Indiana 2025 Regular Session

Indiana House Bill HB1075 Compare Versions

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22 Introduced Version
33 HOUSE BILL No. 1075
44 _____
55 DIGEST OF INTRODUCED BILL
66 Citations Affected: IC 6-1.1.
77 Synopsis: Property taxes. Provides that, for assessments beginning in
88 2026, the assessed value of homestead property shall not be subject to
99 annual adjustments (trending), but instead shall be determined based
1010 on the assessed value of the homestead on the January 1, 2025,
1111 assessment date, the assessed value of the homestead on the first
1212 assessment date that it becomes homestead property, if it was not a
1313 homestead on the January 1, 2025, assessment date, or the sales price
1414 or fair market value of the homestead, if there is a change of ownership
1515 after January 1, 2025. Increases the amount of the assessed value
1616 deduction for disabled veterans. Phases in the increase over five years
1717 from $24,960 under current law to $50,000 for assessments beginning
1818 in 2030. Provides for a five year phase in of a 100% property tax credit
1919 for the property tax liability imposed on the homestead of an individual
2020 who is or will be at least 65 years of age on or before December 31 of
2121 the calendar year immediately preceding the current calendar year in
2222 which the individual's property taxes are first due and payable.
2323 Specifies, beginning with property taxes first due and payable in 2026,
2424 the annual amounts of the phased in property tax credit for such an
2525 individual's homestead. Makes conforming changes.
2626 Effective: Upon passage; July 1, 2025.
2727 Haggard
2828 January 8, 2025, read first time and referred to Committee on Ways and Means.
2929 2025 IN 1075—LS 6563/DI 120 Introduced
3030 First Regular Session of the 124th General Assembly (2025)
3131 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
3232 Constitution) is being amended, the text of the existing provision will appear in this style type,
3333 additions will appear in this style type, and deletions will appear in this style type.
3434 Additions: Whenever a new statutory provision is being enacted (or a new constitutional
3535 provision adopted), the text of the new provision will appear in this style type. Also, the
3636 word NEW will appear in that style type in the introductory clause of each SECTION that adds
3737 a new provision to the Indiana Code or the Indiana Constitution.
3838 Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
3939 between statutes enacted by the 2024 Regular Session of the General Assembly.
4040 HOUSE BILL No. 1075
4141 A BILL FOR AN ACT to amend the Indiana Code concerning
4242 taxation.
4343 Be it enacted by the General Assembly of the State of Indiana:
4444 1 SECTION 1. IC 6-1.1-4-4.2, AS AMENDED BY P.L.236-2023,
4545 2 SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
4646 3 JULY 1, 2025]: Sec. 4.2. (a) The county assessor of each county shall,
4747 4 before July 1, 2013, and before May 1 of every fourth year thereafter,
4848 5 prepare and submit to the department of local government finance a
4949 6 reassessment plan for the county. The following apply to a
5050 7 reassessment plan prepared and submitted under this section:
5151 8 (1) The reassessment plan is subject to approval by the
5252 9 department of local government finance. The department of local
5353 10 government finance shall complete its review and approval of the
5454 11 reassessment plan before:
5555 12 (A) March 1, 2015; and
5656 13 (B) January 1 of each subsequent year that follows a year in
5757 14 which the reassessment plan is submitted by the county.
5858 15 (2) The department of local government finance shall determine
5959 16 the classes of real property to be used for purposes of this section.
6060 17 (3) Except as provided in subsection (b), the reassessment plan
6161 2025 IN 1075—LS 6563/DI 120 2
6262 1 must divide all parcels of real property in the county into four (4)
6363 2 different groups of parcels. Each group of parcels must contain
6464 3 approximately twenty-five percent (25%) of the parcels within
6565 4 each class of real property in the county.
6666 5 (4) Except as provided in subsection (b), all real property in each
6767 6 group of parcels shall be reassessed under the county's
6868 7 reassessment plan once during each four (4) year cycle.
6969 8 (5) The reassessment of a group of parcels in a particular class of
7070 9 real property shall begin on May 1 of a year.
