Citations Affected: IC 6-1.1; noncode.
Synopsis: Property taxes. Adds Masonic Lodges, Scottish Rite
Valleys, and their appendant bodies to the list of specified
organizations whose property is exempt from property taxes. Provides
that the form prescribed by the department of local government finance
(DLGF) to claim the mortgage deduction and the instructions for the
form must both include a statement specifying that a person is not
entitled to the deduction unless the person has a balance on the person's
mortgage or contract indebtedness (including any home equity line of
credit) that is the basis for the deduction. Requires the statement to
specify the penalties for perjury. Requires the DLGF to develop a
notice that must be displayed in the office of each county auditor
concerning the application for the mortgage deduction. Indicates that
mortgages, contracts, memoranda, and home equity lines of credit must
be recorded to be eligible for a mortgage deduction.
Effective: Upon passage; July 1, 2010.
January 11, 2010, read first time and referred to Committee on Appropriations.
January 25, 2010, amended, reported favorably _ Do Pass.
January 28, 2010, read second time, ordered engrossed.
January 29, 2010, engrossed.
February 2, 2010, read third time, passed. Yeas 47, nays 3.
A BILL FOR AN ACT to amend the Indiana Code concerning
taxation.
incorporated local councils, or a bank or trust company in trust for
the benefit of one (1) or more of its local councils.
(12) The Girl Scouts of the U.S.A., one or more of its
incorporated local councils, or a bank or trust company in trust for
the benefit of one (1) or more of its local councils.
(13) Masonic Lodges, Scottish Rite Valleys, and appendant
bodies.
(b) This exemption does not apply unless the property is exclusively
used, and in the case of real property actually occupied, for the
purposes and objectives of the organization.
as real property, or a manufactured home not assessed as real property
to another person under a contract which 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.
(d) The person must:
(1) own the real property, mobile home, or manufactured home;
or
(2) be buying the real property, mobile home, or manufactured
home under contract;
on the date the statement is filed under section 2 of this chapter.
the county recorder on or before January 5 of the immediately
succeeding calendar year.
(c) With respect to:
(1) real property as an alternative to a filing under subsection (b);
or
(2) a mobile home that is not assessed as real property or a
manufactured home that is not assessed as real property;
to apply for a deduction under section 1 of this chapter, a person who
desires to claim the deduction may file a statement in duplicate, on
forms prescribed by the department of local government finance, with
the auditor of the county in which the real property, mobile home not
assessed as real property, or manufactured home not assessed as real
property is located. With respect to real property the statement must be
completed and dated in the calendar year for which the person wishes
to obtain the deduction and filed with the county auditor on or before
January 5 of the immediately succeeding calendar year. With respect
to a mobile home that is not assessed as real property or a
manufactured home that is not assessed as real property, the statement
must be filed during the twelve (12) months before March 31 of each
year for which the individual wishes to obtain the deduction. The
statement may be filed in person or by mail. If mailed, the mailing must
be postmarked on or before the last day for filing. In addition to the
statement required by this subsection, a contract buyer who desires to
claim the deduction must submit a copy of the recorded contract or
recorded memorandum of the contract, which must contain a legal
description sufficient to meet the requirements of IC 6-1.1-5, with the
first statement that the buyer files under this section with respect to a
particular parcel of real property.
(d) Upon receipt of:
(1) the statement under subsection (b); or
(2) the statement under subsection (c) and the recorded contract
or recorded memorandum of the contract;
the county auditor shall assign a separate description and identification
number to the parcel of real property being sold under the contract.
(e) The statement referred to in subsections (b) and (c) must be
verified under penalties for perjury. The statement must contain the
following information:
(1) The balance of the person's mortgage, home equity line of
credit, or contract indebtedness that is recorded in the county
recorder's office on the assessment date of the year for which the
deduction is claimed.
(2) The assessed value of the real property, mobile home, or
manufactured home.
(3) The full name and complete residence address of the person
and of the mortgagee or contract seller.
(4) The name and residence of any assignee or bona fide owner or
holder of the mortgage, home equity line of credit, or contract,
if known, and if not known, the person shall state that fact.
(5) The record number and page where the mortgage, contract, or
memorandum of the contract is recorded.
(6) A brief description of the real property, mobile home, or
manufactured home which is encumbered by the mortgage or
home equity line of credit or sold under the contract.
(7) If the person is not the sole legal or equitable owner of the real
property, mobile home, or manufactured home, the exact share of
the person's interest in it.
(8) The name of any other county in which the person has applied
for a deduction under this section and the amount of deduction
claimed in that application.
(f) The authority for signing a deduction application filed under this
section may not be delegated by the real property, mobile home, or
manufactured home owner or contract buyer to any person except upon
an executed power of attorney. The power of attorney may be contained
in the recorded mortgage, contract, or memorandum of the contract, or
in a separate instrument.
(g) A closing agent, as defined in IC 6-1.1-12-43(a)(2), is not liable
for any damages claimed by the property owner or contract purchaser
because of:
(1) the closing agent's failure to provide the written statement
described in subsection (b);
(2) the closing agent's failure to file the written statement
described in subsection (b);
(3) any omission or inaccuracy in the written statement described
in subsection (b) that is filed with the county recorder by the
closing agent; or
(4) any determination made with respect to a property owner's or
contract purchaser's eligibility for the deduction under section 1
of this chapter.
(h) The county recorder may not refuse to record a mortgage,
contract, or memorandum because the written statement described in
subsection (b):
(1) is not included with the mortgage, home equity line of credit,
contract, or memorandum of the contract;
(2) does not contain the signatures required by subsection (b);