperson. The amount of the reduction is ten percent (10%) of the
creditor refund amount.As added by P.L.6-1997, SEC.8. Amended by
P.L.198-2001, SEC.6;P.L.90-2002, SEC.23; P.L.172-2011, SEC.26;
P.L.111-2014, SEC.6;P.L.148-2015, SEC.1.
IC 6-1.1-3-8Vending machine owners
Sec. 8. (a) The owner of a vending machine shall place on the
faceof the machine an identificatiion device which accurately
reveals theowner's name and address, and he shall include the
machine in hisannual personal property return.
(b) For purposes of this section, the term "vending
machine"means a machine which dispenses goods, wares, or
merchandisewhen a coin is deposited in it and which by automatic
action canphysically deliver goods, wares, or merchandise to the
depositor ofthe coin.(Formerly: Acts 1975, P.L.47, SEC.1.)
IC 6-1.1-3-9Return; necessary information
Sec. 9. (a) In completing a personal property return for a year,
a
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taxpayer shall make a complete disclosure of all information
requiredby the department of local government finance that is
related to thevalue, nature, or location of personal property:
(1) that the taxpayer owned on the assessment date of that
year;or(2) that the taxpayer held, possessed, or controlled on
theassessment date of that year.
(b) The taxpayer shall certify to the truth of:(1) all
information appearing in a personal property return; and(2) all
data accompanying the return.
(Formerly: Acts 1975, P.L.47, SEC.1.) As amended by
P.L.90-2002,SEC.24.
IC 6-1.1-3-10Property located in two or more townships or taxing
districts;additional returns
Sec. 10. If a taxpayer owns, holds, possesses, or controls
personalproperty which is located in two (2) or more townships, the
taxpayershall file any additional returns with the county assessor
which thedepartment of local government finance may require by
regulation.(Formerly: Acts 1975, P.L.47, SEC.1.) As amended by
P.L.90-2002,SEC.25; P.L.219-2007, SEC.10; P.L.249-2015, SEC.4.
IC 6-1.1-3-11Repealed
(Formerly: Acts 1975, P.L.47, SEC.1. As amended byP.L.24-1986,
SEC.3; P.L.90-2002, SEC.26; P.L.74-2003, SEC.2.Repealed by
P.L.146-2008, SEC.800.)
IC 6-1.1-3-12Repealed
(Formerly: Acts 1975, P.L.47, SEC.1. As amended
byP.L.24-1986,SEC.4; P.L.90-2002, SEC.27. Repealed byP.L.146-2008,
SEC.800.)
IC 6-1.1-3-13Repealed
(Formerly: Acts 1975, P.L.47, SEC.1. As amended byP.L.24-1986,
SEC.5. Repealed by P.L.146-2008, SEC.800.)
IC 6-1.1-3-14Verification of returns
Sec. 14. The township assessor, or the county assessor if there
isno township assessor for the township, shall:
(1) examine and verify; or(2) allow a contractor under IC
6-1.1-36-12 to examine andverify;
the accuracy of each personal property return filed with the
townshipor county assessor by a taxpayer. If appropriate, the
assessor or
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contractor under IC 6-1.1-36-12 shall compare a return with
thebooks of the taxpayer and with personal property owned,
held,possessed, controlled, or occupied by the taxpayer.(Formerly:
Acts 1975, P.L.47, SEC.1.) As amended by P.L.178-2002,SEC.4;
P.L.146-2008, SEC.56.
IC 6-1.1-3-15Failure to file return; alternative assessment
procedures; electionto file
Sec. 15. (a) In connection with the activities required by
section14 of this chapter, or if a person owning, holding,
possessing, orcontrolling any personal property fails to file a
personal propertyreturn with the township or county assessor as
required by thischapter, the township or county assessor may
examine:
(1) the personal property of the person;(2) the books and
records of the person; and(3) under oath, the person or any other
person whom theassessor believes has knowledge of the amount,
identity, orvalue of the personal property reported or not reported
by theperson on a return.
(b) After such an examination, the assessor shall assess
thepersonal property to the person owning, holding, possessing,
orcontrolling that property.
(c) As an alternative to such an examination, the township
orcounty assessor may estimate the value of the personal property
ofthe taxpayer and shall assess the person owning, holding,
possessing,or controlling the property in an amount based upon the
estimate.Upon receiving a notification of estimated value from the
townshipor county assessor, the taxpayer may elect to file a
personal propertyreturn, subject to the penalties imposed by IC
6-1.1-37-7.(Formerly: Acts 1975, P.L.47, SEC.1.) As amended by Acts
1977,P.L.63, SEC.1; P.L.57-1985, SEC.1; P.L.146-2008, SEC.57.
IC 6-1.1-3-16Property converted for tax avoidance;
assessment
Sec. 16. If, from the evidence before a township or
countyassessor, the assessor determines that a person has
temporarilyconverted any part of the person's personal property
into propertywhich is not taxable under this article to avoid the
payment of taxeson the converted property, the township or county
assessor shallassess the converted property to the
taxpayer.(Formerly: Acts 1975, P.L.47, SEC.1.) As amended by
P.L.146-2008,SEC.58.
