906
IC 6-1.1 ARTICLE 1.1. PROPERTY TAXES IC 6-1.1-1 Chapter 1. General Definitions and Rules of Construction IC 6-1.1-1-1 Applicability Sec. 1. The definitions and rules of construction contained in this chapter apply throughout this article unless the context clearly requires 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 of appeals. (b) The term "assessing official" does not grant a member of the county property tax assessment board of appeals primary assessing functions 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 tangible property is assessed and valued for purposes of collecting ad valorem property taxes imposed for that date. The term refers to the date specified 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 and one-third percent (33 1/3%) of the true tax value of property; and (2) for assessment dates after February 28, 2001, the true tax value of property. (b) For purposes of calculating a budget, rate, or levy under IC 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 Indiana Code 2015

IC 6-1.1 ARTICLE 1.1. PROPERTY TAXES - Vanderburgh County Code 6-1.1.pdf · General Definitions and Rules of Construction IC 6-1.1-1-1 Applicability Sec. 1. The definitions and rules

  • Upload
    others

  • View
    2

  • Download
    0

Embed Size (px)

Citation preview

  • 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

    Indiana Code 2015

  • 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

    Indiana Code 2015

  • "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

    Indiana Code 2015

  • (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

    Indiana Code 2015

  • (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

    Indiana Code 2015

  • 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.)

    Indiana Code 2015

  • 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.

    Indiana Code 2015

  • (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.

    Indiana Code 2015

  • 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

    Indiana Code 2015

  • 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

    Indiana Code 2015

  • 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

    Indiana Code 2015

  • 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

    Indiana Code 2015

  • 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.

    Indiana Code 2015

  • (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.

    Indiana Code 2015

  • 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.

    Indiana Code 2015

  • 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

    Indiana Code 2015

  • 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,

    Indiana Code 2015

  • 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.

    Indiana Code 2015

  • 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

    Indiana Code 2015

  • 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

    Indiana Code 2015

  • 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

    Indiana Code 2015

  • 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

    Indiana Code 2015

  • 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

    Indiana Code 2015

  • 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.

    Indiana Code 2015

  • (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.

    Indiana Code 2015

  • (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

    Indiana Code 2015

  • 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

    Indiana Code 2015

  • 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

    Indiana Code 2015

  • 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

    Indiana Code 2015

  • 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

    Indiana Code 2015

  • 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.

    Indiana Code 2015

  • 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:

    Indiana Code 2015

  • (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

    Indiana Code 2015

  • 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

    Indiana Code 2015

  • 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

    Indiana Code 2015

  • 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

    Indiana Code 2015

  • 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

    Indiana Code 2015

  • 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

    Indiana Code 2015

  • 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

    Indiana Code 2015

  • 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