7171 10 (6) The reassessment of parcels:
7272 11 (A) must include a physical inspection of each parcel of real
7373 12 property in the group of parcels that is being reassessed; and
7474 13 (B) shall be completed on or before January 1 of the year after
7575 14 the year in which the reassessment of the group of parcels
7676 15 begins.
7777 16 (7) For real property included in a group of parcels that is
7878 17 reassessed, the reassessment is the basis for taxes payable in the
7979 18 year following the year in which the reassessment is to be
8080 19 completed.
8181 20 (8) The reassessment plan must specify the dates by which the
8282 21 assessor must submit land values under section 13.6 of this
8383 22 chapter to the county property tax assessment board of appeals.
8484 23 (9) The department may not approve the reassessment plan until
8585 24 the assessor provides verification that the land values
8686 25 determination under section 13.6 of this chapter has been
8787 26 completed.
8888 27 (10) Subject to review and approval by the department of local
8989 28 government finance, the county assessor may modify the
9090 29 reassessment plan.
9191 30 (11) The reassessment plan with regard to homestead
9292 31 property is subject to and must comply with the provisions in
9393 32 section 4.5(i) of this chapter.
9494 33 (b) A county may submit a reassessment plan that provides for
9595 34 reassessing more than twenty-five percent (25%) of all parcels of real
9696 35 property in the county in a particular year. A plan may provide that all
9797 36 parcels are to be reassessed in one (1) year. However, a plan must
9898 37 cover a four (4) year period. All real property in each group of parcels
9999 38 shall be reassessed under the county's reassessment plan once during
100100 39 each reassessment cycle.
101101 40 (c) The reassessment of the first group of parcels under a county's
102102 41 reassessment plan shall begin on July 1, 2014, and shall be completed
103103 42 on or before January 1, 2015.
104104 2025 IN 1075—LS 6563/DI 120 3
105105 1 (d) The department of local government finance may adopt rules to
106106 2 govern the reassessment of property under county reassessment plans.
107107 3 SECTION 2. IC 6-1.1-4-4.5, AS AMENDED BY P.L.8-2022,
108108 4 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
109109 5 JULY 1, 2025]: Sec. 4.5. (a) The department of local government
110110 6 finance shall adopt rules establishing a system for annually adjusting
111111 7 the assessed value of real property to account for changes in value in
112112 8 those years since a reassessment under section 4.2 of this chapter for
113113 9 the property last took effect.
114114 10 (b) Subject to subsection subsections (f) and (i), the system must
115115 11 be applied to adjust assessed values beginning with the 2006
116116 12 assessment date and each year thereafter that is not a year in which a
117117 13 reassessment under section 4.2 of this chapter for the property becomes
118118 14 effective.
119119 15 (c) The rules adopted under subsection (a) must include the
120120 16 following characteristics in the system:
121121 17 (1) Promote uniform and equal assessment of real property within
122122 18 and across classifications.
123123 19 (2) Require that assessing officials:
124124 20 (A) reevaluate the factors that affect value;
125125 21 (B) express the interactions of those factors mathematically;
126126 22 (C) use mass appraisal techniques to estimate updated property
127127 23 values within statistical measures of accuracy; and
128128 24 (D) provide notice to taxpayers of an assessment increase that
129129 25 results from the application of annual adjustments.
130130 26 (3) Prescribe procedures that permit the application of the
131131 27 adjustment percentages in an efficient manner by assessing
132132 28 officials.
133133 29 (d) The department of local government finance must review and
134134 30 certify each annual adjustment determined under this section.
135135 31 (e) For an assessment beginning after December 31, 2022,
136136 32 agricultural improvements such as but not limited to barns, grain bins,
137137 33 or silos on land assessed as agricultural shall not be adjusted using
138138 34 factors, such as neighborhood delineation, that are appropriate for use
139139 35 in adjusting residential, commercial, and industrial real property. Those
140140 36 portions of agricultural parcels that include land and buildings not used
141141 37 for an agricultural purpose, such as homes, homesites, and excess
142142 38 residential land and commercial or industrial land and buildings, shall
143143 39 be adjusted by the factor or factors developed for other similar property
144144 40 within the geographic stratification. The residential portion of
145145 41 agricultural properties shall be adjusted by the factors applied to
146146 42 similar residential purposes.