IC 6-1.1-3-17Assessment list; certification to county
auditor
Sec. 17. (a) On or before June 1 of each year, each
townshipassessor (if any) of a county shall deliver to the county
assessor a listwhich states by taxing district the total of the
personal property
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assessments as shown on the personal property returns filed with
thetownship assessor on or before the filing date of that year and
in acounty with a township assessor under IC 36-6-5-1 in every
townshipthe township assessor shall deliver the lists to the county
auditor asprescribed in subsection (b).
(b) On or before July 1 of each year that ends before January
1,2017, and on or before June 15 of each year that begins
afterDecember 31, 2016, each county assessor shall certify to the
countyauditor the assessment value of the personal property in
every taxingdistrict.
(c) The department of local government finance shall prescribe
theforms required by this section.(Formerly: Acts 1975, P.L.47,
SEC.1.) As amended by P.L.6-1997,SEC.10; P.L.90-2002, SEC.28;
P.L.146-2008, SEC.59;P.L.111-2014, SEC.7.
IC 6-1.1-3-18Reports to county assessors and auditors; copies of
returns
Sec. 18. (a) Each township assessor of a county (if any)
shallperiodically report to the county assessor and the county
auditor withrespect to the returns and properties of taxpayers
which the townshipassessor has examined. The township assessor
shall submit thesereports in the form and on the dates prescribed
by the department oflocal government finance.
(b) Each year, the county assessor:(1) shall review and may
audit the business personal propertyreturns that the taxpayer is
required to file in duplicate undersection 7(c) of this chapter;
and(2) shall determine the returns in which the assessment
appearsto be improper.
(Formerly: Acts 1975, P.L.47, SEC.1.) As amended by
P.L.2-1998,SEC.15; P.L.90-2002, SEC.29; P.L.219-2007,
SEC.11;P.L.146-2008, SEC.60.
IC 6-1.1-3-19Information available to county assessor and county
property taxassessment board of appeals
Sec. 19. (a) While a county property tax assessment board
ofappeals is in session, each township assessor of the county (if
any)shall make the following information available to the county
assessorand the board:
(1) Personal property returns.(2) Documents related to the
returns.(3) Any information in the possession of the township
assessorthat is related to the identity of the owners or possessors
ofproperty or the values of property.
(b) Upon written request of the board, the township assessor
shallfurnish information referred to in subsection (a) to any
member of theboard either directly or through employees of the
board.
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(Formerly: Acts 1975, P.L.47, SEC.1.) As amended by
P.L.6-1997,SEC.11; P.L.146-2008, SEC.61.
IC 6-1.1-3-20Change in valuation; notice
Sec. 20. If an assessing official changes a valuation made by
aperson on the person's personal property return or adds
personalproperty and its value to a return, the assessing official
shall, by mail,immediately give the person notice of the action
taken. However, ifa taxpayer lists property on the taxpayer's
return but does not placea value on the property, a notice of the
action of an assessing officialin placing a value on the property
is not required.(Formerly: Acts 1975, P.L.47, SEC.1.) As amended by
P.L.146-2008,SEC.62.
IC 6-1.1-3-21Preservation of records; inspection
Sec. 21. Subject to the limitations in IC 6-1.1-35-9,
assessmentreturns, lists, and any other documents and information
related to thedetermination of personal property assessments shall
be preserved aspublic records and open to public inspection. The
township assessor,or the county assessor if there is no township
assessor for thetownship, shall preserve and maintain these
records.(Formerly: Acts 1975, P.L.47, SEC.1.) As amended by
P.L.6-1997,SEC.12; P.L.146-2008, SEC.63.
IC 6-1.1-3-22Personal property tax rules; prohibition against
amendment ofcertain rules; voided rules
Sec. 22. (a) Except to the extent that it conflicts with a
statute andsubject to subsection (f), 50 IAC 4.2 (as in effect
January 1, 2001),which was formerly incorporated by reference into
this section, isreinstated as a rule.
(b) Tangible personal property within the scope of 50 IAC 4.2
(asin effect January 1, 2001) shall be assessed on the assessment
datesin calendar years 2003 and thereafter in conformity with 50
IAC 4.2(as in effect January 1, 2001).
(c) The publisher of the Indiana Administrative Code shall
publish50 IAC 4.2 (as in effect January 1, 2001) in the
IndianaAdministrative Code.
(d) 50 IAC 4.3 and any other rule to the extent that it
conflictswith this section is void.
(e) A reference in 50 IAC 4.2 to a governmental entity that
hasbeen terminated or a statute that has been repealed or amended
shallbe treated as a reference to its successor.
(f) The department of local government finance may not amend
orrepeal the following (all as in effect January 1, 2001):
(1) 50 IAC 4.2-4-3(f).(2) 50 IAC 4.2-4-7.
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(3) 50 IAC 4.2-4-9.(4) 50 IAC 4.2-5-7.(5) 50 IAC 4.2-5-13.(6) 50
IAC 4.2-6-1.(7) 50 IAC 4.2-6-2.(8) 50 IAC 4.2-8-9.
