|
|
|
IC 6-1.1-2-0.1
Application of certain amendments to chapter
Sec. 0.1. The following amendments to this chapter apply as
follows:
(1) The amendments made to section 6 of this chapter (before
its repeal) by P.L.98-1989 apply to boating years beginning
after December 31, 1989.
(2) The amendments made to section 4 of this chapter by
P.L.51-1997 apply only to assessment years beginning after
December 31, 1997.
(3) If a court makes a final determination that the commercial
vehicle excise tax, as added by P.L.181-1999 is invalid, the
amendments made to section 7 of this chapter by P.L.181-1999
are void upon the exhaustion of all appeals of the court's final
determination.
As added by P.L.220-2011, SEC.116.
IC 6-1.1-2-1
Property subject to tax
Sec. 1. Except as otherwise provided by law, all tangible property
which is within the jurisdiction of this state on the assessment date
of a year is subject to assessment and taxation for that year.
(Formerly: Acts 1975, P.L.47, SEC.1.)
IC 6-1.1-2-2
Assessment methods
Sec. 2. All tangible property which is subject to assessment shall
be assessed on a just valuation basis and in a uniform and equal
manner. Personal property which is subject to assessment and
taxation shall be assessed annually in the manner prescribed in this
article. Real property which is subject to assessment and taxation
shall be assessed in the manner and at the times prescribed in this
article.
(Formerly: Acts 1975, P.L.47, SEC.1.)
IC 6-1.1-2-3
Rate of tax; use of revenues
Sec. 3. The total tax rate to be imposed on each one hundred
dollars ($100) of the assessed value of property shall be determined
in the manner provided by law. Property tax revenues shall be used
for state expenditures and for the support of the political subdivisions
of this state.
(Formerly: Acts 1975, P.L.47, SEC.1.)
IC 6-1.1-2-4
Liability for tax; assessment of improvement or appurtenance
separately from land
Sec. 4. (a) The owner of any real property on the assessment date
of a year is liable for the taxes imposed for that year on the property,
unless a person holding, possessing, controlling, or occupying any
real property on the assessment date of a year is liable for the taxes
imposed for that year on the property under a memorandum of lease
or other contract with the owner that is recorded with the county
recorder before January 1, 1998. A person holding, possessing,
controlling, or occupying any personal property on the assessment
date of a year is liable for the taxes imposed for that year on the
property unless:
(1) the person establishes that the property is being assessed and
taxed in the name of the owner; or
(2) the owner is liable for the taxes under a contract with that
person.
When a person other than the owner pays any property taxes, as
required by this section, that person may recover the amount paid
from the owner, unless the parties have agreed to other terms in a
contract.
(b) An owner on the assessment date of a year of real property
that has an improvement or appurtenance that is:
(1) assessed as real property; and
(2) owned, held, possessed, controlled, or occupied on the
assessment date of a year by a person other than the owner of
the land;
is jointly liable for the taxes imposed for the year on the
improvement or appurtenance with the person holding, possessing,
controlling, or occupying the improvement or appurtenance on the
assessment date.
(c) An improvement or appurtenance to land that, on the
assessment date of a year, is held, possessed, controlled, or occupied
by a different person than the owner of the land may be listed and
assessed separately from the land only if the improvement or
appurtenance is held, possessed, controlled, or occupied under a
memorandum of lease or other contract that is recorded with the
county recorder before January 1, 1998.
(Formerly: Acts 1975, P.L.47, SEC.1.) As amended by Acts 1981,
P.L.63, SEC.1; P.L.51-1997, SEC.1.
IC 6-1.1-2-5
Partnership property
Sec. 5. The tangible property of a partnership shall be listed and
assessed in the firm name. Each partner is jointly and severally liable
for the property taxes so assessed.
(Formerly: Acts 1975, P.L.47, SEC.1.)
IC 6-1.1-2-6
Repealed
(Repealed by P.L.1-1990, SEC.65.)
IC 6-1.1-2-7
IC 6-1.1-2-8
Application of P.L.6-1997; changing method of assessed valuation;
tax rates, deductions, limits on indebtedness; computation of
assessed value growth quotient, tax rates, other values; state board
of tax commissioner duties; intent of general assembly
Sec. 8. (a) IC 6-1.1-1-3, as amended by P.L.6-1997, and all
changes in tax rates, deductions, and limits on indebtedness made by
P.L.6-1997 apply only to budget years and property taxes first due
and payable after December 31, 2001.
