Citations Affected: IC 4-22; IC 5-13; IC 6-1.1; IC 6-3; IC 8-22;
IC 12-29; IC 20-5.5; IC 21-1; IC 21-3; IC 36-2; IC 36-6; IC 36-7;
noncode.
Effective: May 8, 2003 (retroactive); July 1, 2003 (retroactive); upon
passage; January 1, 2004; July 1, 2004; January 1, 2005.
November 18, 2003, read first time and referred to Committee on Ways & Means.
November 18, 2003, amended, reported _ Do Pass.
November 20, 2003, read second time, amended, ordered engrossed.
November 21, 2003, engrossed.
November 21, 2003, read third time, recommitted to Committee of One, amended; passed.
Yeas 51, nays 48.
tax anticipation warrants for property taxes that were not collected on the regular due dates. Requires settlement of overpayments of property replacement credit distributions resulting from the resolution of taxpayer appeals. Authorizes the department of local government finance to assume assessment or annual adjustment duties under certain circumstances. Allows the county treasurer to accept installment payments and to waive late payment penalties. Validates various actions taken by the department of local government finance and local assessing officials in 2003 concerning the allowance of installment payments, the waiving of late penalties, and the extension of the deadline for appeal. Replaces the notice of assessment procedure with a procedure that combines the notice with the initial tax bill that reflects the change. Requires county assessors and township assessors to be certified in order to hold office after December 31, 2005. Requires counties to submit sales disclosure data to the state in electronic form. Requires the department of local government finance to determine whether a uniform statewide assessment computer system is affordable and necessary. Allows provisional tax bills to be issued after 2003, if needed. Requires tax appeal refunds to be sent to taxpayers without filing a claim. Allows the department of local government finance to adjust statutory tax rate limits to eliminate the effects of reassessment. Eliminates the requirement to file a Form 130 before initiating a property tax appeal. Extends the deadline for a religious institution to apply for an exemption from property taxes payable in 2002. Increases the income tax deduction for property taxes paid in 2004 by persons who were billed for 2003 property taxes in 2004. Makes technical corrections.
A BILL FOR AN ACT to amend the Indiana Code concerning
taxation.
of this article, the official or county property tax assessment board of
appeals shall give notice to the taxpayer and the county assessor by
mail, of the amount of the assessment or reassessment.
(b) During a period of general reassessment, each township assessor
shall mail give to the county assessor the notice required by this
section within not later than ninety (90) days after he: the township
assessor:
(1) completes his the appraisal of a parcel; or
(2) receives a report for a parcel from a professional appraiser or
professional appraisal firm.
(c) The assessing official or county property tax assessment
board of appeals shall give the notice required by this section to the
taxpayer as part of the initial statement issued under IC 6-1.1-22-8
that is affected by the assessment or reassessment.
board; and
(2) the department of local government finance shall present its
evidence that the reassessment is correct.
(i) The Indiana board may dismiss a petition for review filed under
subsection (c) if the evidence and other information required under
subsection (h)(1) is not provided at the hearing under subsection (g).
(j) The township assessor and the county assessor may attend and
participate in the hearing under subsection (g).
(k) The Indiana board may:
(1) consider the report of the special masters under subsection
(g)(4);
(2) make a final determination based on the findings of the special
masters without:
(A) conducting a hearing; or
(B) any further proceedings; and
(3) incorporate the findings of the special masters into the board's
findings in resolution of the appeal.
(l) The Indiana board may adopt emergency rules under
IC 4-22-2-37.1 to:
(1) establish procedures to expedite:
(A) the conduct of hearings under subsection (g); and
(B) the issuance of determinations of appeals under subsection
(b); and
(2) establish deadlines:
(A) for conducting hearings under subsection (g); and
(B) for issuing determinations of appeals under subsection (b).
(m) A determination by the Indiana board of an appeal under
subsection (b) is subject to appeal to the tax court under IC 6-1.1-15.
(n) This section expires December 31, 2005.
the following:
(1) A county assessor.
(2) A township assessor.
(3) A township trustee-assessor.
(e) If:
(1) the department determines that a county's reassessment
officials are unable to complete the reassessment in a timely
manner; or
(2) the department determines that a county's reassessment
officials are likely to complete the reassessment in an
inaccurate manner;
the department may order a state conducted reassessment in the
county. The department may consider a reassessment in a county
untimely if the county does not submit the county's equalization
study to the department in the manner prescribed under 50
IAC 14 before October 20, 2003. The department may consider the
assessment or reassessment work of a county's reassessment
officials inaccurate if the department determines from a sample of
the assessments completed in the county that there is a variance
exceeding ten percent (10%) between the total assessed valuation
of the real property within the sample and the total assessed
valuation that would result if the real property within the sample
were valued in the manner provided by law. The department may
consider an adjustment to be inaccurate if the county's
reassessment officials do not perform the adjustment as prescribed
by the department.
(f) If the department orders a state conducted reassessment in
a county, the department shall assume the duties of the county's
reassessment officials. Notwithstanding sections 4.5, 15, and 17 of
this chapter, a reassessment official in a county subject to an order
issued under this section may not assess property or have property
assessed for the general reassessment. Until the state conducted
reassessment is completed under this section, the reassessment
duties of a reassessment official in the county are limited to
providing the department or a contractor of the department the
support and information requested by the department or the
contractor.
(g) Before assuming the duties of a county's reassessment
officials, the department shall transmit a copy of the department's
order requiring a state conducted reassessment to the county's
reassessment officials, the county fiscal body, the county auditor,
and the county treasurer. Notice of the department's actions must
be published one (1) time in a newspaper of general circulation in
the county. The department is not required to conduct a public
hearing before taking action under this section.
(h) Township and county officials in a county subject to an
order issued under this section shall, at the request of the
department or the department's contractor, make available and
provide access to all:
(1) data;
(2) records;
(3) maps;
(4) parcel record cards;
(5) forms;
(6) computer software systems;
(7) computer hardware systems; and
(8) other information;
related to the reassessment of real property in the county. The
information described in this subsection must be provided at no
cost to the department or the contractor of the department. A
failure to provide information requested under this subsection
constitutes a failure to perform a duty related to a general
reassessment and is subject to IC 6-1.1-37-2.
(i) The department may enter into a contract with a professional
appraising firm to conduct a reassessment under this section. If a
county or a township located in the county entered into a contract
with a professional appraising firm to conduct the county's
reassessment before the department orders a state conducted
reassessment in the county under this section, the contract:
(1) is as valid as if it had been entered into by the department;
and
(2) shall be treated as the contract of the department.
(j) After receiving the report of assessed values from the
appraisal firm acting under a contract described in subsection (i),
the department of local government finance shall give notice to the
taxpayer and the county assessor, by mail, of the amount of the
reassessment. The notice of reassessment:
(1) is subject to appeal by the taxpayer under section 37 of
this chapter; and
(2) must include a statement of the taxpayer's rights under
section 37 of this chapter.
(k) The department shall forward a bill for services provided
under a contract described in subsection (i) to the auditor of the
county in which the state conducted reassessment occurs. The
county shall pay the bill under the procedures prescribed by
subsection (l).
(l) A county subject to an order issued under this section shall
pay the cost of a contract described in subsection (i), without
appropriation, from the county's property reassessment fund. A
contractor may periodically submit bills for partial payment of
work performed under the contract. Notwithstanding any other
law, a contractor is entitled to payment under this subsection for
work performed under a contract if the contractor:
(1) submits to the department a fully itemized, certified bill in
the form required by IC 5-11-10-1 for the costs of the work
performed under the contract;
(2) obtains from the department:
(A) approval of the form and amount of the bill; and
(B) a certification that the billed goods and services have
been received and comply with the contract; and
(3) files with the county auditor:
(A) a duplicate copy of the bill submitted to the
department;
(B) proof of the department's approval of the form and
amount of the bill; and
(C) the department's certification that the billed goods and
services have been received and comply with the contract.
The department's approval and certification of a bill under
subdivision (2) shall be treated as conclusively resolving the merits
of a contractor's claim. Upon receipt of the documentation
described in subdivision (3), the county auditor shall immediately
certify that the bill is true and correct without further audit,
publish the claim as required by IC 36-2-6-3, and submit the claim
to the county executive. The county executive shall allow the claim,
in full, as approved by the department, without further
examination of the merits of the claim in a regular or special
session that is held not less than three (3) days and not more than
seven (7) days after the completion of the publication requirements
under IC 36-2-6-3. Upon allowance of the claim by the county
executive, the county auditor shall immediately issue a warrant or
check for the full amount of the claim approved by the department.
Compliance with this subsection constitutes compliance with
section 28.5 of this chapter, IC 5-11-6-1, IC 5-11-10, and IC 36-2-6.
The determination and payment of a claim in compliance with this
subsection is not subject to remonstrance and appeal.
IC 36-2-6-4(f) and IC 36-2-6-9 do not apply to a claim submitted
under this subsection. IC 5-11-10-1.6(d) applies to a fiscal officer
who pays a claim in compliance with this subsection.
(m) Notwithstanding IC 4-13-2, a period of seven (7) days is
permitted for each of the following to review and act under
IC 4-13-2 on a contract of the department entered into under this
section:
(1) The commissioner of the Indiana department of
administration.
(2) The director of the budget agency.
(3) The attorney general.
(n) If the money in a county's property reassessment fund is
insufficient to pay for a reassessment conducted under this section,
the department may increase the tax rate and tax levy of the
county's property reassessment fund to pay the cost and expenses
related to the reassessment.
(o) The department or the contractor of the department shall
use the land values determined under section 13.6 of this chapter
for a county subject to an order issued under this section to the
extent that the department or the contractor finds that the land
values reflect the true tax value of land, as determined under this
article and the rules of the department. If the department or the
contractor finds that the land values determined for the county
under section 13.6 of this chapter do not reflect the true tax value
of land, the department or the contractor shall determine land
values for the county that reflect the true tax value of land, as
determined under this article and the rules of the department.
Land values determined under this subsection shall be used to the
same extent as if the land values had been determined under
section 13.6 of this chapter. The department or the contractor of
the department shall notify the county's reassessment officials of
the land values determined under this subsection.
(p) A contractor of the department may notify the department
if:
(1) a county auditor fails to:
(A) certify the contractor's bill;
(B) publish the contractor's claim;
(C) submit the contractor's claim to the county executive;
or
(D) issue a warrant or check for payment of the
contractor's bill;
as required by subsection (l) at the county auditor's first legal
opportunity to do so;
create a debt of the state.
(v) The provisions of this section are severable as provided in
IC 1-1-1-8(b).
chapter, a taxpayer must initiate the informal hearing process by
notifying the department of local government finance or its
designee of the taxpayer's intent to participate in an informal
hearing referred to in subsection (b) not later than forty-five (45)
days after the department of local government finance gives notice
under section 35(j) of this chapter to taxpayers of the amount of
the reassessment.
(e) The informal hearings referred to in subsection (b) must be
conducted:
(1) in the county where the property is located; and
(2) in a manner determined by the department of local
government finance.
(f) The department of local government finance shall:
(1) consider the recommendation of the contractor under
subsection (c); and
(2) if the department accepts a recommendation that a change
in the reassessment is warranted, accept or modify the
recommended amount of the changed reassessment.
(g) The department of local government finance shall send a
notice of the result of each informal hearing to:
(1) the taxpayer;
(2) the county auditor;
(3) the county assessor; and
(4) the township assessor of the township in which the
property is located.
(h) A notice under subsection (g) must:
(1) state whether the reassessment was changed as a result of
the informal hearing; and
(2) if the reassessment was changed as a result of the informal
hearing:
(A) indicate the amount of the changed reassessment; and
(B) provide information on the taxpayer's right to appeal
under section 37 of this chapter.
(i) If the department of local government finance does not send
a notice under subsection (g) not later than two hundred seventy
(270) days after the date the department gives notice of the amount
of the reassessment under section 32(f) of this chapter:
(1) the department may not change the amount of the
reassessment under the informal hearing process described in
this section; and
(2) the taxpayer may appeal the reassessment under section 37
of this chapter.
administrative law judges employed by the Indiana board).
(4) Other qualified individuals.
(f) Each contract entered into under subsection (e) must specify
the appointee's compensation and entitlement to reimbursement
for expenses. The compensation and reimbursement for expenses
are paid from the county property reassessment fund. Payments
under this subsection from the county property reassessment fund
may not exceed five hundred thousand dollars ($500,000).
(g) With respect to each petition for review filed under
subsection (c), the special masters shall:
(1) set a hearing date;
(2) give notice of the hearing at least thirty (30) days before
the hearing date, by mail, to:
(A) the taxpayer;
(B) the department of local government finance;
(C) the township assessor; and
(D) the county assessor;
(3) conduct a hearing and hear all evidence submitted under
this section; and
(4) make evidentiary findings and file a report with the
Indiana board.
(h) At the hearing under subsection (g):
(1) the taxpayer shall present:
(A) the taxpayer's evidence that the reassessment is
incorrect;
(B) the method by which the taxpayer contends the
reassessment should be correctly determined; and
(C) comparable sales, appraisals, or other pertinent
information concerning valuation as required by the
Indiana board; and
(2) the department of local government finance shall present
its evidence that the reassessment is correct.