147147 2025 IN 1075—LS 6563/DI 120 4
148148 1 (f) In making the annual determination of the base rate to satisfy the
149149 2 requirement for an annual adjustment for each assessment date, the
150150 3 department of local government finance shall not later than March 1 of
151151 4 each year determine the base rate using the methodology reflected in
152152 5 Table 2-18 of Book 1, Chapter 2 of the department of local government
153153 6 finance's Real Property Assessment Guidelines (as in effect on January
154154 7 1, 2005), except that the department shall adjust the methodology as
155155 8 follows:
156156 9 (1) Use a six (6) year rolling average adjusted under subdivision
157157 10 (3) instead of a four (4) year rolling average.
158158 11 (2) Use the data from the six (6) most recent years preceding the
159159 12 year in which the assessment date occurs for which data is
160160 13 available, before one (1) of those six (6) years is eliminated under
161161 14 subdivision (3) when determining the rolling average.
162162 15 (3) Eliminate in the calculation of the rolling average the year
163163 16 among the six (6) years for which the highest market value in use
164164 17 of agricultural land is determined.
165165 18 (4) After determining a preliminary base rate that would apply for
166166 19 the assessment date without applying the adjustment under this
167167 20 subdivision, the department of local government finance shall
168168 21 adjust the preliminary base rate as follows:
169169 22 (A) If the preliminary base rate for the assessment date would
170170 23 be at least ten percent (10%) greater than the final base rate
171171 24 determined for the preceding assessment date, a capitalization
172172 25 rate of eight percent (8%) shall be used to determine the final
173173 26 base rate.
174174 27 (B) If the preliminary base rate for the assessment date would
175175 28 be at least ten percent (10%) less than the final base rate
176176 29 determined for the preceding assessment date, a capitalization
177177 30 rate of six percent (6%) shall be used to determine the final
178178 31 base rate.
179179 32 (C) If neither clause (A) nor clause (B) applies, a capitalization
180180 33 rate of seven percent (7%) shall be used to determine the final
181181 34 base rate.
182182 35 (D) In the case of a market value in use for a year that is used
183183 36 in the calculation of the six (6) year rolling average under
184184 37 subdivision (1) for purposes of determining the base rate for
185185 38 the assessment date:
186186 39 (i) that market value in use shall be recalculated by using the
187187 40 capitalization rate determined under clauses (A) through (C)
188188 41 for the calculation of the base rate for the assessment date;
189189 42 and
190190 2025 IN 1075—LS 6563/DI 120 5
191191 1 (ii) the market value in use recalculated under item (i) shall
192192 2 be used in the calculation of the six (6) year rolling average
193193 3 under subdivision (1).
194194 4 (g) For assessment dates after December 31, 2009, an adjustment in
195195 5 the assessed value of real property under this section shall be based on
196196 6 the estimated true tax value of the property on the assessment date that
197197 7 is the basis for taxes payable on that real property.
198198 8 (h) The department shall release the department's annual
199199 9 determination of the base rate on or before March 1 of each year.
200200 10 (i) This subsection applies to assessment dates beginning on
201201 11 January 1, 2026, and each assessment date thereafter.
202202 12 Notwithstanding any other provision of this article, property that
203203 13 is eligible for the homestead standard deduction under
204204 14 IC 6-1.1-12-37 for an assessment date shall not be subject to an
205205 15 adjustment of assessed value under this section. Instead, the
206206 16 assessed value of the homestead shall be determined as:
207207 17 (1) the assessed value of the homestead on the January 1,
208208 18 2025, assessment date;
209209 19 (2) if the property was not eligible for the homestead standard
210210 20 deduction on the January 1, 2025, assessment date, the
211211 21 assessed value of the homestead on the first assessment date
212212 22 that the property becomes eligible for the homestead standard
213213 23 deduction after January 1, 2025;
214214 24 (3) the sales price of the homestead, if there is a change of
215215 25 ownership of a homestead by sale after January 1, 2025; or
216216 26 (4) the market value of the homestead, if there is a change of
217217 27 ownership of a homestead by gift, bequest, or other
218218 28 disposition after January 1, 2025.