(g) Notwithstanding any other provision of this section, 50
IAC4.2-4-6(c) is void effective July 1, 2015. The publisher of the
IndianaAdministrative Code and the Indiana Register shall remove
thisprovision from the Indiana Administrative Code.As added by
P.L.192-2002(ss), SEC.28. Amended by P.L.245-2003,SEC.2;
P.L.245-2015, SEC.1.
IC 6-1.1-3-22.5Personal property tax; depreciable property; year
of acquisition
Sec. 22.5. (a) Except as provided in subsection (b), when
ataxpayer acquires depreciable tangible personal property, the year
ofacquisition for the depreciable tangible personal property is the
fiscalyear determined as follows:
(1) The applicable fiscal year beginning January 2 and
endingJanuary 1, for depreciable tangible personal property
acquiredafter January 1, 2016.(2) The fiscal year beginning March
2, 2015, and endingJanuary 1, 2016, for depreciable tangible
personal propertyacquired after March 1, 2015, and before January
2, 2016.(3) The applicable fiscal year beginning March 2 and
endingMarch 1, for depreciable tangible personal property
acquiredbefore March 2, 2015.
(b) If a taxpayer has a financial year that ends on December 31
orJanuary 31, the taxpayer may elect to use the same year as that
usedfor federal income tax purposes to determine the year of
acquisitionof depreciable tangible personal property for Indiana
property taxreporting purposes. Otherwise, a taxpayer is not
eligible to elect touse a federal tax year to compute the year of
acquisition for Indianaproperty tax reporting purposes and must use
the applicable fiscalyear specified in subsection (a).
(c) If a taxpayer makes a federal tax year election under
subsection(b), an acquisition of depreciable tangible personal
property after theclose of the taxpayer's federal taxable year and
on or before theimmediately following assessment date must be
included in aseparate category on the taxpayer's return and clearly
designated.As added by P.L.245-2015, SEC.2.
IC 6-1.1-3-23General assembly findings; election of valuation
method for specialintegrated steel mill or oil refinery;
petrochemical equipment
Sec. 23. (a) In enacting this section, the general assembly
finds thefollowing:
(1) The economy of northern Indiana has historically been
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heavily dependent upon:(A) the domestic steel industry,
particularly the integratedsteel mill business, which produces
steel from basic rawmaterials through blast furnace and related
operations; and(B) the oil refining and petrochemical industry.
(2) Northern Indiana is the only area of Indiana with
integratedsteelmaking facilities.(3) During the last thirty (30)
years, the domestic steel industryhas experienced significant
financial difficulties. More thanone-half (1/2) of the integrated
steel mills in the United Stateswere shut down or deintegrated,
with the remainder requiringsignificant investment and the addition
of new processes tomake the facilities economically competitive
with newer foreignand domestic steelmaking facilities and
processes.(4) The United States needs to protect the capacity of
the oilrefining and petrochemical industry. No oil refineries have
beenbuilt in the United States since 1976.(5) Given the economic
conditions affecting older integratedsteelmaking facilities,
integrated steel mills claimed abnormalobsolescence in reporting
the assessed value of equipmentlocated at the integrated
steelmaking facilities that beganoperations before 1970, thereby
reporting the equipment'sassessed value at far below thirty percent
(30%) of theequipment's total cost (far below the "thirty percent
(30%) floor"value generally applicable to equipment exhibiting only
normalobsolescence under the current department of local
governmentfinance rules).(6) Current law existing before January 1,
2003, obligates thetaxpayers making abnormal obsolescence claims to
pay personalproperty taxes based only on, and permits communities
todetermine property tax budgets and rates based only on,
thereported personal property assessed values until the
personalproperty appeals are resolved. Consequently, as a result
ofabnormal obsolescence claims, the property tax base ofcommunities
in northern Indiana is severely reduced for anindeterminate period
(if not permanently). The prospect offuture appeals and their
attendant problems on an ongoing basismust be addressed.(7) A new,
optional method for valuing the equipment ofintegrated steel mills
and entities that are at least fifty percent(50%) owned by an
affiliate of an integrated steel mill ("relatedentities") and the
oil refining and petrochemical industry innorthern Indiana is
needed. That optional method:
(A) recognizes the loss of value and difficulty in
valuingequipment at integrated steelmaking facilities and
facilitiesof the oil refining and petrochemical industry
thatcommenced operations decades ago and at the facilities
ofrelated entities;(B) recognizes that depreciable personal
property used in
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integrated steelmaking and in oil refinery or
petrochemicaloperations and by related entities is affected by
differenteconomic and market forces than depreciable
personalproperty used in other industries and certain other
segmentsof the steel industry and therefore experiences
differentamounts of obsolescence and depreciation; and(C) can be
used to simply and efficiently arrive at a valuecommensurate with
that property's age, use, obsolescence,and market circumstances
instead of the current method andits potentially contentious and
lengthy appeals. Such anoptional method would benefit the
communities where theseolder facilities are located.