(i) The Indiana board may dismiss a petition for review filed
under subsection (c) if the evidence and other information required
under subsection (h)(1) is not provided at the hearing under
subsection (g).
(j) The township assessor and the county assessor may attend
and participate in the hearing under subsection (g).
(k) The Indiana board may:
(1) consider the report of the special masters under subsection
(g)(4);
(2) make a final determination based on the findings of the
special masters without:
(A) conducting a hearing; or
(B) any further proceedings; and
(3) incorporate the findings of the special masters into the
board's findings in resolution of the appeal.
(l) The Indiana board may adopt emergency rules under
IC 4-22-2-37.1 to:
(1) establish procedures to expedite:
(A) the conduct of hearings under subsection (g); and
(B) the issuance of determinations of appeals under
subsection (k); and
(2) establish deadlines:
(A) for conducting hearings under subsection (g); and
(B) for issuing determinations of appeals under subsection
(k).
(m) A determination by the Indiana board of an appeal under
subsection (k) is subject to appeal to the tax court under
IC 6-1.1-15.
possession or control of an employee or a contractor of the
official.
(8) Any county official in a qualifying county who has control,
review, or other responsibilities related to paying claims of a
contractor submitted for payment under section 35 of this
chapter.
(d) Upon petition from the department of local government
finance or a contractor, the tax court may order a qualifying
official to produce information requested in writing from the
qualifying official by the department of local government finance
or a contractor.
(e) If the tax court orders a qualifying official to provide
requested information as described in subsection (d), the tax court
shall order production of the information not later than fourteen
(14) days after the date of the tax court's order.
(f) The tax court may find that any willful violation of this
section by a qualifying official constitutes a direct contempt of the
tax court.
chapter for land used in connection with residential
accommodations regularly rented or leased for periods of thirty
(30) days or more. The department of local government shall notify
the assessing officials in the county of the land values established
under this subsection.
forms to the township assessors in the county. The forms may be used
by the county assessing officials, the department of local government
finance, and the legislative services agency for the purposes established
in IC 6-1.1-4-13.6, sales ratio studies, equalization, adoption of rules
under IC 6-1.1-31-3 and IC 6-1.1-31-6, and any other authorized
purpose.
assessment or increase. The notice shall contain a general description
of the property and a statement describing the taxpayer's right to file a
petition for request a preliminary conference with the township
assessor to review the assessment and the taxpayer's right to a
review with the county property tax assessment board of appeals under
IC 6-1.1-15-1.
from the assessed value of the individual's real property, or mobile
home or manufactured home which is not assessed as real property, if:
(1) the individual is at least sixty-five (65) years of age on or
before December 31 of the calendar year preceding the year in
which the deduction is claimed;
(2) the combined adjusted gross income (as defined in Section 62
of the Internal Revenue Code) of:
(A) the individual and the individual's spouse; or
(B) the individual and all other individuals with whom:
(i) the individual shares ownership; or
(ii) the individual is purchasing the property under a
contract;
as joint tenants or tenants in common;
for the calendar year preceding the year in which the deduction is
claimed did not exceed twenty-five thirty-five thousand dollars
($25,000); ($35,000);
(3) the individual has owned the real property, mobile home, or
manufactured home for at least one (1) year before claiming the
deduction; or the individual has been buying the real property,
mobile home, or manufactured home under a contract that
provides that the individual is to pay the property taxes on the real
property, mobile home, or manufactured home for at least one (1)
year before claiming the deduction, and the contract or a
memorandum of the contract is recorded in the county recorder's
office;
(4) the individual and any individuals covered by subdivision
(2)(B) reside on the real property, mobile home, or manufactured
home;
(5) the assessed value of the real property, mobile home, or
manufactured home does not exceed one hundred forty-four
thousand dollars ($144,000); and
(6) the individual receives no other property tax deduction for the
year in which the deduction is claimed, except the deductions
provided by sections 1, 37, and 38, 43, and 44 of this chapter.
(b) Except as provided in subsection (h), in the case of real property,
an individual's deduction under this section equals the lesser of:
(1) one-half (1/2) of the assessed value of the real property; or
(2) six thousand dollars ($6,000).
(c) Except as provided in subsection (h) and section 40.5 of this
chapter, in the case of a mobile home that is not assessed as real
property or a manufactured home which is not assessed as real
property, an individual's deduction under this section equals the lesser
of:
(1) one-half (1/2) of the assessed value of the mobile home or
manufactured home; or
(2) six thousand dollars ($6,000).
(d) An individual may not be denied the deduction provided under
this section because the individual is absent from the real property,
mobile home, or manufactured home while in a nursing home or
hospital.
(e) For purposes of this section, if real property, a mobile home, or
a manufactured home is owned by:
(1) tenants by the entirety;
(2) joint tenants; or
(3) tenants in common;
only one (1) deduction may be allowed. However, the age requirement
is satisfied if any one (1) of the tenants is at least sixty-five (65) years
of age.
(f) A surviving spouse is entitled to the deduction provided by this
section if:
(1) the surviving spouse is at least sixty (60) years of age on or
before December 31 of the calendar year preceding the year in
which the deduction is claimed;
(2) the surviving spouse's deceased husband or wife was at least
sixty-five (65) years of age at the time of a death;
(3) the surviving spouse has not remarried; and
(4) the surviving spouse satisfies the requirements prescribed in
subsection (a)(2) through (a)(6).
(g) An individual who has sold real property to another person
under a contract that provides that the contract buyer is to pay the
property taxes on the real property may not claim the deduction
provided under this section against that real property.
(h) In the case of tenants covered by subsection (a)(2)(B), if all of
the tenants are not at least sixty-five (65) years of age, the deduction
allowed under this section shall be reduced by an amount equal to the
deduction multiplied by a fraction. The numerator of the fraction is the
number of tenants who are not at least sixty-five (65) years of age, and
the denominator is the total number of tenants.
in which the rehabilitated property is located. The application may be
filed in person or by mail. If mailed, the mailing must be postmarked
on or before the last day for filing. Except as provided in subsection
(b), The application must be filed before May 10 of the year in which
the addition to assessed value is made.
(b) If notice of the addition to assessed value for any year is not
given to the property owner before April 10 of that year, the application
required by this section may be filed not later than thirty (30) days after
the date such a notice is mailed to the property owner at the address
shown on the records of the township assessor.
(c) (b) The application required by this section shall contain the
following information:
(1) a description of the property for which a deduction is claimed
in sufficient detail to afford identification;
(2) statements of the ownership of the property;
(3) the assessed value of the improvements on the property before
rehabilitation;
(4) the number of dwelling units on the property;
(5) the number of dwelling units rehabilitated;
(6) the increase in assessed value resulting from of the
improvements after the rehabilitation, or an estimate of the
assessed value if the assessed value is not known at the time of
filing of the deduction application; and
(7) the amount of deduction claimed, or an estimate of the
deduction if the assessed value of the improvements is not
known at the time of filing of the deduction application.
(d) (c) A deduction application filed under this section is applicable
for the year in which the increase in assessed value occurs and for the
immediately following four (4) years without any additional application
being filed.
(e) (d) On verification of an application by the assessor of the
township in which the property is located, the county auditor shall
make the deduction.
must be filed before May 10 of the year in which the addition to
assessed valuation is made.
(b) If notice of the addition to assessed valuation for any year is not
given to the property owner before April 10 of that year, the application
required by this section may be filed not later than thirty (30) days after
the date such a notice is mailed to the property owner at the address
shown on the records of the township assessor.
(c) (b) The application required by this section shall contain the
following information:
(1) the name of the property owner;
(2) a description of the property for which a deduction is claimed
in sufficient detail to afford identification;
(3) the assessed value of the improvements on the property before
rehabilitation;
(4) the increase in the assessed value of improvements resulting
from after the rehabilitation, or an estimate of the assessed
value if the assessed value is not known at the time of filing of
the deduction application; and
(5) the amount of deduction claimed, or an estimate of the
deduction if the assessed value of the improvements is not
known at the time of filing of the deduction application.
(d) (c) A deduction application filed under this section is applicable
for the year in which the addition to assessed value is made and in the
immediate following four (4) years without any additional application
being filed.
(e) (d) On verification of the correctness of an application by the
assessor of the township in which the property is located, the county
auditor shall make the deduction.
mobile home not assessed as real property, or manufactured home
not assessed as real property; or
(2) the following:
(A) Thirty-five thousand dollars ($35,000), for property taxes
first due and payable in 2003 (or that would have been first
due and payable in 2003 if the general reassessment
affecting the taxing unit had been completed on the date
required under IC 6-1.1-4-4(a)).
(B) Forty-four thousand dollars ($44,000), for property
taxes first due and payable in 2004 (excluding any amount
that would have been first due and payable in 2003 if the
general reassessment affecting the taxing unit had been
completed on the date required under IC 6-1.1-4-4(a)).
(C) Thirty-nine thousand five hundred dollars ($39,500),
for property taxes first due and payable in 2005.
(D) Thirty-five thousand dollars ($35,000), for property
taxes first due and payable in 2006 and thereafter.
(c) A person who has sold real property, a mobile home not assessed
as real property, or a manufactured home not assessed as real property
to another person under a contract that provides that the contract buyer
is to pay the property taxes on the real property, mobile home, or
manufactured home may not claim the deduction provided under this
section with respect to that real property, mobile home, or
manufactured home.
before the assessment date to which the deduction applies;
and
(2) nine thousand dollars ($9,000) if the dwelling on the real
property was initially erected more than one hundred (100)
years before an assessment date to which the deduction
applies.
(d) A person who has sold real property to another person
under a contract that provides that the contract buyer is to pay the
property taxes on the real property may not claim the deduction
provided under this section with respect to that real property.
ownership interest.
(f) The amount of the farmstead deduction is equal to the lesser
of the following:
(1) The amount specified in section 37(b)(2) of this chapter
that is applicable to the year.
(2) Twenty percent (20%) of the assessed valuation of the
total farmland acreage in the farm.
If the farm consists of more than one (1) tract that receives
separate tax statements under IC 6-1.1-22-8, the farmstead
deduction shall be allocated among the tracts in conformity with
the rules adopted by the department of local government finance.
(g) To obtain the farmstead deduction under this section, a farm
owner must file a certified statement in duplicate:
(1) on forms prescribed by the department of local
government finance; and
(2) containing the information required by the department of
local government finance;
with the county auditor of the county in which the agricultural
land is subject to assessment. The statement must be filed before
May 10 of the year containing the assessment date for the first year
to which the farmstead deduction is to be applied. Upon
verification of the statement by the township assessor of the
township in which the agricultural land is subject to assessment,
the county auditor shall allow the farmstead deduction.
(h) A person who receives a farmstead deduction under this
section for a particular year and who remains eligible for the
farmstead deduction for the following year is not required to file
a statement to apply for the farmstead deduction for the following
year.
(i) A person who receives a farmstead deduction provided under
this section for a particular year and becomes ineligible for the
farmstead deduction for the following year shall notify the county
auditor of the county in which the agricultural land for which the
person received the farmstead deduction is located of the person's
ineligibility before March 31 of the year for which the person
becomes ineligible. The filing of an amended application under
subsection (k) meets the requirements of this subsection.
(j) The county auditor of each county shall, in a particular year,
apply a farmstead deduction provided under this section to each
person that received the farmstead deduction in the preceding year
unless the auditor determines that the person is no longer eligible
for the farmstead deduction.
later than thirty (30) days after the date such a notice is mailed to the
property owner at the address shown on the records of the township
assessor.
(c) (b) The deduction application required by this section must
contain the following information:
(1) The name of the property owner.
(2) A description of the property for which a deduction is claimed
in sufficient detail to afford identification.
(3) The assessed value of the improvements before rehabilitation.
(4) The increase in the assessed value of improvements, resulting
from after the rehabilitation, or an estimate of the assessed
value if the assessed value is not known at the time of filing
the deduction application.
(5) The assessed value of the new structure in the case of
redevelopment, or an estimate of the assessed value if the
assessed value is not known at the time of filing the deduction
application.
(6) The amount of the deduction claimed for the first year of the
deduction, or an estimate of the deduction if the assessed value
of the improvements is not known at the time of filing the
deduction application.
(7) If the deduction application is for a deduction in a
residentially distressed area, the assessed value of the
improvement or new structure for which the deduction is claimed,
or an estimate of the deduction if the assessed value of the
improvement or new structure is not known at the time of
filing the deduction application.
(d) (c) A deduction application filed under subsection (a) or (b) is
applicable for the year in which the addition to assessed value or
assessment of a new structure is made and in the following years the
deduction is allowed without any additional deduction application
being filed. However, property owners who had an area designated an
urban development area pursuant to a deduction application filed prior
to January 1, 1979, are only entitled to a deduction for a five (5) year
period. In addition, property owners who are entitled to a deduction
under this chapter pursuant to a deduction application filed after
December 31, 1978, and before January 1, 1986, are entitled to a
deduction for a ten (10) year period.
(e) (d) A property owner who desires to obtain the deduction
provided by section 3 of this chapter but who has failed to file a
deduction application within the dates prescribed in subsection (a) or
(b) may file a deduction application between March 1 and May 10 of
a subsequent year which shall be applicable for the year filed and the
subsequent years without any additional deduction application being
filed for the amounts of the deduction which would be applicable to
such years pursuant to section 4 of this chapter if such a deduction
application had been filed in accordance with subsection (a) or (b). this
section.