(b) For the purpose of computing:
(1) the assessed value growth quotient under IC 6-1.1-18.5-2;
and
(2) any other value that requires the use of an assessed value
from a date before March 1, 2001;
for a budgetary appropriation, state distribution, or property tax levy
first due and payable after December 31, 2001, the assessed value
from a date before March 1, 2001, must first be increased from
thirty-three and thirty-three hundredths percent (33.33%) of true tax
value to one hundred percent (100%) of true tax value before the
computation is made.
(c) For the purpose of computing:
(1) a tax rate under IC 6-1.1-19-1.5 (before its repeal); and
(2) any other value that requires the use of a tax rate from a date
before March 1, 2001;
for a budgetary appropriation, state distribution, or property tax levy
first due and payable after December 31, 2001, a tax rate from a date
before January 1, 2002, must first be reduced by dividing the tax rate
by three (3) before the computation is made.
(d) The state board of tax commissioners shall adjust the tax rates
of all taxing units to eliminate the effects of changing assessed
values from thirty-three and thirty-three hundredths percent (33.33%)
of true tax value to one hundred percent (100%) of true tax value.
(e) If a maximum property tax rate that was enacted before 1997
is not amended by P.L.6-1997, the state board of tax commissioners
shall adjust the maximum tax rate to eliminate the effects of
changing assessed values from thirty-three and thirty-three
hundredths percent (33.33%) of true tax value to one hundred
percent (100%) of true tax value.
(f) The state board of tax commissioners shall prepare the initial
schedule of adjusted assessed values for all political subdivisions
under IC 36-1-15, as added by P.L.6-1997, not later than July 1,
2001.
(g) It is the intent of the general assembly that all adjustments
necessary to implement IC 6-1.1-1-3, as amended by P.L.6-1997, be
made without raising the revenues available to governmental units
more than would have occurred if P.L.6-1997 were not enacted. The
state board of tax commissioners shall provide fiscal officers in the
taxing units, assessing officials, and members of the board of tax
adjustment with instructions on how to implement this section.
(h) If a statute that imposes an assessed value limitation on the
aggregate amount of bonds that a political subdivision may issue that
was enacted before 1997 is not amended by P.L.6-1997, the state
board of tax commissioners shall adjust the assessed value limitation
to eliminate the effects of changing assessed values from thirty-three
and thirty-three hundredths percent (33.33%) of true tax value to one
hundred percent (100%) of true tax value.
(i) The state board of tax commissioners shall, if necessary to
protect owners of bonds payable in whole or in part from tax
increment, adjust the base assessed value to neutralize the effect of
changing assessed values under P.L.6-1997 from thirty-three and
thirty-three hundredths percent (33.33%) of true tax value to one
hundred percent (100%) of true tax value under the following
statutes:
(1) IC 6-1.1-39.
(2) IC 8-22-3.5.
(3) IC 36-7-14.
(4) IC 36-7-14.5.
(5) IC 36-7-15.1.
(6) IC 36-7-30.
As added by P.L.220-2011, SEC.117.
IC 6-1.1-2-10
Legalization of certain actions of department before November 21,
2007; validation of certain local government actions
Sec. 10. (a) Any action taken by the department of local
government finance before November 21, 2007, to do any of the
following with respect to property taxes first due and payable in
2007 in any county is legalized and validated:
(1) Halt billing and collection.
(2) Invalidate the certification under IC 6-1.1-17-16(f) of the
department's actions concerning budgets, rates, and levies.
(3) Revise and reissue certifications referred to in subdivision
(2).
(4) Require the preparation and delivery under IC 6-1.1-22-5 of
an abstract that is based on the assessed values determined in a
reassessment:
(A) performed by; or
(B) ordered by;
the department of local government finance under IC 6-1.1-4 or
IC 6-1.1-14.
(5) Allow payments of installments on dates and in amounts
different from the dates and amounts that applied in an earlier
issuance of tax statements by the county.
(6) Allow the issuance of reconciling property tax statements to
reconcile the payment of different amounts referred to in
subdivision (5) as compared to the amounts finally determined
to be due and payable.
(7) Waive all or part of a penalty under IC 6-1.1-37-10.
(b) The department of local government finance may take any
action listed in subsection (a) on or after November 21, 2007, with
respect to property taxes first due and payable in 2007 in any county.
(c) Any action taken before November 21, 2007, by a unit of local
government or a public official on behalf of a unit of local
government that:
(1) is in response to; and
(2) is consistent with;
an action of the department of local government finance referred to
in subsection (a) is legalized and validated.