(8) Such an optional method would be to authorize a fifth poolin
the depreciation schedule for valuing the equipment ofintegrated
steel mills, related entities, and the oil refining
andpetrochemical industry that reflects all adjustments to the
valueof that equipment for depreciation and obsolescence,
includingabnormal obsolescence, which precludes any taxpayer
electingsuch a method from taking any other obsolescence
adjustmentfor the equipment, and which applies only at the election
of thetaxpayer.(9) The purpose for authorizing the Pool 5 method is
to providea more simplified and efficient method for valuing
theequipment of integrated steel mills and the oil refining
andpetrochemical industry that recognizes the loss of value
andunusual problems associated with the valuation of theequipment
or facilities that began operations before 1970 inthose industries
in northern Indiana, as well as for valuing theequipment of related
entities, to stabilize local property taxrevenue by eliminating the
need for abnormal obsolescenceclaims, and to encourage those
industries to continue to investin northern Indiana, thereby
contributing to the economic lifeand well-being of communities in
northern Indiana, the residentsof northern Indiana, and Indiana
generally.(10) The specific circumstances described in this section
do notexist throughout the rest of Indiana.
(b) For purposes of this section:(1) "adjusted cost" refers to
the adjusted cost established in 50IAC 4.2-4-4 (as in effect on
January 1, 2003);(2) "depreciable personal property" has the
meaning set forth in50 IAC 4.2-4-1 (as in effect on January 1,
2003);(3) "integrated steel mill" means a person, including
asubsidiary of a corporation, that produces steel by processingiron
ore and other raw materials in a blast furnace in Indiana;(4) "oil
refinery/petrochemical company" means a person thatproduces a
variety of petroleum products by processing anannual average of at
least one hundred thousand (100,000)barrels of crude oil per
day;(5) "permanently retired depreciable personal property" has
the
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meaning set forth in 50 IAC 4.2-4-3 (as in effect on January
1,2003);(6) "pool" refers to a pool established in 50 IAC
4.2-4-5(a) (asin effect on January 1, 2003);(7) "special integrated
steel mill or oil refinery/petrochemicalequipment" means
depreciable personal property, other thanspecial tools and
permanently retired depreciable personalproperty:
(A) that:(i) is owned, leased, or used by an integrated steel
mill oran entity that is at least fifty percent (50%) owned by
anaffiliate of an integrated steel mill; and(ii) falls within Asset
Class 33.4 as set forth in IRS Rev.Proc. 87-56, 1987-2, C.B. 647;
or
(B) that:(i) is owned, leased, or used as an integrated part of
an oilrefinery/petrochemical company or its affiliate; and(ii)
falls within Asset Class 13.3 or 28.0 as set forth in IRSRev. Proc.
87-56, 1987-2, C.B. 647;
(8) "special tools" has the meaning set forth in 50 IAC
4.2-6-2(as in effect on January 1, 2003); and(9) "year of
acquisition" refers to the year of acquisitiondetermined under 50
IAC 4.2-4-6 (as in effect on January 1,2003).
(c) Notwithstanding 50 IAC 4.2-4-4, 50 IAC 4.2-4-6, and 50
IAC4.2-4-7, a taxpayer may elect to calculate the true tax value of
thetaxpayer's special integrated steel mill or oil
refinery/petrochemicalequipment by multiplying the adjusted cost of
that equipment by thepercentage set forth in the following
table:
Year of Acquisition Percentage1 40%2 56%3 42%4 32%5 24%6 18%7
15%8 and older 10%
(d) The department of local government finance shall
designatethe table under subsection (c) as "Pool No. 5" on the
businesspersonal property tax return.
(e) The percentage factors in the table under subsection
(c)automatically reflect all adjustments for depreciation
andobsolescence, including abnormal obsolescence, for
specialintegrated steel mill or oil refinery/petrochemical
equipment. Theequipment is entitled to all exemptions, credits, and
deductions forwhich it qualifies.
(f) The minimum valuation limitations under 50 IAC 4.2-4-9 donot
apply to special integrated steel mill or oil
refinery/petrochemical
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equipment valued under this section. The value of the equipment
isnot included in the calculation of that minimum valuation
limitationfor the taxpayer's other assessable depreciable personal
property inthe taxing district.
(g) An election to value special integrated steel mill or
oilrefinery/petrochemical equipment under this section:
(1) must be made by reporting the equipment under this sectionon
a business personal property tax return;(2) applies to all of the
taxpayer's special integrated steel mill oroil
refinery/petrochemical equipment located in the state(whether owned
or leased, or used as an integrated part of theequipment); and(3)
is binding on the taxpayer for the assessment date for whichthe
election is made.
The department of local government finance shall prescribe the
formsto make the election beginning with the March 1, 2003,
assessmentdate. Any special integrated steel mill or oil
refinery/petrochemicalequipment acquired by a taxpayer that has
made an election underthis section is valued under this
section.
(h) If fifty percent (50%) or more of the adjusted cost of
ataxpayer's property that would, notwithstanding this section,
bereported in a pool other than Pool No. 5 is attributable to
specialintegrated steel mill or oil refinery/petrochemical
equipment, thetaxpayer may elect to calculate the true tax value of
all of thatproperty as special integrated steel mill or oil
refinery/petrochemicalequipment. The true tax value of property for
which an election ismade under this subsection is calculated under
subsections (c)through (g).As added by P.L.120-2003, SEC.1. Amended
by P.L.228-2005,SEC.2; P.L.246-2005, SEC.59; P.L.220-2011,
SEC.119.