(f) (e) Subject to subsection (i), (g), the county auditor shall act as
follows:
(1) If a determination about the number of years the deduction is
allowed has been made in the resolution adopted under section
2.5 of this chapter, the county auditor shall make the appropriate
deduction.
(2) If a determination about the number of years the deduction is
allowed has not been made in the resolution adopted under
section 2.5 of this chapter, the county auditor shall send a copy of
the deduction application to the designating body. Upon receipt
of the resolution stating the number of years the deduction will be
allowed, the county auditor shall make the appropriate deduction.
(3) If the deduction application is for rehabilitation or
redevelopment in a residentially distressed area, the county
auditor shall make the appropriate deduction.
(g) (f) The amount and period of the deduction provided for
property by section 3 of this chapter are not affected by a change in the
ownership of the property if the new owner of the property:
(1) continues to use the property in compliance with any
standards established under section 2(g) of this chapter; and
(2) files an application in the manner provided by subsection (e).
(d).
(h) The township assessor shall include a notice of the deadlines for
filing a deduction application under subsections (a) and (b) with each
notice to a property owner of an addition to assessed value or of a new
assessment.
(i) (g) Before the county auditor acts under subsection (f), (e), the
county auditor may request that the township assessor of the township
in which the property is located review the deduction application.
(j) (h) A property owner may appeal the determination of the county
auditor under subsection (f) (e) with respect to a deduction for a
property under section 3 of this chapter by filing a complaint in the
office of the clerk of the circuit or superior court not more than
forty-five (45) days after the county auditor gives the person notice of
the determination. date of mailing of the tax statement under
IC 6-1.1-22-8 for the property taxes based on the assessed value of
the property for which the owner seeks the deduction.
of notice to the taxpayer. The taxpayer and county or township official
whose original determination is under review are parties to the
proceeding before the county property tax assessment board of appeals.
At the time that notice is given to the taxpayer, the taxpayer shall also
be informed in writing of:
(1) the opportunity for review under this section; and
(2) the procedures the taxpayer must follow in order to obtain
review under this section.
(b) In order to appeal a current an assessment and have a change in
the assessment effective for the most recent an assessment date, the
taxpayer must file a petition with the assessor of the county in which
the action is taken
(1) within forty-five (45) days after notice of a change in the
assessment is given to the taxpayer; or
(2) May 10 of that year; whichever is later.
request in writing a preliminary conference with the township
assessor of the township in which the property is located not later
than forty-five (45) days after the date of mailing of the tax
statement under IC 6-1.1-22-8. The county township assessor shall
notify the county auditor that the assessment is under appeal. The
preliminary conference required under this subsection is a
prerequisite to a review by the county property tax assessment
board of appeals under subsection (h).
(c) A change in an assessment made as a result of an appeal a
request filed (1) in the same year that notice of a change in the
assessment is given to the taxpayer; and (2) not later than the time
prescribed in subsection (b) is effective for the year of the
assessment on which the tax statement is based. If the request is
filed after the time prescribed in subsection (b), becomes any change
made as a result of the request is not effective for until the next
assessment date following year.
(d) A taxpayer may appeal a current real property assessment in a
year even if the taxpayer has not received a notice of assessment in the
year. If an appeal is filed on or before May 10 of a year in which the
taxpayer has not received notice of assessment, a change in the
assessment resulting from the appeal is effective for the most recent
assessment date. If the appeal is filed after May 10, the change
becomes effective for the next assessment date.
(e) The department of local government finance shall prescribe the
form of the petition for review of an assessment determination by a
township assessor. The department shall issue instructions for
completion of the form. The form and the instructions must be clear,
simple, and understandable to the average individual. An appeal of
such a determination must be made on the form prescribed by the
department. The form must require the petitioner to specify the
following:
(1) The physical characteristics of the property in issue that bear
on the assessment determination.
(2) All other facts relevant to the assessment determination.
(3) The reasons why the petitioner believes that the assessment
determination by the township assessor is erroneous.
(f) The department of local government finance shall prescribe a
form for a response by the township assessor to the petition for review
of an assessment determination. The department shall issue instructions
for completion of the form. The form must require the township
assessor to indicate:
(1) agreement or disagreement with each item indicated on the
petition under subsection (e); and
(2) the reasons why the assessor believes that the assessment
determination is correct.
(d) The written request for a preliminary conference that is
required under subsection (b) must include the following
information:
(1) The name of the taxpayer.
(2) The address and parcel or key number of the property.
(3) The address and telephone number of the taxpayer.
(4) A brief statement that the taxpayer believes that the
assessment determination is erroneous.
The request need not be certified or verified and need not be on
any particular form.
(g) Immediately upon receipt of a timely filed petition on the form
prescribed under subsection (e), the county assessor shall forward a
copy of the petition to the township assessor who made the challenged
assessment. (e) The township assessor shall, within thirty (30) days
after the receipt of the petition, attempt to a written request for a
preliminary conference, hold a preliminary conference with the
petitioner and taxpayer to resolve as many issues as possible by:
(1) discussing the specifics of the taxpayer's reassessment;
(2) reviewing the taxpayer's property record card;
(3) explaining to the taxpayer how the reassessment was
determined;
(4) providing to the taxpayer information about the statutes,
rules, and guidelines that govern the determination of the
reassessment;
provided in subsections (i) and (j), the hearing must be held within
ninety (90) days of the filing of the petition on those items of
disagreement. except as provided in subsections (h) and (i). township
assessor's receipt of the taxpayer's written request for a
preliminary conference under subsection (b). The taxpayer may
present the taxpayer's reasons for disagreement with the assessment.
The township assessor or county assessor for the county must present
the basis for the assessment decision on these items to the board of
appeals at the hearing and the reasons the petitioner's taxpayer's
appeal should be denied on those items. The board of appeals shall
have a written record of the hearing and prepare a written statement of
findings and a decision on each item within sixty (60) days of the
hearing, except as provided in subsections (h) (i) and (i). (j). If the
township assessor does not attempt to hold a preliminary conference,
the board shall accept the appeal of the petitioner at the hearing.
(h) (i) This subsection applies to a county having a population of
more than three hundred thousand (300,000). In the case of a petition
filed after December 31, 2000, the county property tax assessment
board of appeals shall:
(1) hold its hearing within one hundred eighty (180) days instead
of ninety (90) days; and
(2) have a written record of the hearing and prepare a written
statement of findings and a decision on each item within one
hundred twenty (120) days after the hearing.
(i) (j) This subsection applies to a county having a population of
three hundred thousand (300,000) or less. With respect to an appeal of
a real property assessment that takes effect on the assessment date on
which a general reassessment of real property takes effect under
IC 6-1.1-4-4, the county property tax assessment board of appeals shall:
(1) hold its hearing within one hundred eighty (180) days instead
of ninety (90) days; and
(2) have a written record of the hearing and prepare a written
statement of findings and a decision on each item within one
hundred twenty (120) days after the hearing.
(j) (k) The county property tax assessment board of appeals:
(1) may not require a taxpayer that files a petition for review
under this section to file documentary evidence or summaries of
statements of testimonial evidence before the hearing required
under subsection (g); (a); and
(2) may require the parties to the appeal to file not more than ten
(10) days before the date of the hearing required under subsection
(g) lists of witnesses and exhibits to be introduced at the hearing.
amend the form submitted under subsection (e) if the board
determines that the amendment is warranted.
of appeals shall, by mail, give notice of its determination to the
petitioner, petitioner, the township assessor, and the county assessor
and shall include with the notice copies of the forms completed under
subsection (d). (c).
under IC 6-1.1-17-0.5(b).
than forty-five (45) days after the date of mailing of the tax
statement under IC 6-1.1-22-8 for the property taxes based on the
assessed value of the property determined under subsection (a)(3).
A preliminary determination that is not appealed under this subsection
is a final unappealable order of the department of local government
finance.
SECTION 51, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 1. As used in this chapter:
"Ad valorem property tax levy for an ensuing calendar year" means
the total property taxes imposed by a civil taxing unit for current
property taxes collectible in that ensuing calendar year.
"Adopting county" means any county in which the county adjusted
gross income tax is in effect.
"Civil taxing unit" means any taxing unit except a school
corporation.
"Maximum permissible ad valorem property tax levy for the
preceding calendar year" means: the greater of:
(1) the civil taxing unit's maximum permissible ad valorem
property tax levy for the calendar year immediately preceding the
ensuing calendar year, as that levy was determined under section
3 of this chapter; or
(1) for purposes of determining a civil taxing unit's maximum
ad valorem property tax levy for the ensuing calendar year
first due and payable in 2004 (excluding any amount that
would have been first due and payable in 2003 if the general
reassessment affecting the taxing unit had been completed on
March 1, 2002), the amount determined under section 21 of
this chapter; and
(2) for purposes of determining the maximum ad valorem
property tax levy for an ensuing calendar year after 2004, the
civil taxing unit's ad valorem property tax levy for the calendar
year immediately preceding the ensuing calendar year, as that
levy was determined by the department of local government
finance in fixing the civil taxing unit's budget, levy, and rate for
that preceding calendar year under IC 6-1.1-17.
"Taxable property" means all tangible property that is subject to the
tax imposed by this article and is not exempt from the tax under
IC 6-1.1-10 or any other law. For purposes of sections 2 and 3 of this
chapter, the term "taxable property" is further defined in section 6 of
this chapter.
"Unadjusted assessed value" means the assessed value of a civil
taxing unit as determined by local assessing officials and the
department of local government finance in a particular calendar year
before the application of an annual adjustment under IC 6-1.1-4-4.5 for
that particular calendar year or any calendar year since the last general
reassessment preceding the particular calendar year.
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 2. (a) As used in
this section, "Indiana nonfarm personal income" means the estimate of
total nonfarm personal income for Indiana in a calendar year as
computed by the federal Bureau of Economic Analysis using any actual
data for the calendar year and any estimated data determined
appropriate by the federal Bureau of Economic Analysis.
(b) For purposes of determining a civil taxing unit's maximum
permissible ad valorem property tax levy for an ensuing calendar year,
the civil taxing unit shall use the assessed value growth quotient
determined in the last STEP of the following STEPS:
STEP ONE: For each of the six (6) calendar years immediately
preceding the year in which a budget is adopted under
IC 6-1.1-17-5 for the ensuing calendar year, divide the Indiana
nonfarm personal income for the calendar year by the Indiana
nonfarm personal income for the calendar year immediately
preceding that calendar year, rounding to the nearest
one-thousandth (0.001).
STEP TWO: Determine the sum of the STEP ONE results.
STEP THREE: Divide the STEP TWO result by six (6), rounding
to the nearest one-thousandth (0.001).
STEP FOUR: Determine the lesser of the following:
(A) The STEP THREE quotient.
(B) The following:
(i) One and five-hundredths (1.05) for ad valorem
property tax levies for the ensuing calendar year 2004
(excluding any amount that would have been first due
and payable in 2003 if the general reassessment affecting
the taxing unit had been completed on March 1, 2002).
(ii) One and six-hundredths (1.06) for ad valorem property
tax levies for an ensuing year after 2004.
finance.
(b) A civil taxing unit may request permission from the local
government tax control board to impose an ad valorem property
tax levy that exceeds the limits imposed by section 3 of this chapter
if the civil taxing unit experienced a property tax revenue shortfall
because of the payment of refunds that resulted from appeals
under this article and IC 6-1.5.
(c) If the local government tax control board determines that such
a shortfall described in subsection (a) or (b) has occurred, it shall
recommend to the department of local government finance that the civil
taxing unit be allowed to impose a property tax levy exceeding the limit
imposed by section 3 of this chapter, and the department shall may
adopt such recommendation. However, the maximum amount by which
the civil taxing unit's levy may be increased over the limits imposed by
section 3 of this chapter equals the remainder of the civil taxing unit's
property tax levy for the particular calendar year as finally approved by
the department of local government finance minus the actual property
tax levy collected by the civil taxing unit for that particular calendar
year.
(c) (d) Any property taxes collected by a civil taxing unit over the
limits imposed by section 3 of this chapter under the authority of this
section may not be treated as a part of the civil taxing unit's maximum
permissible ad valorem property tax levy for purposes of determining
its maximum permissible ad valorem property tax levy for future years.
(d) (e) If the department of local government finance authorizes an
excess tax levy under this section, it shall take appropriate steps to
insure that the proceeds are first used to repay any loan made to the
civil taxing unit for the purpose of meeting its current expenses.
by the department of local government finance under IC 6-1.1-17,
excess in a special fund to be known as the civil taxing unit's levy
excess fund.
(c) The chief fiscal officer of a civil taxing unit may invest money
in the civil taxing unit's levy excess fund in the same manner in which
money in the civil taxing unit's general fund may be invested. However,
any income derived from investment of the money shall be deposited
in and becomes a part of the levy excess fund.
(d) The department of local government finance may shall require
a civil taxing unit to include the amount in its levy excess fund in the
civil taxing unit's budget fixed under IC 6-1.1-17.