219219 29 The assessed value determination under subdivisions (3) and (4)
220220 30 shall apply for the assessment date immediately succeeding the
221221 31 date of the change of ownership, after which, if the property is no
222222 32 longer eligible for the homestead standard deduction, the property
223223 33 shall be subject to an adjustment of assessed value under this
224224 34 section.
225225 35 SECTION 3. IC 6-1.1-12-13, AS AMENDED BY P.L.293-2013(ts),
226226 36 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
227227 37 JULY 1, 2025]: Sec. 13. (a) Except as provided in section 40.5 of this
228228 38 chapter, an individual may have twenty-four thousand nine hundred
229229 39 sixty dollars ($24,960) the amount determined under subsection (e)
230230 40 deducted from the assessed value of the taxable tangible property that
231231 41 the individual owns, or real property, a mobile home not assessed as
232232 42 real property, or a manufactured home not assessed as real property
233233 2025 IN 1075—LS 6563/DI 120 6
234234 1 that the individual is buying under a contract that provides that the
235235 2 individual is to pay property taxes on the real property, mobile home,
236236 3 or manufactured home, if the contract or a memorandum of the contract
237237 4 is recorded in the county recorder's office and if:
238238 5 (1) the individual served in the military or naval forces of the
239239 6 United States during any of its wars;
240240 7 (2) the individual received an honorable discharge;
241241 8 (3) the individual has a disability with a service connected
242242 9 disability of ten percent (10%) or more;
243243 10 (4) the individual's disability is evidenced by:
244244 11 (A) a pension certificate, an award of compensation, or a
245245 12 disability compensation check issued by the United States
246246 13 Department of Veterans Affairs; or
247247 14 (B) a certificate of eligibility issued to the individual by the
248248 15 Indiana department of veterans' affairs after the Indiana
249249 16 department of veterans' affairs has determined that the
250250 17 individual's disability qualifies the individual to receive a
251251 18 deduction under this section; and
252252 19 (5) the individual:
253253 20 (A) owns the real property, mobile home, or manufactured
254254 21 home; or
255255 22 (B) is buying the real property, mobile home, or manufactured
256256 23 home under contract;
257257 24 on the date the statement required by section 15 of this chapter is
258258 25 filed.
259259 26 (b) The surviving spouse of an individual may receive the deduction
260260 27 provided by this section if the individual satisfied the requirements of
261261 28 subsection (a)(1) through (a)(4) at the time of death and the surviving
262262 29 spouse satisfies the requirement of subsection (a)(5) at the time the
263263 30 deduction statement is filed. The surviving spouse is entitled to the
264264 31 deduction regardless of whether the property for which the deduction
265265 32 is claimed was owned by the deceased veteran or the surviving spouse
266266 33 before the deceased veteran's death.
267267 34 (c) One who receives the deduction provided by this section may not
268268 35 receive the deduction provided by section 16 of this chapter. However,
269269 36 the individual may receive any other property tax deduction which the
270270 37 individual is entitled to by law.
271271 38 (d) An individual who has sold real property, a mobile home not
272272 39 assessed as real property, or a manufactured home not assessed as real
273273 40 property to another person under a contract that provides that the
274274 41 contract buyer is to pay the property taxes on the real property, mobile
275275 42 home, or manufactured home may not claim the deduction provided
276276 2025 IN 1075—LS 6563/DI 120 7
277277 1 under this section against that real property, mobile home, or
278278 2 manufactured home.
279279 3 (e) The amount of the deduction under this section is as follows:
280280 4 (1) For assessments before January 1, 2026, twenty-four
281281 5 thousand nine hundred sixty dollars ($24,960).
282282 6 (2) For assessments made in 2026, thirty thousand dollars
283283 7 ($30,000).
284284 8 (3) For assessments made in 2027, thirty-five thousand dollars
285285 9 ($35,000).