IC 6-1.1-3-24Valuation; outdoor advertising signs
Sec. 24. (a) In determining the assessed value of various sizes
ofoutdoor advertising signs for the 2011 through 2018
assessmentdates, a taxpayer and assessing official shall use the
following tablewithout any adjustments:Single Pole Structure
Type of Sign Value Per StructureAt least 48 feet, illuminated
$5,000At least 48 feet, non-illuminated $4,000At least 26 feet and
under 48 feet, illuminated $4,000At least 26 feet and under 48
feet,non-illuminated $3,300Under 26 feet, illuminated $3,200Under
26 feet, non-illuminated $2,600
Other Types of Outdoor SignsAt least 50 feet, illuminated
$2,500At least 50 feet, non-illuminated $1,500
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At least 40 feet and under 50 feet, illuminated $2,000At least
40 feet and under 50 feet,non-illuminated $1,300At least 30 feet
and under 40 feet, illuminated $2,000At least 30 feet and under 40
feet,non-illuminated $1,300At least 20 feet and under 30 feet,
illuminated $1,600At least 20 feet and under 30
feet,non-illuminated $1,000Under 20 feet, illuminated $1,600Under
20 feet, non-illuminated $1,000
(b) This section expires July 1, 2019.As added by P.L.137-2012,
SEC.13. Amended by P.L.257-2013,SEC.2; P.L.249-2015, SEC.5.
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IC 6-1.1-4Chapter 4. Procedures for Real Property Assessment
IC 6-1.1-4-1Place of assessment; person liable
Sec. 1. Real property shall be assessed at the place where it
issituated, and it shall be assessed to the person liable for the
taxesunder IC 1971, 6-1.1-2-4.(Formerly: Acts 1975, P.L.47,
SEC.1.)
IC 6-1.1-4-2Assessment of property held by fiduciary
Sec. 2. Real property which is controlled by an
executor,administrator, guardian, trustee, or receiver shall be
assessed to theexecutor, administrator, guardian, trustee, or
receiver.(Formerly: Acts 1975, P.L.47, SEC.1.)
IC 6-1.1-4-3Heirs or devisees; assessment
Sec. 3. (a) The undivided real property of a deceased person
whichis not under the control of an executor or administrator may
beassessed to the decedent's heirs or devisees without designating
theheirs or devisees by name. The real property may be assessed in
thismanner until notice of:
(1) the division of the property;(2) the names of the heirs or
devisees; and(3) the portion of the property belonging to each heir
or devisee;
is given to the auditor of the county or counties in which the
realproperty is situated.
(b) Each heir or devisee is liable for the total taxes imposed
on theundivided real property of a decedent. If an heir or devisee
pays thetotal taxes, he may recover from each other heir or
devisee:
(1) the other heir's or devisee's share of the total taxes;
and(2) interest on the amount referred to in clause (1) of
thissubsection.
In addition, the heir or devisee who pays the taxes acquires
thelien for the taxes paid on the property interest of the other
heirs ordevisees.(Formerly: Acts 1975, P.L.47, SEC.1.) As amended
by Acts 1977,P.L.2, SEC.5.
IC 6-1.1-4-4 Version aSchedule of general reassessment of real
property; notice toassessing officials; assessed value based on
estimated true tax value
Note: This version of section effective until 1-1-2016. See
alsofollowing version of this section, effective 1-1-2016.
Sec. 4. (a) A general reassessment, involving a physical
inspectionof all real property in Indiana, shall begin July 1,
2010. Thereassessment under this subsection:
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(1) shall be completed on or before March 1 of the year
thatsucceeds by two (2) years the year in which the
generalreassessment begins; and(2) shall be the basis for taxes
payable in the year following theyear in which the general
assessment is to be completed.
(b) In order to ensure that assessing officials are prepared for
ageneral reassessment of real property, the department of
localgovernment finance shall give adequate advance notice of the
generalreassessment to the assessing officials of each
county.(Formerly: Acts 1975, P.L.47, SEC.1.) As amended by Acts
1978,P.L.32, SEC.4; Acts 1980, P.L.36, SEC.1; P.L.62-1983,
SEC.1;P.L.332-1989(ss), SEC.3; P.L.6-1997, SEC.13;
P.L.198-2001,SEC.7; P.L.90-2002, SEC.30; P.L.245-2003, SEC.3;
P.L.228-2005,SEC.3; P.L.146-2008, SEC.64; P.L.136-2009,
SEC.1;P.L.182-2009(ss), SEC.85; P.L.112-2012, SEC.1.
IC 6-1.1-4-4 Version bSchedule of general reassessment of real
property; notice toassessing officials; assessed value based on
estimated true tax value
Note: This version of section effective 1-1-2016. See
alsopreceding version of this section, effective until
1-1-2016.