(e) Except as provided by subsection (f), a civil taxing unit may not
spend any money in its levy excess fund until the expenditure of the
money has been included in a budget that has been approved by the
department of local government finance under IC 6-1.1-17. For
purposes of fixing its budget and for purposes of the ad valorem
property tax levy limits imposed under this chapter, a civil taxing unit
shall treat the money in its levy excess fund that the department of local
government finance permits it to spend during a particular calendar
year as part of its ad valorem property tax levy for that same calendar
year.
(f) A civil taxing unit may transfer money from its levy excess fund
to its other funds to reimburse those funds for amounts withheld from
the civil taxing unit as a result of refunds paid under IC 6-1.1-26.
(g) Subject to the limitations imposed by this section, a civil taxing
unit may use money in its levy excess fund for any lawful purpose for
which money in any of its other funds may be used.
(h) If the amount that would, notwithstanding this subsection, be
deposited in the levy excess fund of a civil taxing unit for a particular
calendar year is less than one hundred dollars ($100), no money shall
be deposited in the levy excess fund of the unit for that year.
under STEP SIX of the following formula:
STEP ONE: Determine the civil taxing unit's certified ad
valorem property tax levy for calendar year 2002, as that levy
was determined by the department of local government
finance in fixing the civil taxing unit's budget, levy, and rate
for calendar year 2002 under IC 6-1.1-17.
STEP TWO: Multiply the STEP ONE amount by one and five
hundredths (1.05).
STEP THREE: Determine the amount of that part of the civil
taxing unit's certified ad valorem property tax levy for
calendar year 2003, as that levy was determined by the
department of local government finance in fixing the civil
taxing unit's budget, levy, and rate for calendar year 2003
under IC 6-1.1-17, that resulted from the granting of one (1)
or more appeals filed under section 12 of this chapter in 2002
for the ensuing calendar year 2003.
STEP FOUR: Determine the sum of the STEP TWO and
STEP THREE amounts.
STEP FIVE: Determine the civil taxing unit's total certified
ad valorem property tax levy for calendar year 2003, as that
levy was determined by the department of local government
finance in fixing the civil taxing unit's budget, levy, and rate
for calendar year 2003 under IC 6-1.1-17.
STEP SIX: Determine the lesser of the following:
(A) The STEP FOUR amount.
(B) The STEP FIVE amount.
SECTION 87, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2003 (RETROACTIVE)]: Sec. 2.2. A county may not impose
a county children's psychiatric residential treatment services property
tax levy for an ensuing calendar year that exceeds the product of:
(1) the assessed value growth quotient determined under
IC 6-1.1-18.5-2 for the county for the ensuing calendar year;
multiplied by
(2) the maximum county children's psychiatric residential
treatment services property tax levy that the county could have
imposed for the calendar year immediately preceding the ensuing
calendar year under the limitations set by this section.
The subdivision (2) amount does not include the amount levied for
debt incurred to fund a budget for a calendar year preceding the
ensuing calendar year by two (2).
under subsection (d), with respect to a school corporation means the
total assessed value of all taxable property for ad valorem property
taxes first due and payable during that year.
(d) The department of local government finance may adjust the total
assessed value of a school corporation to eliminate the effects of
appeals and settlements arising from a statewide general reassessment
of real property.
(e) (d) The department of local government finance shall annually
establish an assessment ratio and adjustment factor for each school
corporation to be used upon the review and recommendation of the
budget committee. The information compiled, including background
documentation, may not be used in a:
(1) review of an assessment under IC 6-1.1-8, IC 6-1.1-13,
IC 6-1.1-14, or IC 6-1.1-15;
(2) petition for a correction of error under IC 6-1.1-15-12; or
(3) petition for refund under IC 6-1.1-26.
(f) (e) All tax rates shall be computed by rounding the rate to the
nearest one-hundredth of a cent ($0.0001). All tax levies shall be
computed by rounding the levy to the nearest dollar amount.
(g) (f) For the calendar year beginning January 1, 2004, and ending
December 31, 2004, a school corporation may impose a general fund
ad valorem property tax levy in the amount determined under STEP
SEVEN EIGHT of the following formula:
STEP ONE: Determine the quotient of:
(A) the school corporation's 2003 assessed valuation; divided
by
(B) the school corporation's 2002 assessed valuation.
STEP TWO: Determine the greater of zero (0) or the difference
between:
(A) the STEP ONE amount; minus
(B) one (1).
STEP THREE: Determine the lesser of eleven-hundredths (0.11)
or the product of:
(A) the STEP TWO amount; multiplied by
(B) eleven-hundredths (0.11).
STEP FOUR: Determine the sum of:
(A) the STEP THREE amount; plus
(B) one (1).
STEP FIVE: Determine the product of:
(A) the STEP FOUR amount; multiplied by
(B) the school corporation's general fund ad valorem property
tax levy for calendar year 2003.
percent (102%) of the school corporation's total levy, as approved by
the department of local government finance under IC 6-1.1-17, for the
applicable calendar year, in a special fund to be known as the school
corporation's levy excess fund.
(c) The chief fiscal officer of a school corporation may invest money
in the school corporation's levy excess fund in the same manner in
which money in the school corporation's general fund may be invested.
However, any income derived from investment of the money shall be
deposited in and become a part of the levy excess fund.
(d) The department of local government finance may require a
school corporation to include the amount in the school corporation's
levy excess fund in the school corporation's budget fixed under
IC 6-1.1-17.
(e) Except as provided in subsection (f), a school corporation may
not spend any money in its levy excess fund until the expenditure of the
money has been included in a budget that has been approved by the
department of local government finance under IC 6-1.1-17. For
purposes of fixing its budget and for purposes of the ad valorem
property tax levy limits fixed under this chapter, a school corporation
shall treat the money in its levy excess fund that the department of local
government finance permits the school corporation to spend during a
particular calendar year as part of the school corporation's ad valorem
property tax levy for that same calendar year.
(f) A school corporation may transfer money from its levy excess
fund to its other funds to reimburse those funds for amounts withheld
from the school corporation as a result of refunds paid under
IC 6-1.1-26.
(g) Subject to the limitations imposed by this section, a school
corporation may use money in its levy excess fund for any lawful
purpose for which money in any of its other funds may be used.
(h) If the amount that would be deposited in the levy excess fund of
a school corporation for a particular calendar year is less than one
hundred dollars ($100), no money shall be deposited in the levy excess
fund of the school corporation for that year.
4.5(b)(7) of this chapter and be permitted to collect an excessive tax
levy for a specified calendar year in the amount of the difference
between the school corporation's property tax levy for a particular year,
as finally approved by the department, and the school corporation's
actual property tax collections plus any balance in the school
corporation's levy excess fund.
(d) Every recommendation made by the tax control board under this
section shall specify the amount of the excessive tax levy. The
department of local government finance shall authorize the school
board to make an excessive tax levy in accordance with the
recommendation without any other proceeding. Whenever the
department of local government finance authorizes an excessive tax
levy under this subsection, the department shall take appropriate steps
to ensure that the proceeds of the excessive tax levy are first used to
repay any loan authorized under sections 4.3 through 5.3 of this
chapter.
accordance with IC 6-1.1-22-8(a). However, except when using the
term under section 2(l)(1) of this chapter, the tax liability of a taxpayer
does not include the amount of any property tax owed by the taxpayer
that is attributable to that part of any property tax levy subtracted under
section 2(g)(1)(B), 2(g)(1)(C), 2(g)(1)(D), 2(g)(1)(E), 2(g)(1)(F),
2(g)(1)(G), 2(g)(1)(H), 2(g)(1)(I), 2(g)(1)(J), or 2(g)(1)(K) of this
chapter in computing the total county tax levy.
(c) The credit for taxes payable in a particular year with respect to
mobile homes which are assessed under IC 6-1.1-7 is equivalent to the
taxpayer's property tax replacement credit amount for the taxes payable
with respect to the assessments plus the adjustments stated in this
section.
(d) Each taxpayer in a taxing district that contains all or part of an
economic development district that meets the requirements of section
5.5 of this chapter is entitled to an additional credit for property tax
replacement. This credit is equal to the product of:
(1) the STEP TWO quotient determined under section 4(a)(3) of
this chapter for the taxing district; multiplied by
(2) the taxpayer's taxes levied in the taxing district that are
allocated to a special fund under IC 6-1.1-39-5.
who shall issue a warrant, payable from the property tax replacement
fund, to the treasurer of the state ordering the payment of the excess to
the county treasurer. If the distribution exceeds the aggregate credits,
amount to which the taxing units in the county are entitled, the
county treasurer shall repay to the treasurer of the state the amount of
the excess, which shall be redeposited in the property tax replacement
fund.
(b) In making the settlement required by subsection (a), the county
auditor shall recognize the fact that any loss of revenue resulting from
the provision of homestead credits in excess of the percentage credit
allowed in IC 6-1.1-20.9-2(d) must be paid from county option income
revenues.
(c) Except as otherwise provided in this chapter, the state board of
accounts with the cooperation of the department shall prescribe the
accounting forms, records, and procedures required to carry out the
provisions of this chapter.
before the date on which the first or only installment is due. Whenever
a person's tax liability for a year is due in one (1) installment under
IC 6-1.1-7-7 or section 9 of this chapter, a statement that is mailed must
include the date on which the installment is due and denote the amount
of money to be paid for the installment. Whenever a person's tax
liability is due in two (2) installments, a statement that is mailed must
contain the dates on which the first and second installments are due and
denote the amount of money to be paid for each installment.
(c) All payments of property taxes and special assessments shall be
made to the county treasurer. The county treasurer, when authorized by
the board of county commissioners, may open temporary offices for the
collection of taxes in cities and towns in the county other than the
county seat.
(d) This subsection applies if:
(1) the property taxes for a property first due and payable in
the current year are based on an assessed valuation that
differs from the assessed valuation on which the property
taxes for the property first due and payable in the
immediately preceding year were based; or
(2) there were no property taxes for the property first due and
payable in the immediately preceding year.
The statement sent under subsection (a) must include a notice of
assessment or notice of change in assessment in the form
prescribed by the department of local government finance. A
county treasurer who transmits the statement under subsection
(a)(2) shall also mail a copy of the statement and the notice of
assessment or change in assessment to the owner in conformity
with subsection (a)(1).
after the application of all allowed deductions and credits.
Sec. 6. (a) With respect to property taxes payable under this
article on assessments determined for the 2003 assessment date or
the assessment date in any later year, the county treasurer may,
except as provided by section 7 of this chapter, use a provisional
statement under this chapter if the county auditor fails to deliver
the abstract for that assessment date to the county treasurer under
IC 6-1.1-22-5 before March 16 of the year following the assessment
date.
(b) The county treasurer shall give notice of the provisional
statement, including disclosure of the method that is to be used in
determining the tax liability to be indicated on the provisional
statement, by publication one (1) time:
(1) in the form prescribed by the department of local
government finance; and
(2) in the manner described in IC 6-1.1-22-4(b).
The notice may be combined with the notice required under section
10 of this chapter.
Sec. 7. (a) The county auditor of a county or fifty (50) property
owners in the county may, not more than five (5) days after the
publication of the notice required under section 6 of this chapter,
request in writing that the department of local government finance
waive the use of a provisional statement under this chapter as to
that county for a particular assessment date.
(b) Upon receipt of a request under subsection (a), the
department of local government finance shall give notice in the
manner provided by IC 5-3-1. The notice must state:
(1) the date and time of the hearing;
(2) the location of the hearing; and
(3) that the purpose of the hearing is to hear:
(A) the request of the county treasurer and county auditor
to waive the requirements of this chapter; and
(B) taxpayers' comments regarding that request.
(c) After the hearing, the department of local government
finance may waive the use of a provisional statement under this
chapter for a particular assessment date as to the county making
the request if the department finds that the petitioners have
presented sufficient evidence to establish that although the abstract
required by IC 6-1.1-22-5 was not delivered in a timely manner:
(1) the abstract:
(A) was delivered as of the date of the hearing; or
(B) will be delivered not later than a date specified by the
county auditor and county treasurer; and
(2) sufficient time remains or will remain after the date or
anticipated date of delivery of the abstract to:
(A) permit the timely preparation and delivery of property
tax statements in the manner provided by IC 6-1.1-22; and
(B) render the use of a provisional statement under this
chapter unnecessary.
Sec. 8. A provisional statement must:
(1) be on a form approved by the state board of accounts;
(2) except as provided in emergency rules adopted under
section 20 of this chapter, indicate tax liability in the amount
of ninety percent (90%) of the tax liability that was payable
in the same year as the assessment date for the property for
which the provisional statement is issued;
(3) indicate:
(A) that the tax liability under the provisional statement is
determined as described in subdivision (2); and
(B) that property taxes billed on the provisional statement:
(i) are due and payable in the same manner as property
taxes billed on a tax statement under IC 6-1.1-22-8; and
(ii) will be credited against a reconciling statement;
(4) include the following statement:
"Under Indiana law, ________ County (insert county) elected
to send provisional statements because the county did not
complete the abstract of the property, assessments, taxes,
deductions, and exemptions for taxes payable in (insert year)
in each taxing district before March 16, (insert year). The
statement is due to be paid in installments on May 10 and
November 10. The statement is based on ninety percent (90%)
of your tax liability for taxes payable in (insert year), subject
to adjustment for any new construction on your property.
After the abstract of property is complete, you will receive a
reconciling statement in the amount of your actual tax
liability for taxes payable in (insert year), minus the amount
you pay under this provisional statement.";
(5) indicate liability for:
(A) delinquent:
(i) taxes; and
(ii) special assessments;
(B) penalties; and
(C) interest;
is allowed to appear on the tax statement under IC 6-1.1-22-8
for the May installment of property taxes in the year in which
the provisional tax statement is issued; and
(6) include any other information the county treasurer
requires.
Sec. 9. Except as provided in section 12 of this chapter, property
taxes billed on a provisional statement are due in two (2) equal
installments on May 10 and November 10 of the year following the
assessment date covered by the provisional statement.
Sec. 10. If a provisional statement is used, the county treasurer
shall not give notice of tax rates required under IC 6-1.1-22-4 for
the reconciling statement.
Sec. 11. As soon as possible after the receipt of the abstract
referred to in section 6 of this chapter, the county treasurer shall:
(1) give the notice required by IC 6-1.1-22-4; and
(2) mail or transmit reconciling statements under section 12
of this chapter.
Sec. 12. (a) Except as provided by subsection (c), each
reconciling statement must indicate:
(1) the actual property tax liability under this article on the
assessment determined for the assessment date for the
property for which the reconciling statement is issued;
(2) the total amount paid under the provisional statement for
the property for which the reconciling statement is issued;
(3) if the amount under subdivision (1) exceeds the amount
under subdivision (2), that the excess is payable by the
taxpayer:
(A) as a final reconciliation of the tax liability; and
(B) not later than:
(i) thirty (30) days after the date of the reconciling
statement; or
(ii) if the county treasurer requests in writing that the
commissioner designate a later date, the date designated
by the commissioner; and
(4) if the amount under subdivision (2) exceeds the amount
under subdivision (1), that the taxpayer may claim a refund
of the excess under IC 6-1.1-26.
(b) If, upon receipt of the abstract referred to in section 6 of this
chapter, the county treasurer determines that it is possible to
complete the:
(1) preparation; and
(2) mailing or transmittal;
of the reconciling statement at least thirty (30) days before the due
date of the November installment specified in the provisional
statement, the county treasurer may request in writing that the
department of local government finance permit the county
treasurer to issue a reconciling statement that adjusts the amount
of the November installment that was specified in the provisional
statement. If the department approves the county treasurer's
request, the county treasurer shall prepare and mail or transmit
the reconciling statement at least thirty (30) days before the due
date of the November installment specified in the provisional
statement.
(c) A reconciling statement prepared under subsection (b) must
indicate:
(1) the actual property tax liability under this article on the
assessment determined for the assessment date for the
property for which the reconciling statement is issued;
(2) the total amount of the May installment paid under the
provisional statement for the property for which the
reconciling statement is issued;
(3) if the amount under subdivision (1) exceeds the amount
under subdivision (2), the adjusted amount of the November
installment that is payable by the taxpayer:
(A) as a final reconciliation of the tax liability; and
(B) not later than:
(i) November 10; or
(ii) if the county treasurer requests in writing that the
commissioner designate a later date, the date designated
by the commissioner; and
(4) if the amount under subdivision (2) exceeds the amount
under subdivision (1), that the taxpayer may claim a refund
of the excess under IC 6-1.1-26.
Sec. 13. Taxpayers shall make all payments under this chapter
to the county treasurer. The board of county commissioners may
authorize the county treasurer to open temporary offices to receive
payments under this chapter in municipalities in the county other
than the county seat.
Sec. 14. Not later than sixty (60) days after the due date of a
provisional or reconciling statement under this chapter, the county
auditor shall:
(1) file with the auditor of state a report of settlement; and
(2) distribute tax collections to the appropriate taxing units.
Sec. 15. If a county auditor fails to make a distribution of tax
collections under section 14 of this chapter, a taxing unit that was
to receive a distribution may recover interest on the undistributed
tax collections at the same rate and in the same manner that
interest may be recovered under IC 6-1.1-27-1(b).
Sec. 16. IC 6-1.1-15:
(1) does not apply to a provisional statement; and
(2) applies to a reconciling statement.
Sec. 17. IC 6-1.1-37-10 applies to:
(1) a provisional statement; and
(2) a reconciling statement;
in the same manner that IC 6-1.1-37-10 applies to an installment of
property taxes.
Sec. 18. For purposes of IC 6-1.1-24-1(a)(1):
(1) the May installment on a provisional statement is
considered to be the taxpayer's spring installment of property
taxes;
(2) except as provided in subdivision (3), payment on a
reconciling statement is considered to be due before the due
date of the May installment of property taxes payable in the
following year; and
(3) payment on a reconciling statement described in section
12(b) of this chapter is considered to be the taxpayer's fall
installment of property taxes.
Sec. 19. The other provisions of this article supplement the
provisions of this chapter concerning the collection of property
taxes.
Sec. 20. For purposes of a provisional statement under this
chapter, the department of local government finance may adopt
emergency rules under IC 4-22-2-37.1 to provide a methodology
for a county treasurer to issue provisional statements with respect
to real property, taking into account new construction of
improvements placed on the real property, damage, and other
losses related to the real property:
(1) after March 1 of the year preceding the assessment date to
which the provisional statement applies; and
(2) before the assessment date to which the provisional
statement applies.
government finance shall provide for:
(1) the classification of land on the basis of:
(i) (A) acreage;
(ii) (B) lots;
(iii) (C) size;
(iv) (D) location;
(v) (E) use;
(vi) (F) productivity or earning capacity;
(vii) (G) applicable zoning provisions;
(viii) (H) accessibility to highways, sewers, and other public
services or facilities; and
(ix) (I) any other factor that the department determines by rule
is just and proper; and
(2) the classification of improvements on the basis of:
(i) (A) size;
(ii) (B) location;
(iii) (C) use;
(iv) (D) type and character of construction;
(v) (E) age;
(vi) (F) condition;
(vii) (G) cost of reproduction; and
(viii) (H) any other factor that the department determines by
rule is just and proper.
(b) With respect to the assessment of real property, the rules of the
department of local government finance shall include instructions for
determining:
(1) the proper classification of real property;
(2) the size of real property;
(3) the effects that location and use have on the value of real
property;
(4) the depreciation, including physical deterioration and
obsolescence, of real property;
(5) the cost of reproducing improvements;
(6) the productivity or earning capacity of:
(A) agricultural land; and
(B) real property regularly used to rent or otherwise
furnish residential accommodations for periods of thirty
(30) days or more;
(7) sales data for generally comparable properties; and
(7) (8) the true tax value of real property based on the factors
listed in this subsection and any other factor that the department
determines by rule is just and proper.
assessor and each elected assessor must be a certified who has not
attained the certification of a "level two" assessor-appraiser under
IC 6-1.1-35.5 or must employ at least one (1) certified "level two"
assessor-appraiser. Each
(b) To qualify to serve as an elected county assessor, a township
assessor, or an elected trustee-assessor is expected to attain the
certification of after December 31, 2005, the assessing official must
be certified as a "level one" assessor-appraiser or a "level two"
assessor-appraiser.
(c) To continue to serve as an elected county assessor, a
township assessor, or an elected trustee-assessor after the later of:
(1) December 31, 2006; or
(2) a date that is one (1) year after the person begins to serve
the person's initial term in any office as an elected assessing
official;
the assessing official must be certified as a "level two"
assessor-appraiser. An assessing official who does not comply with
this subsection forfeits the assessor's or trustee-assessor's office.
(d) A person who fills a vacancy in the office of county assessor,
township assessor, or trustee-assessor is subject to the
requirements of this section.
prescribed in subsection (d);
whichever occurs first.
(g) A taxpayer is not subject to the payment of interest on real
property assessments under subsection (b) or (c) if:
(1) an assessment is made or increased after the date or dates on
which the taxes for the year for which the assessment is made
were due;
(2) the assessment or the assessment increase is made as the result
of error or neglect by the assessor or by any other official
involved with the assessment of property or the collection of
property taxes; and
(3) the assessment:
(A) would have been made on the normal assessment date if
the error or neglect had not occurred; or
(B) increase would have been included in the assessment on
the normal annual assessment date if the error or neglect had
not occurred.
the date so established.
(b) (e) If any due date falls on a Saturday, a Sunday, a national legal
holiday recognized by the federal government, or a statewide holiday,
the act that must be performed by that date is timely if performed by
the next succeeding day that is not a Saturday, a Sunday, or one (1) of
those holidays.
(c) (f) A payment to the county treasurer is considered to have been
paid by the due date if the payment is:
(1) received on or before the due date to the county treasurer or a
collecting agent appointed by the county treasurer;
(2) deposited in the United States mail:
(A) properly addressed to the principal office of the county
treasurer;
(B) with sufficient postage; and
(C) certified or postmarked by the United States Postal Service
as mailed on or before the due date; or
(3) deposited with a nationally recognized express parcel carrier
and is:
(A) properly addressed to the principal office of the county
treasurer; and
(B) verified by the express parcel carrier as:
(i) paid in full for final delivery; and
(ii) received on or before the due date.
For purposes of this subsection, "postmarked" does not mean the date
printed by a postage meter that affixes postage to the envelope or
package containing a payment.
had the additional credit described in this section not been
given.
The additional credit reduces the amount of proceeds allocated to the
economic development district and paid into a special fund under
section 5(a) of this chapter.
(b) If the additional credit under subsection (a) is not reduced under
subsection (c) or (d), the credit for property tax replacement under
IC 6-1.1-21-5 and the additional credit under subsection (a) shall be
computed on an aggregate basis for all taxpayers in a taxing district
that contains all or part of an additional area. The credit for property
tax replacement under IC 6-1.1-21-5 and the additional credit under
subsection (a) shall be combined on the tax statements sent to each
taxpayer.
(c) The county fiscal body may, by ordinance, provide that the
additional credit described in subsection (a):
(1) does not apply in a specified additional area; or
(2) is to be reduced by a uniform percentage for all taxpayers in
a specified additional area.
(d) Whenever the county fiscal body determines that granting the
full additional credit under subsection (a) would adversely affect the
interests of the holders of bonds or other contractual obligations that
are payable from allocated tax proceeds in that economic development
district in a way that would create a reasonable expectation that those
bonds or other contractual obligations would not be paid when due, the
county fiscal body must adopt an ordinance under subsection (c) to
deny the additional credit or reduce the additional credit to a level that
creates a reasonable expectation that the bonds or other obligations will
be paid when due. An ordinance adopted under subsection (c) denies
or reduces the additional credit for taxes (as defined in IC 6-1.1-21-2)
first due and payable in any year following the year in which the
ordinance is adopted.
(e) An ordinance adopted under subsection (c) remains in effect
until the ordinance is rescinded by the body that originally adopted the
ordinance. However, an ordinance may not be rescinded if the
rescission would adversely affect the interests of the holders of bonds
or other obligations that are payable from allocated tax proceeds in that
economic development district in a way that would create a reasonable
expectation that the principal of or interest on the bonds or other
obligations would not be paid when due. If an ordinance is rescinded
and no other ordinance is adopted, the additional credit described in
subsection (a) applies to taxes (as defined in IC 6-1.1-21-2) first due
and payable in each year following the year in which the resolution is
rescinded.
(f) If property tax installments are due in installments
established by the department of local government finance under
IC 6-1.1-22-9.5, each taxpayer subject to those installments in an
additional area is entitled to an additional credit under subsection
(a) for the taxes (as defined in IC 6-1.1-21-2) due in installments.
The credit shall be applied in the same proportion to each
installment of taxes (as defined in IC 6-1.1-21-2).
filing a deduction application under subsections (a) and (b) with each
notice to a property owner of an addition to assessed value or of a new
assessment.
defined in Section 62 of the Internal Revenue Code) for that
taxable year that is subject to a tax that is imposed by a
political subdivision of another state and that is imposed on or
measured by income; or
(B) two thousand dollars ($2,000).
(7) Add an amount equal to the total capital gain portion of a
lump sum distribution (as defined in Section 402(e)(4)(D) of the
Internal Revenue Code) if the lump sum distribution is received
by the individual during the taxable year and if the capital gain
portion of the distribution is taxed in the manner provided in
Section 402 of the Internal Revenue Code.
(8) Subtract any amounts included in federal adjusted gross
income under Section 111 of the Internal Revenue Code as a
recovery of items previously deducted as an itemized deduction
from adjusted gross income.
(9) Subtract any amounts included in federal adjusted gross
income under the Internal Revenue Code which amounts were
received by the individual as supplemental railroad retirement
annuities under 45 U.S.C. 231 and which are not deductible under
subdivision (1).
(10) Add an amount equal to the deduction allowed under Section
221 of the Internal Revenue Code for married couples filing joint
returns if the taxable year began before January 1, 1987.
(11) Add an amount equal to the interest excluded from federal
gross income by the individual for the taxable year under Section
128 of the Internal Revenue Code if the taxable year began before
January 1, 1985.
(12) Subtract an amount equal to the amount of federal Social
Security and Railroad Retirement benefits included in a taxpayer's
federal gross income by Section 86 of the Internal Revenue Code.