Sec. 4. (a) A general reassessment, involving a physical
inspectionof all real property in Indiana, shall begin July 1,
2010. Thereassessment under this subsection:
(1) shall be completed on or before March 1 of the year
thatsucceeds by two (2) years the year in which the
generalreassessment begins; and(2) shall be the basis for taxes
payable in the year following theyear in which the general
assessment is to be completed.
(b) In order to ensure that assessing officials are prepared for
ageneral reassessment of real property, the department of
localgovernment finance shall give adequate advance notice of the
generalreassessment to the assessing officials of each county.
(c) This section expires July 1, 2016.(Formerly: Acts 1975,
P.L.47, SEC.1.) As amended by Acts 1978,P.L.32, SEC.4; Acts 1980,
P.L.36, SEC.1; P.L.62-1983, SEC.1;P.L.332-1989(ss), SEC.3;
P.L.6-1997, SEC.13; P.L.198-2001,SEC.7; P.L.90-2002, SEC.30;
P.L.245-2003, SEC.3; P.L.228-2005,SEC.3; P.L.146-2008, SEC.64;
P.L.136-2009, SEC.1;P.L.182-2009(ss), SEC.85; P.L.112-2012, SEC.1;
P.L.245-2015,SEC.3.
IC 6-1.1-4-4.2County reassessment plan; approval by department
of localgovernment finance
Sec. 4.2. (a) The county assessor of each county shall, before
July1, 2013, and before May 1 of every fourth year thereafter,
prepareand submit to the department of local government finance
areassessment plan for the county. The following apply to a
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reassessment plan prepared and submitted under this section:(1)
The reassessment plan is subject to approval by thedepartment of
local government finance. The department oflocal government finance
shall complete its review and approvalof the reassessment plan
before:
(A) March 1, 2015; and(B) January 1 of each subsequent year that
follows a year inwhich the reassessment plan is submitted by the
county.
(2) The department of local government finance shall
determinethe classes of real property to be used for purposes of
thissection.(3) Except as provided in subsection (b), the
reassessment planmust divide all parcels of real property in the
county into four(4) different groups of parcels. Each group of
parcels mustcontain approximately twenty-five percent (25%) of the
parcelswithin each class of real property in the county.(4) Except
as provided in subsection (b), all real property ineach group of
parcels shall be reassessed under the county'sreassessment plan
once during each four (4) year cycle.(5) The reassessment of a
group of parcels in a particular classof real property shall begin
on May 1 of a year.(6) The reassessment of parcels:
(A) must include a physical inspection of each parcel of
realproperty in the group of parcels that is being reassessed;
and(B) shall be completed on or before January 1 of the yearafter
the year in which the reassessment of the group ofparcels
begins.
(7) For real property included in a group of parcels that
isreassessed, the reassessment is the basis for taxes payable in
theyear following the year in which the reassessment is to
becompleted.(8) The reassessment plan must specify the dates by
which theassessor must submit land values under section 13.6 of
thischapter to the county property tax assessment board of
appeals.(9) Subject to review and approval by the department of
localgovernment finance, the county assessor may modify
thereassessment plan.
(b) A county may submit a reassessment plan that provides
forreassessing more than twenty-five percent (25%) of all parcels
of realproperty in the county in a particular year. A plan may
provide thatall parcels are to be reassessed in one (1) year.
However, a plan mustcover a four (4) year period. All real property
in each group ofparcels shall be reassessed under the county's
reassessment plan onceduring each reassessment cycle.
(c) The reassessment of the first group of parcels under a
county'sreassessment plan shall begin on July 1, 2014, and shall be
completedon or before January 1, 2015.
(d) The department of local government finance may adopt rulesto
govern the reassessment of property under county reassessment
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plans.As added by P.L.112-2012, SEC.2. Amended by
P.L.111-2014,SEC.8.
IC 6-1.1-4-4.3Repealed
(As added by P.L.235-2013, SEC.1. Repealed by
P.L.97-2014,SEC.1.)
IC 6-1.1-4-4.4 Version aDocumentation of change in assessment
method; burden of proofof validity of change
Note: This version of section effective until 1-1-2016. See
alsofollowing version of this section, effective 1-1-2016.
Sec. 4.4. (a) This section applies to an assessment under
section4 or 4.5 of this chapter or another law.
(b) If the assessor changes the underlying parcel
characteristics,including age, grade, or condition, of a property,
from the previousyear's assessment date, the assessor shall
document:
(1) each change; and(2) the reason that each change was
made.
In any appeal of the assessment, the assessor has the burden
ofproving that each change was valid.As added by P.L.113-2010,
SEC.13.
IC 6-1.1-4-4.4 Version bDocumentation of change in assessment
method; burden of proofof validity of change
Note: This version of section effective 1-1-2016. See
alsopreceding version of this section, effective until
1-1-2016.
Sec. 4.4. (a) This section applies to an assessment under
section4.2 or 4.5 of this chapter or another law.
(b) If the assessor changes the underlying parcel
characteristics,including age, grade, or condition, of a property,
from the previousyear's assessment date, the assessor shall
document:
(1) each change; and(2) the reason that each change was
made.