(13) In the case of a nonresident taxpayer or a resident taxpayer
residing in Indiana for a period of less than the taxpayer's entire
taxable year, the total amount of the deductions allowed pursuant
to subdivisions (3), (4), (5), and (6) shall be reduced to an amount
which bears the same ratio to the total as the taxpayer's income
taxable in Indiana bears to the taxpayer's total income.
(14) In the case of an individual who is a recipient of assistance
under IC 12-10-6-1, IC 12-10-6-2, IC 12-10-6-2.1, IC 12-15-2-2,
or IC 12-15-7, subtract an amount equal to that portion of the
individual's adjusted gross income with respect to which the
individual is not allowed under federal law to retain an amount to
pay state and local income taxes.
Revenue Code.
(5) Add or subtract the amount necessary to make the adjusted
gross income of any taxpayer that owns property for which bonus
depreciation was allowed in the current taxable year or in an
earlier taxable year equal to the amount of adjusted gross income
that would have been computed had an election not been made
under Section 168(k)(2)(C)(iii) of the Internal Revenue Code to
apply bonus depreciation to the property in the year that it was
placed in service.
(c) In the case of life insurance companies (as defined in Section
816(a) of the Internal Revenue Code) that are organized under Indiana
law, the same as "life insurance company taxable income" (as defined
in Section 801 of the Internal Revenue Code), adjusted as follows:
(1) Subtract income that is exempt from taxation under this article
by the Constitution and statutes of the United States.
(2) Add an amount equal to any deduction allowed or allowable
under Section 170 of the Internal Revenue Code.
(3) Add an amount equal to a deduction allowed or allowable
under Section 805 or Section 831(c) of the Internal Revenue Code
for taxes based on or measured by income and levied at the state
level by any state.
(4) Subtract an amount equal to the amount included in the
company's taxable income under Section 78 of the Internal
Revenue Code.
(5) Add or subtract the amount necessary to make the adjusted
gross income of any taxpayer that owns property for which bonus
depreciation was allowed in the current taxable year or in an
earlier taxable year equal to the amount of adjusted gross income
that would have been computed had an election not been made
under Section 168(k)(2)(C)(iii) of the Internal Revenue Code to
apply bonus depreciation to the property in the year that it was
placed in service.
(d) In the case of insurance companies subject to tax under Section
831 of the Internal Revenue Code and organized under Indiana law, the
same as "taxable income" (as defined in Section 832 of the Internal
Revenue Code), adjusted as follows:
(1) Subtract income that is exempt from taxation under this article
by the Constitution and statutes of the United States.
(2) Add an amount equal to any deduction allowed or allowable
under Section 170 of the Internal Revenue Code.
(3) Add an amount equal to a deduction allowed or allowable
under Section 805 or Section 831(c) of the Internal Revenue Code
for taxes based on or measured by income and levied at the state
level by any state.
(4) Subtract an amount equal to the amount included in the
company's taxable income under Section 78 of the Internal
Revenue Code.
(5) Add or subtract the amount necessary to make the adjusted
gross income of any taxpayer that owns property for which bonus
depreciation was allowed in the current taxable year or in an
earlier taxable year equal to the amount of adjusted gross income
that would have been computed had an election not been made
under Section 168(k)(2)(C)(iii) of the Internal Revenue Code to
apply bonus depreciation to the property in the year that it was
placed in service.
(e) In the case of trusts and estates, "taxable income" (as defined for
trusts and estates in Section 641(b) of the Internal Revenue Code)
adjusted as follows:
(1) Subtract income that is exempt from taxation under this article
by the Constitution and statutes of the United States.
(2) Subtract an amount equal to the amount of a September 11
terrorist attack settlement payment included in the federal
adjusted gross income of the estate of a victim of the September
11 terrorist attack or a trust to the extent the trust benefits a victim
of the September 11 terrorist attack.
(3) Add or subtract the amount necessary to make the adjusted
gross income of any taxpayer that owns property for which bonus
depreciation was allowed in the current taxable year or in an
earlier taxable year equal to the amount of adjusted gross income
that would have been computed had an election not been made
under Section 168(k)(2)(C)(iii) of the Internal Revenue Code to
apply bonus depreciation to the property in the year that it was
placed in service.
(f) This subsection applies only to the extent that an individual
paid property taxes in 2004 that were imposed for the March 1,
2002, assessment date or the January 15, 2003, assessment date.
The maximum amount of the deduction under subsection (a)(17) is
equal to the amount determined under STEP FIVE of the following
formula:
STEP ONE: Determine the amount of property taxes that the
taxpayer paid after December 31, 2003, in the taxable year for
property taxes imposed for the March 1, 2002, assessment
date and the January 15, 2003, assessment date.
STEP TWO: Determine the amount of property taxes that the
taxpayer paid in the taxable year for the March 1, 2003,
assessment date and the January 15, 2004, assessment date.
STEP THREE: Determine the result of the STEP ONE
amount divided by the STEP TWO amount.
STEP FOUR: Multiply the STEP THREE amount by two
thousand five hundred dollars ($2,500).
STEP FIVE: Determine the sum of the STEP THREE amount
and two thousand five hundred dollars ($2,500).
and
(2) combined on the tax statement sent to each taxpayer.
(c) Concurrently with the mailing or other delivery of the tax
statement or any corrected tax statement to each taxpayer, as required
by IC 6-1.1-22-8(a), each county treasurer shall for each tax statement
also deliver to each taxpayer in an airport development zone who is
entitled to the additional credit under subsection (a) a notice of
additional credit. The actual dollar amount of the credit, the taxpayer's
name and address, and the tax statement to which the credit applies
shall be stated on the notice.
(d) If property tax installments are due in installments
established by the department of local government finance under
IC 6-1.1-22-9.5, each taxpayer subject to those installments in an
airport development zone is entitled to an additional credit under
subsection (a) for the taxes (as defined in IC 6-1.1-21-2) due in
installments. The credit shall be applied in the same proportion to
each installment of taxes (as defined in IC 6-1.1-21-2).
of local government finance shall compute the maximum rate permitted
under subsection (a) as follows:
STEP ONE: Determine the maximum rate for the year preceding
the year in which the annual adjustment or general reassessment
takes effect.
STEP TWO: Determine the actual percentage increase (rounded
to the nearest one-hundredth percent (0.01%)) in the assessed
value (before the adjustment, if any, under IC 6-1.1-4-4.5) of
the taxable property from the year preceding the year the annual
adjustment or general reassessment takes effect to the year that
the annual adjustment or general reassessment is effective.
STEP THREE: Determine the three (3) calendar years that
immediately precede the ensuing calendar year and in which a
statewide general reassessment of real property does not first
become effective.
STEP FOUR: Compute separately, for each of the calendar years
determined in STEP THREE, the actual percentage increase
(rounded to the nearest one-hundredth percent (0.01%)) in the
assessed value (before the adjustment, if any, under
IC 6-1.1-4-4.5) of the taxable property from the preceding year.
STEP FIVE: Divide the sum of the three (3) quotients computed
in STEP FOUR by three (3).
STEP SIX: Determine the greater of the following:
(A) Zero (0).
(B) The result of the STEP TWO percentage minus the STEP
FIVE percentage.
STEP SEVEN: Determine the quotient of:
(A) the STEP ONE tax rate; divided by
(B) one (1) plus the STEP SIX percentage increase.
This maximum rate is the maximum rate under this section until a new
maximum rate is computed under this subsection for the next year in
which an annual adjustment under IC 6-1.1-4-4.5 or a general
reassessment of property will take effect.
(c) With respect to a county to which subsection (b) does not
apply, the maximum tax rate permitted under subsection (a) for
taxes first due and payable after 2003 is the maximum tax rate that
would have been determined under subsection (d) for taxes first
due and payable in 2003 if subsection (d) had applied to the county
for taxes first due and payable in 2003.
(d) This subsection applies only to a county to which subsection
(b) does not apply. The tax rate permitted under subsection (a) for
taxes first due and payable after calendar year 2004 is the tax rate
permitted under subsection (c) as adjusted under this subsection.
For each year in which an annual adjustment of the assessed value
of real property will take effect under IC 6-1.1-4-4.5 or a general
reassessment of property will take effect, the department of local
government finance shall compute the maximum rate permitted
under subsection (a) as follows:
STEP ONE: Determine the maximum rate for the year
preceding the year in which the annual adjustment or general
reassessment takes effect.
STEP TWO: Determine the actual percentage increase
(rounded to the nearest one-hundredth percent (0.01%)) in
the assessed value (before the adjustment, if any, under
IC 6-1.1-4-4.5) of the taxable property from the year
preceding the year the annual adjustment or general
reassessment takes effect to the year that the annual
adjustment or general reassessment is effective.
STEP THREE: Determine the three (3) calendar years that
immediately precede the ensuing calendar year and in which
a statewide general reassessment of real property does not
first become effective.
STEP FOUR: Compute separately, for each of the calendar
years determined under STEP THREE, the actual percentage
increase (rounded to the nearest one-hundredth percent
(0.01%)) in the assessed value (before the adjustment, if any,
under IC 6-1.1-4-4.5) of the taxable property from the
preceding year.
STEP FIVE: Divide the sum of the three (3) quotients
computed under STEP FOUR by three (3).
STEP SIX: Determine the greater of the following:
(A) Zero (0).
(B) The result of the STEP TWO percentage minus the
STEP FIVE percentage.
STEP SEVEN: Determine the quotient of:
(A) the STEP ONE tax rate; divided by
(B) one (1) plus the STEP SIX percentage increase.
This maximum rate is the maximum rate under this section until
a new maximum rate is computed under this subsection for the
next year in which an annual adjustment under IC 6-1.1-4-4.5 or
a general reassessment of property will take effect.
represents the county's absolute proportional share of each center's total
operating budget.
(b) If the proportional share is less than the four cent ($0.04)
requirement in amount of property taxes raised under the tax rate
required under section 2 of this chapter, the county shall appropriate
only the maximum appropriation amount.
(c) If the proportional share is more than the four cent ($0.04)
requirement in amount of property taxes raised under the tax rate
required under section 2 of this chapter, the county:
(1) shall satisfy the four cent ($0.04) equivalent appropriation
appropriate that amount; and
(2) may appropriate an additional amount in excess of the four
cent ($0.04) equivalent appropriation up to an amount added to
the four cent ($0.04) equivalent appropriation that would equal a
ten cent ($0.10) equivalent appropriation. the amount of
property taxes raised by a tax rate of three and one-third
cents ($0.03 1/3).
federal instrumentality and fully guaranteed by the United States;
(3) in bonds, notes, certificates and other valid obligations of any
state of the United States or of any county, township, city, town
or other political subdivision of the state of Indiana which are
issued pursuant to law, the issuers of which, for five (5) years
prior to the date of such investment, have promptly paid the
principal and interest on their bonds and other legal obligations
in lawful money of the United States; or
(4) bonds, notes, or other securities issued by the Indiana
bond bank and described in IC 5-13-10.5-11(3).
When it shall occur in any county of this state not having elected to
surrender custody of any part of the common and permanent
endowment funds to the state, that there is an insufficient amount of
said funds held in trust in such county and unloaned, when added to the
amount of congressional fund then held in trust and unloaned, as shown
by a report of the auditor and treasurer of the county, to make all loans
for which the county auditor has applications, upon petition of the
board of commissioners of any such county, the state board of finance
may allocate to the county making application therefor such amount as
the said state board of finance may deem necessary.
corporation in STEP ONE of the formula in section 6.7(e) of this
chapter.
STEP TWO: This STEP applies only if the amount determined in
STEP EIGHT of the formula in section 6.7(e) of this chapter
minus the STEP ONE result is greater than zero (0). Determine
the result under clause (E) of the following formula:
(A) Divide the school corporation's assessed valuation by the
school corporation's current ADM.
(B) Divide the clause (A) result by ten thousand (10,000).
(C) Determine the greater of the following:
(i) The clause (B) result.
(ii) Forty-three dollars and sixty-five cents ($43.65).
(D) Determine the result determined under item (ii) of the
following formula:
(i) Subtract the STEP ONE result from the amount
determined in STEP EIGHT of the formula in section 6.7(e)
of this chapter.
(ii) Divide the item (i) result by the school corporation's
current ADM.
(E) Divide the clause (D) result by the clause (C) result.
(F) Divide the clause (E) result by one hundred (100).
STEP THREE: This STEP applies only if the amount determined
in STEP EIGHT of the formula in section 6.7(e) of this chapter is
equal to the STEP ONE result and the result of clause (A) is
greater than zero (0). Determine the result under clause (G) of the
following formula:
(A) Add the following:
(i) An amount equal to the annual decrease in federal aid to
impacted areas from the year preceding the ensuing calendar
year by three (3) years to the year preceding the ensuing
calendar year by two (2) years.
(ii) The part of the maximum general fund levy for the year
that equals the original amount of the levy imposed by the
school corporation to cover the costs of opening a new
school facility during the preceding year.
(B) Divide the clause (A) result by the school corporation's
current ADM.
(C) Divide the school corporation's assessed valuation by the
school corporation's current ADM.
(D) Divide the clause (C) result by ten thousand (10,000).
(E) Determine the greater of the following:
(i) The clause (D) result.
amount (as defined in IC 6-1.1-21-2) for that year as
determined under IC 6-1.1-21-4 that is attributable to the
taxing district; by
(B) the STEP ONE sum.
STEP THREE: Multiply:
(A) the STEP TWO quotient; times
(B) the total amount of the taxpayer's taxes (as defined in
IC 6-1.1-21-2) levied in the taxing district that would have
been allocated to an allocation fund under section 39 of this
chapter had the additional credit described in this section not
been given.
The additional credit reduces the amount of proceeds allocated to the
redevelopment district and paid into an allocation fund under section
39(b)(2) of this chapter.
(d) If the additional credit under subsection (c) is not reduced under
subsection (e) or (f), the credit for property tax replacement under
IC 6-1.1-21-5 and the additional credit under subsection (c) shall be
computed on an aggregate basis for all taxpayers in a taxing district
that contains all or part of an allocation area. The credit for property tax
replacement under IC 6-1.1-21-5 and the additional credit under
subsection (c) shall be combined on the tax statements sent to each
taxpayer.
(e) Upon the recommendation of the redevelopment commission,
the municipal legislative body (in the case of a redevelopment
commission established by a municipality) or the county executive (in
the case of a redevelopment commission established by a county) may,
by resolution, provide that the additional credit described in subsection
(c):
(1) does not apply in a specified allocation area; or
(2) is to be reduced by a uniform percentage for all taxpayers in
a specified allocation area.
(f) Whenever the municipal legislative body or county executive
determines that granting the full additional credit under subsection (c)
would adversely affect the interests of the holders of bonds or other
contractual obligations that are payable from allocated tax proceeds in
that allocation area in a way that would create a reasonable expectation
that those bonds or other contractual obligations would not be paid
when due, the municipal legislative body or county executive must
adopt a resolution under subsection (e) to deny the additional credit or
reduce it to a level that creates a reasonable expectation that the bonds
or other obligations will be paid when due. A resolution adopted under
subsection (e) denies or reduces the additional credit for property taxes
first due and payable in the allocation area in any year following the
year in which the resolution is adopted.
(g) A resolution adopted under subsection (e) remains in effect until
it is rescinded by the body that originally adopted it. However, a
resolution may not be rescinded if the rescission would adversely affect
the interests of the holders of bonds or other obligations that are
payable from allocated tax proceeds in that allocation area in a way that
would create a reasonable expectation that the principal of or interest
on the bonds or other obligations would not be paid when due. If a
resolution is rescinded and no other resolution is adopted, the
additional credit described in subsection (c) applies to property taxes
first due and payable in the allocation area in each year following the
year in which the resolution is rescinded.
(h) If property tax installments are due in installments
established by the department of local government finance under
IC 6-1.1-22-9.5, each taxpayer subject to those installments in an
allocation area is entitled to an additional credit under subsection
(c) for the taxes (as defined in IC 6-1.1-21-2) due in installments.
The credit shall be applied in the same proportion to each
installment of taxes (as defined in IC 6-1.1-21-2).
make a determination by June 15 of whether full or partial
credits are payable under this subsection.
(7) An appeal of a determination must be filed not later than thirty
(30) days after the publication of the determination.
(8) An appeal of a failure by the fiscal officer of the consolidated
city to make a determination of whether the credits are payable
under this subsection must be filed by July 15 of the year in which
the determination should have been made.
(9) All appeals under subdivision (6) shall be decided by the court
within sixty (60) days.
(h) This subsection applies to an allocation area if allocated taxes
from that area were pledged to bonds, leases, or other obligations of the
commission before May 8, 1989. A credit calculated using the method
in subsection (e) and in subdivision (2) may be granted under this
subsection. The following apply to the credit granted under this
subsection:
(1) The credit is applicable to property taxes first due and payable
in 1991.
(2) For purposes of this subsection, the amount of a credit for
1990 taxes payable in 1991 with respect to an affected taxpayer
is equal to:
(A) the amount of the quotient determined under STEP TWO
of subsection (e); multiplied by
(B) the total amount of the property taxes payable by the
taxpayer that were allocated in 1991 to the allocation area
special fund under section 26 of this chapter.
(3) Before June 15, 1991, the fiscal officer of the consolidated
city shall determine and certify an estimate of the aggregate
amount of credits for 1990 taxes payable in 1991 if the full credits
are granted.
(4) The fiscal officer of the consolidated city shall determine
whether the granting of the full amounts of the credits for 1990
taxes payable in 1991 against 1991 taxes payable in 1992 and the
granting of credits under subsection (g) would impair any contract
with or otherwise adversely affect the owners of outstanding
bonds payable from the allocation area special fund for an
allocation area described in subsection (g).
(5) If the fiscal officer of the consolidated city determines that
there would not be an impairment or adverse effect under
subdivision (4):
(A) the fiscal officer shall certify that determination; and
(B) the full credits shall be applied against 1991 taxes payable
in 1992 or the amount of the credits shall be paid to the
taxpayers as provided in subdivision (12), subject to the
determinations and certifications made under section 26.7(b)
of this chapter.
(6) If the fiscal officer of the consolidated city makes an adverse
determination under subdivision (4), the fiscal officer shall
determine whether there is an amount of partial credits for 1990
taxes payable in 1991 that, if granted against 1991 taxes payable
in 1992 in addition to granting of the credits under subsection (g),
would not result in the impairment or adverse effect.
(7) If the fiscal officer of the consolidated city determines under
subdivision (6) that there is an amount of partial credits that
would not result in the impairment or adverse effect, the fiscal
officer shall determine the amount of partial credits and certify
that determination.
(8) If the fiscal officer of the consolidated city certifies under
subdivision (7) that partial credits may be paid, the partial credits
shall be applied pro rata among all affected taxpayers against
1991 taxes payable in 1992.
(9) An affected taxpayer may appeal any of the following to the
circuit or superior court of the county in which the allocation area
is located:
(A) A determination by the fiscal officer of the consolidated
city that:
(i) credits may not be paid for 1990 taxes payable in 1991;
or
(ii) only partial credits may be paid for 1990 taxes payable
in 1991.
(B) A failure by the fiscal officer of the consolidated city to
make a determination by June 15, 1991, of whether credits are
payable under this subsection.
(10) An appeal of a determination must be filed not later than
thirty (30) days after the publication of the determination. Any
such appeal shall be decided by the court within sixty (60) days.
(11) An appeal of a failure by the fiscal officer of the consolidated
city to make a determination of whether credits are payable under
this subsection must be filed by July 15, 1991. Any such appeal
shall be decided by the court within sixty (60) days.
(12) If 1991 taxes payable in 1992 with respect to a parcel are
billed to the same taxpayer to which 1990 taxes payable in 1991
were billed, the county treasurer shall apply to the tax bill for
1991 taxes payable in 1992 both the credit provided under
subsection (g) and the credit provided under this subsection,
along with any credit determined to be applicable to the tax bill
under subsection (i). In the alternative, at the election of the
county auditor, the county may pay to the taxpayer the amount of
the credit by May 10, 1992, and the amount shall be charged to
the taxing units in which the allocation area is located in the
proportion of the taxing units' respective tax rates for 1990 taxes
payable in 1991.
(13) If 1991 taxes payable in 1992 with respect to a parcel are
billed to a taxpayer other than the taxpayer to which 1990 taxes
payable in 1991 were billed, the county treasurer shall do the
following:
(A) Apply only the credits under subsections (g) and (i) to the
tax bill for 1991 taxes payable in 1992.
(B) Give notice by June 30, 1991, by publication two (2) times
in three (3) newspapers in the county with the largest
circulation of the availability of a refund of the credit under
this subsection.
A taxpayer entitled to a credit must file an application for refund
of the credit with the county auditor not later than November 30,
1991.
(14) A taxpayer who files an application by November 30, 1991,
is entitled to payment from the county treasurer in an amount that
is in the same proportion to the credit provided under this
subsection with respect to a parcel as the amount of 1990 taxes
payable in 1991 paid by the taxpayer with respect to the parcel
bears to the 1990 taxes payable in 1991 with respect to the parcel.
This amount shall be paid to the taxpayer by May 10, 1992, and
shall be charged to the taxing units in which the allocation area is
located in the proportion of the taxing units' respective tax rates
for 1990 taxes payable in 1991.
(i) This subsection applies to an allocation area if allocated taxes
from that area were pledged to bonds, leases, or other obligations of the
commission before May 8, 1989. The following apply to the credit
granted under this subsection:
(1) A prior year credit is applicable to property taxes first due and
payable in each year from 1987 through 1990 (the "prior years").
(2) The credit for each prior year is equal to:
(A) the amount of the quotient determined under STEP TWO
of subsection (e) for the prior year; multiplied by
(B) the total amount of the property taxes paid by the taxpayer
that were allocated in the prior year to the allocation area
special fund under section 26 of this chapter.
(3) Before January 31, 1992, the county auditor shall determine
the amount of credits under subdivision (2) with respect to each
parcel in the allocation area for all prior years with respect to
which:
(A) taxes were billed to the same taxpayer for taxes payable in
each year from 1987 through 1991; or
(B) an application was filed by November 30, 1991, under
subdivision (8) for refund of the credits for prior years.
A report of the determination by parcel shall be sent by the county
auditor to the department of local government finance and the
budget agency within five (5) days of such determination.
(4) Before January 31, 1992, the county auditor shall determine
the quotient of the amounts determined under subdivision (3) with
respect to each parcel divided by six (6).
(5) Before January 31, 1992, the county auditor shall determine
the quotient of the aggregate amounts determined under
subdivision (3) with respect to all parcels divided by twelve (12).
(6) Except as provided in subdivisions (7) and (9), in each year in
which credits from prior years remain unpaid, credits for the prior
years in the amounts determined under subdivision (4) shall be
applied as provided in this subsection.
(7) If taxes payable in the current year with respect to a parcel are
billed to the same taxpayer to which taxes payable in all of the
prior years were billed and if the amount determined under
subdivision (3) with respect to the parcel is at least five hundred
dollars ($500), the county treasurer shall apply the credits
provided for the current year under subsections (g) and (h) and
the credit in the amount determined under subdivision (4) to the
tax bill for taxes payable in the current year. However, if the
amount determined under subdivision (3) with respect to the
parcel is less than five hundred dollars ($500) (referred to in this
subdivision as "small claims"), the county may, at the election of
the county auditor, either apply a credit in the amount determined
under subdivision (3) or (4) to the tax bill for taxes payable in the
current year or pay either amount to the taxpayer. If title to a
parcel transfers in a year in which a credit under this subsection
is applied to the tax bill, the transferor may file an application
with the county auditor within thirty (30) days of the date of the
transfer of title to the parcel for payments to the transferor at the
same times and in the same amounts that would have been
allowed as credits to the transferor under this subsection if there
had not been a transfer. If a determination is made by the county
auditor to refund or credit small claims in the amounts determined
under subdivision (3) in 1992, the county auditor may make
appropriate adjustments to the credits applied with respect to
other parcels so that the total refunds and credits in any year will
not exceed the payments made from the state property tax
replacement fund to the prior year credit fund referred to in
subdivision (11) in that year.
(8) If taxes payable in the current year with respect to a parcel are
billed to a taxpayer that is not a taxpayer to which taxes payable
in all of the prior years were billed, the county treasurer shall do
the following:
(A) Apply only the credits under subsections (g) and (h) to the
tax bill for taxes payable in the current year.
(B) Give notice by June 30, 1991, by publication two (2) times
in three (3) newspapers in the county with the largest
circulation of the availability of a refund of the credit.
A taxpayer entitled to the credit must file an application for
refund of the credit with the county auditor not later than
November 30, 1991. A refund shall be paid to an eligible
applicant by May 10, 1992.
(9) A taxpayer who filed an application by November 30, 1991,
is entitled to payment from the county treasurer under subdivision
(8) in an amount that is in the same proportion to the credit
determined under subdivision (3) with respect to a parcel as the
amount of taxes payable in the prior years paid by the taxpayer
with respect to the parcel bears to the taxes payable in the prior
years with respect to the parcel.
(10) In each year on May 1 and November 1, the state shall pay
to the county treasurer from the state property tax replacement
fund the amount determined under subdivision (5).
(11) All payments received from the state under subdivision (10)
shall be deposited into a special fund to be known as the prior
year credit fund. The prior year credit fund shall be used to make:
(A) payments under subdivisions (7) and (9); and
(B) deposits into the special fund for the application of prior
year credits.
(12) All amounts paid into the special fund for the allocation area
under subdivision (11) are subject to any pledge of allocated
property tax proceeds made by the redevelopment district under
section 26(d) of this chapter, including but not limited to any
pledge made to owners of outstanding bonds of the
redevelopment district of allocated taxes from that area.
(13) By January 15, 1993, and by January 15 of each year
thereafter, the county auditor shall send to the department of local
government finance and the budget agency a report of the
receipts, earnings, and disbursements of the prior year credit fund
for the prior calendar year. If in the final year that credits under
this subsection (i) are allowed any balance remains in the prior
year credit fund after the payment of all credits payable under this
subsection, such balance shall be repaid to the treasurer of state
for deposit in the property tax replacement fund.