In any appeal of the assessment, the assessor has the burden
ofproving that each change was valid.As added by P.L.113-2010,
SEC.13. Amended by P.L.245-2015,SEC.4.
IC 6-1.1-4-4.5Annual adjustment of assessed value of real
property; state reviewand certification; base rate methodology;
adjustment in assessedvalue based on estimated true tax value
Sec. 4.5. (a) The department of local government finance
shalladopt rules establishing a system for annually adjusting the
assessedvalue of real property to account for changes in value in
those years
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since a reassessment under section 4 or 4.2 of this chapter for
theproperty last took effect.
(b) Subject to subsection (e), the system must be applied to
adjustassessed values beginning with the 2006 assessment date and
eachyear thereafter that is not a year in which a reassessment
undersection 4 or 4.2 of this chapter for the property becomes
effective.
(c) The rules adopted under subsection (a) must include
thefollowing characteristics in the system:
(1) Promote uniform and equal assessment of real propertywithin
and across classifications.(2) Require that assessing
officials:
(A) reevaluate the factors that affect value;(B) express the
interactions of those factors mathematically;(C) use mass appraisal
techniques to estimate updatedproperty values within statistical
measures of accuracy; and(D) provide notice to taxpayers of an
assessment increasethat results from the application of annual
adjustments.
(3) Prescribe procedures that permit the application of
theadjustment percentages in an efficient manner by
assessingofficials.
(d) The department of local government finance must review
andcertify each annual adjustment determined under this
section.
(e) In making the annual determination of the base rate to
satisfythe requirement for an annual adjustment under subsection
(c) forcurrent property taxes first due and payable in 2011 and
thereafter,the department of local government finance shall
determine the baserate using the methodology reflected in Table
2-18 of Book 1,Chapter 2 of the department of local government
finance's RealProperty Assessment Guidelines (as in effect on
January 1, 2005),except that the department shall adjust the
methodology to:
(1) use a six (6) year rolling average adjusted under
subdivision(2) instead of a four (4) year rolling average; and(2)
eliminate in the calculation of the rolling average the yearamong
the six (6) years for which the highest market value inuse of
agricultural land is determined.
(f) For assessment dates after December 31, 2009, an
adjustmentin the assessed value of real property under this section
shall be basedon the estimated true tax value of the property on
the assessment datethat is the basis for taxes payable on that real
property.As added by P.L.198-2001, SEC.8. Amended by
P.L.245-2003,SEC.4; P.L.228-2005, SEC.4; P.L.136-2009, SEC.2;
P.L.112-2010,SEC.1; P.L.112-2012, SEC.3.
IC 6-1.1-4-4.6Department of local government finance setting of
annualadjustment factors if county assessor fails to set;
equalization offactors; notice and hearing; applicability
Sec. 4.6. (a) If a county assessor fails before July 2 of a
particularyear that ends before January 1, 2016, and before June 2
of a
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particular year that begins after December 31, 2015, for which
anadjustment to the assessed value of real property applies
undersection 4.5 of this chapter to prepare and deliver to the
county auditora complete detailed list of all of the real property
listed for taxationin the county as required by IC 6-1.1-5-14 and
at least one hundredeighty (180) days have elapsed after the
deadline specified inIC 6-1.1-5-14 for the county assessor to
deliver the list, thedepartment of local government finance may
develop annualadjustment factors under this section for that year.
In developingannual adjustment factors under this section, the
department of localgovernment finance shall use data in its
possession that is obtainedfrom:
(1) the county assessor; or(2) any of the sources listed in the
rule, including county or statesales data, government studies,
ratio studies, cost anddepreciation tables, and other market
analyses.
(b) Using the data described in subsection (a), the department
oflocal government finance shall propose to establish
annualadjustment factors for the affected tax districts for one (1)
or more ofthe classes of real property. The proposal may provide
for theequalization of annual adjustment factors in the affected
township orcounty and in adjacent areas. The department of local
governmentfinance shall issue notice and provide opportunity for
hearing inaccordance with IC 6-1.1-14-4 and IC 6-1.1-14-9, as
applicable,before issuing final annual adjustment factors.
(c) The annual adjustment factors finally determined by
thedepartment of local government finance after the hearing
requiredunder subsection (b) apply to the annual adjustment of real
propertyunder section 4.5 of this chapter for:
(1) the assessment date; and(2) the real property;
specified in the final determination of the department of
localgovernment finance.As added by P.L.182-2009(ss), SEC.86.
Amended by P.L.113-2010,SEC.14; P.L.111-2014, SEC.9.
IC 6-1.1-4-4.7Training of assessors and county auditors in sales
disclosure formverification
Sec. 4.7. The department of local government finance
shallprovide training to township assessors, county assessors, and
countyauditors with respect to the verification of sales disclosure
formsunder 50 IAC 27-4-7.As added by P.L.228-2005, SEC.5. Amended
by P.L.146-2008,SEC.65; P.L.5-2015, SEC.9.
IC 6-1.1-4-5Petition for reassessment
Sec. 5. (a) A petition for the reassessment of a real property
that
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is subject to reassessment under section 4 of this chapter and
situatedwithin a township may be filed with the department of
localgovernment finance on or before:
(1) March 31st of any year beginning before January 1,
2016,which is not a general election year and in which no
generalreassessment of real property is made; or(2) January 31 of
any year beginning after December 31, 2015,that is not a general
election year and in which no generalreassessment of real property
is made.
A petition for reassessment of real property applies only to the
mostrecent real property assessment date.
(b) The petition for reassessment must be signed by not less
thanthe following percentage of all the owners of taxable real
propertywho reside in the township:
(1) fifteen percent (15%) for a township which does not
containan incorporated city or town;(2) five percent (5%) for a
township containing all or part of anincorporated city or town
which has a population of fivethousand (5,000) or less;(3) four
percent (4%) for a township containing all or part of
anincorporated city which has a population of more than
fivethousand (5,000) but not exceeding ten thousand (10,000);(4)
three percent (3%) for a township containing all or part of
anincorporated city which has a population of more than tenthousand
(10,000) but not exceeding fifty thousand (50,000);(5) two percent
(2%) for a township containing all or part of anincorporated city
which has a population of more than fiftythousand (50,000) but not
exceeding one hundred fifty thousand(150,000); or(6) one percent
(1%) for a township containing all or part of anincorporated city
which has a population of more than onehundred fifty thousand
(150,000).
The signatures on the petition must be verified by the oath of
one (1)or more of the signers. A certificate of the county auditor
stating thatthe signers constitute the required number of resident
owners oftaxable real property of the township must accompany the
petition.
(c) Upon receipt of a petition under subsection (a), the
departmentof local government finance may order a reassessment
under section9 of this chapter or conduct a reassessment under
section 31.5 of thischapter.(Formerly: Acts 1975, P.L.47, SEC.1.)
As amended by P.L.2-1995,SEC.20; P.L.90-2002, SEC.31; P.L.113-2010,
SEC.15;P.L.112-2012, SEC.4; P.L.111-2014, SEC.10.
IC 6-1.1-4-5.5Petition for reassessment under county
reassessment plan
Sec. 5.5. (a) A petition for the reassessment of a real
propertygroup designated under a county's reassessment plan
prepared undersection 4.2 of this chapter may be filed with the
department of local
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government finance not later than forty-five (45) days after
notice ofassessment. A petition for reassessment of real property
applies onlyto the most recent real property assessment date.
(b) The petition for reassessment must be signed by the lesser
ofone hundred (100) owners of parcels in the group or five
percent(5%) of owners of parcels in the group. The signatures on
the petitionmust be verified by the oath of one (1) or more of the
signers. Acertificate of the county auditor stating that the
signers constitute therequired number of owners of taxable real
property in the group ofparcels must accompany the petition.
(c) Upon receipt of a petition under subsection (a), the
departmentof local government finance may order a reassessment
under section9 of this chapter or conduct a reassessment under
section 31.5 of thischapter.As added by P.L.112-2012, SEC.5.
IC 6-1.1-4-6Reassessment order
Sec. 6. If the department of local government finance
determinesthat a petition filed under section 5 or 5.5 of this
chapter has beensigned by the required number of petitioners and
that the presentassessed value of any real property is inequitable,
the department oflocal government finance shall order a
reassessment of the realproperty for which the petition was filed.
The order shall specify thetime within which the reassessment shall
be completed and the dateon which the reassessment shall become
effective.(Formerly: Acts 1975, P.L.47, SEC.1.) As amended by
P.L.90-2002,SEC.32; P.L.112-2012, SEC.6.
IC 6-1.1-4-7Repealed
(Repealed by P.L.41-1993, SEC.54.)
IC 6-1.1-4-8Repealed
(Repealed by P.L.41-1993, SEC.54.)Revisor's Note: The repeal of
IC 6-1.1-4-8 appearing in the 1993
Edition of the Indiana Code was printed incorrectly. Use this
versionof repeal of IC 6-1.1-4-8, effective 1-1-1994.
IC 6-1.1-4-9Reassessment resolution of department of local
governmentfinance; hearing; reassessment order
Sec. 9. In order to maintain a just and equitable valuation of
realproperty, the department of local government finance may adopt
aresolution declaring its belief that it is necessary to reassess
all or aportion of the real property located within this state. If
the departmentof local government finance adopts a reassessment
resolution and ifeither a township or a larger area is involved
(for assessments before
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January 1, 2016) or one (1) or more groups of parcels under
thecounty's reassessment plan are involved (for assessments
afterDecember 31, 2015), the department shall hold a hearing
concerningthe necessity for the reassessment at the courthouse of
the county inwhich the property is located. The department of local
governmentfinance shall give notice of the time and place of the
hearing in themanner provided in section 10 of this chapter. After
the hearing, orif the area involved is less than a township (for
assessments beforeJanuary 1, 2016) or is less than one (1) group of
parcels under thecounty's reassessment plan (for assessments after
December 31,2015), after the adoption of the resolution of the
department of localgovernment finance, the department may order any
reassessment itdeems necessary. The order shall specify the ti