(14) In each year, the county shall limit the total of all refunds and
credits provided for in this subsection to the total amount paid in
that year from the property tax replacement fund into the prior
year credit fund and any balance remaining from the preceding
year in the prior year credit fund.
(j) If property tax installments are due in installments
established by the department of local government finance under
IC 6-1.1-22-9.5, each taxpayer subject to those installments in an
allocation area is entitled to an additional credit under subsection
(e) for the taxes (as defined in IC 6-1.1-21-2) due in installments.
The credit shall be applied in the same proportion to each
installment of taxes (as defined in IC 6-1.1-21-2).
subsection (g), one-half (1/2) of the credit shall be applied to each
installment of taxes (as defined in IC 6-1.1-21-2). The commission
must provide for the credit annually by a resolution and must find in
the resolution the following:
(1) That the money to be collected and deposited in the allocation
fund, based upon historical collection rates, after granting the
credit will equal the amounts payable for contractual obligations
from the fund, plus ten percent (10%) of those amounts.
(2) If bonds payable from the fund are outstanding, that there is
a debt service reserve for the bonds that at least equals the amount
of the credit to be granted.
(3) If bonds of a lessor under section 17.1 of this chapter or under
IC 36-1-10 are outstanding and if lease rentals are payable from
the fund, that there is a debt service reserve for those bonds that
at least equals the amount of the credit to be granted.
If the tax increment is insufficient to grant the credit in full, the
commission may grant the credit in part, prorated among all taxpayers.
(e) Notwithstanding section 26(b) of this chapter, the special fund
established under section 26(b) of this chapter for the allocation area
for a program adopted under section 32 of this chapter may only be
used to do one (1) or more of the following:
(1) Accomplish one (1) or more of the actions set forth in section
26(b)(2)(A) through 26(b)(2)(H) of this chapter.
(2) Reimburse the consolidated city for expenditures made by the
city in order to accomplish the housing program in that allocation
area.
The special fund may not be used for operating expenses of the
commission.
(f) Notwithstanding section 26(b) of this chapter, the commission
shall, relative to the special fund established under section 26(b) of this
chapter for an allocation area for a program adopted under section 32
of this chapter, do the following before July 15 of each year:
(1) Determine the amount, if any, by which property taxes payable
to the allocation fund in the following year will exceed the
amount of property taxes necessary:
(A) to make, when due, principal and interest payments on
bonds described in section 26(b)(2) of this chapter;
(B) to pay the amount necessary for other purposes described
in section 26(b)(2) of this chapter; and
(C) to reimburse the consolidated city for anticipated
expenditures described in subsection (e)(2).
(2) Notify the county auditor of the amount, if any, of excess
property taxes that the commission has determined may be paid
to the respective taxing units in the manner prescribed in section
26(b)(1) of this chapter.
(g) If property tax installments are due in installments
established by the department of local government finance under
IC 6-1.1-22-9.5, each taxpayer subject to those installments in an
allocation area is entitled to an additional credit under subsection
(d) for the taxes (as defined in IC 6-1.1-21-2) due in installments.
The credit shall be applied in the same proportion to each
installment of taxes (as defined in IC 6-1.1-21-2).
been given.
The additional credit reduces the amount of proceeds allocated to the
development district and paid into an allocation fund under section
53(b)(2) of this chapter.
(d) If the additional credit under subsection (c) is not reduced under
subsection (e) or (f), the credit for property tax replacement under
IC 6-1.1-21-5 and the additional credit under subsection (c) shall be
computed on an aggregate basis for all taxpayers in a taxing district
that contains all or part of an allocation area. The credit for property tax
replacement under IC 6-1.1-21-5 and the additional credit under
subsection (c) shall be combined on the tax statements sent to each
taxpayer.
(e) Upon the recommendation of the commission, the excluded city
legislative body may, by resolution, provide that the additional credit
described in subsection (c):
(1) does not apply in a specified allocation area; or
(2) is to be reduced by a uniform percentage for all taxpayers in
a specified allocation area.
(f) Whenever the excluded city legislative body determines that
granting the full additional credit under subsection (c) would adversely
affect the interests of the holders of bonds or other contractual
obligations that are payable from allocated tax proceeds in that
allocation area in a way that would create a reasonable expectation that
those bonds or other contractual obligations would not be paid when
due, the excluded city legislative body must adopt a resolution under
subsection (e) to deny the additional credit or reduce it to a level that
creates a reasonable expectation that the bonds or other obligations will
be paid when due. A resolution adopted under subsection (e) denies or
reduces the additional credit for property taxes first due and payable in
the allocation area in any year following the year in which the
resolution is adopted.
(g) A resolution adopted under subsection (e) remains in effect until
it is rescinded by the body that originally adopted it. However, a
resolution may not be rescinded if the rescission would adversely affect
the interests of the holders of bonds or other obligations that are
payable from allocated tax proceeds in that allocation area in a way that
would create a reasonable expectation that the principal of or interest
on the bonds or other obligations would not be paid when due. If a
resolution is rescinded and no other resolution is adopted, the
additional credit described in subsection (c) applies to property taxes
first due and payable in the allocation area in each year following the
year in which the resolution is rescinded.
section 25(b)(2) of this chapter.
(d) If the additional credit under subsection (c) is not reduced under
subsection (e) or (f), the credit for property tax replacement under
IC 6-1.1-21-5 and the additional credit under subsection (c) shall be
computed on an aggregate basis for all taxpayers in a taxing district
that contains all or part of an allocation area. The credit for property tax
replacement under IC 6-1.1-21-5 and the additional credit under
subsection (c) shall be combined on the tax statements sent to each
taxpayer.
(e) Upon the recommendation of the reuse authority, the municipal
legislative body (in the case of a reuse authority established by a
municipality) or the county executive (in the case of a reuse authority
established by a county) may by resolution provide that the additional
credit described in subsection (c):
(1) does not apply in a specified allocation area; or
(2) is to be reduced by a uniform percentage for all taxpayers in
a specified allocation area.
(f) If the municipal legislative body or county executive determines
that granting the full additional credit under subsection (c) would
adversely affect the interests of the holders of bonds or other
contractual obligations that are payable from allocated tax proceeds in
that allocation area in a way that would create a reasonable expectation
that those bonds or other contractual obligations would not be paid
when due, the municipal legislative body or county executive must
adopt a resolution under subsection (e) to deny the additional credit or
reduce the credit to a level that creates a reasonable expectation that
the bonds or other obligations will be paid when due. A resolution
adopted under subsection (e) denies or reduces the additional credit for
property taxes first due and payable in the allocation area in any year
following the year in which the resolution is adopted.
(g) A resolution adopted under subsection (e) remains in effect until
rescinded by the body that originally adopted the resolution. However,
a resolution may not be rescinded if the rescission would adversely
affect the interests of the holders of bonds or other obligations that are
payable from allocated tax proceeds in that allocation area in a way that
would create a reasonable expectation that the principal of or interest
on the bonds or other obligations would not be paid when due. If a
resolution is rescinded and no other resolution is adopted, the
additional credit described in subsection (c) applies to property taxes
first due and payable in the allocation area in each year following the
year in which the resolution is rescinded.
(h) If property tax installments are due in installments
established by the department of local government finance under
IC 6-1.1-22-9.5, each taxpayer subject to those installments in an
allocation area is entitled to an additional credit under subsection
(c) for the taxes (as defined in IC 6-1.1-21-2) due in installments.
The credit shall be applied in the same proportion to each
installment of taxes (as defined in IC 6-1.1-21-2).
statement or any corrected tax statement to each taxpayer, as required
by IC 6-1.1-22-8(a), each county treasurer shall for each tax statement
also deliver to each taxpayer in a certified technology park who is
entitled to the additional credit under subsection (a) a notice of
additional credit. The actual dollar amount of the credit, the taxpayer's
name and address, and the tax statement to which the credit applies
must be stated on the notice.
(d) Notwithstanding any other law, a taxpayer in a certified
technology park is not entitled to a credit for property tax replacement
under IC 6-1.1-21-5.
(e) If property tax installments are due in installments
established by the department of local government finance under
IC 6-1.1-22-9.5, each taxpayer subject to those installments in an
allocation area is entitled to an additional credit under subsection
(a) for the taxes (as defined in IC 6-1.1-21-2) due in installments.
The credit shall be applied in the same proportion to each
installment of taxes (as defined in IC 6-1.1-21-2).
IC 6-1.1-22-8(a)(1) for property taxes imposed for an assessment
date after February 28, 2003, and first due and payable in 2004 on
a homestead shall include in or mail with the statement
(A) the following statement:
"Your assessing officials have completed a general
reassessment of all real property in the county. The
reassessment was necessary to comply with Indiana law. The
Indiana General Assembly has increased the property tax
replacement credit and made other changes to the property tax
system to substantially reduce the effects that this
reassessment may have on your property tax liability. and
(B) a comparison of:
(i) the amount of the taxpayer's property tax liability; and
(ii) the amount that the taxpayer's property tax liability
would have been had this act not been enacted by the
general assembly; and
the form prescribed for the county under subsection (a). (2) A
county treasurer who transmits a statement to a person's mortgagee
under IC 6-1.1-22-8(a)(2) for property taxes imposed for an
assessment date after February 28, 2003, and first due and payable
in 2004 on a homestead shall, at the time the county treasurer mails
statements under IC 6-1.1-22-8(a)(1), mail or cause to be mailed to the
last known address of the person (A) the statement referred to in
subdivision (1)(A); and (B) the comparison referred to in subdivision
(1)(B). form prescribed for the county under subsection (a). The
form need not be included in the statement transmitted to the
person's mortgagee. The information sent under this subsection
must be conspicuously displayed in at least 12 point bold type.
(c) When the county treasurer has complied with subsection (b),
the county treasurer shall certify in writing to the department of
state revenue that the county treasurer has complied with this
SECTION.
(d) This SECTION expires December 31, 2003. 2005.
must be met before December 15, 2003.
(f) The department of local government finance shall:
(1) prescribe forms; or
(2) issue instructions for the use of existing forms;
for filing a claim under subsection (d).
(g) The county auditor shall determine the individual's
eligibility for a benefit under this SECTION. If the county auditor
determines that an individual is eligible for a benefit under this
SECTION for a parcel, the county auditor shall:
(1) apply the benefit with respect to taxes first due and
payable in 2004 for the parcel; and
(2) before January 1, 2004:
(A) send to the department of local government finance a
revised certification under IC 6-1.1-17-1(a) for the county
that reflects:
(i) the benefits applied under this SECTION; and
(ii) deductions under IC 6-1.1-12-37 and IC 6-1.1-12-43
applied as described in subsection (k); and
(B) certify to the department of local government finance
the amount of homestead credits allowed in the county
under this SECTION for property taxes first due and
payable in 2004.
(h) The department of local government finance shall use the
revised certifications received under subsection (g)(2)(A) in the
department's determination of tax rates under IC 6-1.1-17-16 for
taxes first due and payable in 2004. Notwithstanding
IC 6-1.1-17-16(d), the department of local government finance may
increase a political subdivision's tax rate to an amount that exceeds
the amount originally fixed by the political subdivision based on
the revised certification received under subsection (g)(2)(A).
(i) Before January 15, 2004, the department of local government
finance shall certify the amount of homestead credits referred to
in subsection (g)(2)(B) to the department of state revenue. For
property taxes first due and payable in 2004, the department of
state revenue shall allocate under IC 6-1.1-21-4 from the property
tax replacement fund an additional amount equal to the total
amount of homestead credits allowed under this SECTION for
property taxes first due and payable in 2004. The department of
state revenue shall distribute the amount allocated under this
subsection in the same manner that other property tax replacement
fund distributions are made in 2004.
(j) A statement filed under this SECTION to obtain a benefit for
property taxes first due and payable in 2004 applies for that year
and any succeeding year for which the benefit is allowed.
(k) Each year a person who is entitled under this SECTION to
receive the homestead credit under IC 6-1.1-20.9 for property taxes
first due and payable in 2004 is entitled for that year to the
deduction under IC 6-1.1-12-37 from the assessed value of the real
property that qualifies for the homestead credit. Each year a
person who is entitled under this SECTION to receive the
homestead credit under IC 6-1.1-20.9 for property taxes first due
and payable in 2004 is entitled for that year to the deduction under
IC 6-1.1-12-43 from the assessed value of the real property that
qualifies for the homestead credit if the dwelling on the homestead
was initially erected at least fifty (50) years before March 1, 2003.
amended by this act, is sufficient to initiate a preliminary
conference under this act.
(b) The department of local government finance may modify the
form known as the "Form 130" to enable township assessors and
taxpayers to report the results of preliminary conferences held
under IC 6-1.1-15-1, as amended by this act, to the appropriate
county property tax assessment board of appeals.
(c) The following provisions apply to a taxpayer who, before the
effective date of this act, filed a petition for review of an assessment
determination by a township assessor in the manner provided by
IC 6-1.1-15-1, as in effect before the effective date of the
amendment made by this act:
(1) The taxpayer is not required to file a request for a
preliminary conference with the township assessor.
(2) The provisions of IC 6-1.1-15-1, as in effect before the
effective date of this act, with respect to a preliminary
conference with the township assessor and a hearing before
the county property tax assessment board of appeals apply to
the taxpayer's petition.
31, 2003.