286286 10 (4) For assessments made in 2028, forty thousand dollars
287287 11 ($40,000).
288288 12 (5) For assessments made in 2029, forty-five thousand dollars
289289 13 ($45,000).
290290 14 (6) For assessments made in 2030, and for assessments made
291291 15 in each taxable year thereafter, fifty thousand dollars
292292 16 ($50,000).
293293 17 SECTION 4. IC 6-1.1-20.6-3, AS AMENDED BY P.L.197-2016,
294294 18 SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
295295 19 UPON PASSAGE]: Sec. 3. As used in this chapter, "property tax
296296 20 liability" means for purposes of: the following:
297297 21 (1) For purposes of this chapter, other than section 8.5 of this
298298 22 chapter (before its expiration), liability for the tax imposed on
299299 23 property under this article determined after application of all
300300 24 credits and deductions under this article or IC 6-3.6, except the
301301 25 credit under this chapter, but does not include any interest or
302302 26 penalty imposed under this article. and
303303 27 (2) For purposes of section 8.5 of this chapter (before its
304304 28 expiration), liability for the tax imposed on property under this
305305 29 article determined after application of all credits and deductions
306306 30 under this article or IC 6-3.6, including the credit granted by
307307 31 section 7 or 7.5 of this chapter, but not including the credit
308308 32 granted under section 8.5 of this chapter (before its expiration)
309309 33 or any interest or penalty imposed under this article.
310310 34 (3) For purposes of section 8.6 of this chapter, liability for the
311311 35 tax imposed on property under this article determined after
312312 36 application of all credits and deductions under this article or
313313 37 IC 6-3.6, including the credit granted by section 7 or 7.5 of
314314 38 this chapter and, if applicable, the credit granted under
315315 39 section 8.5 of this chapter (before its expiration) but not
316316 40 including any interest or penalty imposed under this article.
317317 41 SECTION 5. IC 6-1.1-20.6-8, AS AMENDED BY P.L.146-2008,
318318 42 SECTION 224, IS AMENDED TO READ AS FOLLOWS
319319 2025 IN 1075—LS 6563/DI 120 8
320320 1 [EFFECTIVE UPON PASSAGE]: Sec. 8. Except as provided in section
321321 2 sections 8.5 (before its expiration) and 8.6 of this chapter, a person
322322 3 is not required to file an application for the credit under this chapter.
323323 4 The county auditor shall:
324324 5 (1) identify the property in the county eligible for the credit under
325325 6 this chapter; and
326326 7 (2) apply the credit under this chapter to property tax liability on
327327 8 the identified property.
328328 9 SECTION 6. IC 6-1.1-20.6-8.5, AS AMENDED BY P.L.239-2023,
329329 10 SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
330330 11 UPON PASSAGE]: Sec. 8.5. (a) This section applies to an individual
331331 12 who:
332332 13 (1) qualified for a standard deduction granted under
333333 14 IC 6-1.1-12-37 for the individual's homestead property in the
334334 15 immediately preceding calendar year (or was married at the time
335335 16 of death to a deceased spouse who qualified for a standard
336336 17 deduction granted under IC 6-1.1-12-37 for the individual's
337337 18 homestead property in the immediately preceding calendar year);
338338 19 (2) qualifies for a standard deduction granted under
339339 20 IC 6-1.1-12-37 for the same homestead property in the current
340340 21 calendar year;
341341 22 (3) is or will be at least sixty-five (65) years of age on or before
342342 23 December 31 of the calendar year immediately preceding the
343343 24 current calendar year; and
344344 25 (4) had:
345345 26 (A) in the case of an individual who filed a single return,
346346 27 adjusted gross income (as defined in Section 62 of the Internal
347347 28 Revenue Code) not exceeding thirty thousand dollars
348348 29 ($30,000), and beginning for the January 1, 2023, assessment
349349 30 date, and each assessment date thereafter, adjusted annually by
350350 31 an amount equal to the percentage cost of living increase
351351 32 applied for Social Security benefits for the immediately
352352 33 preceding calendar year; or
353353 34 (B) in the case of an individual who filed a joint income tax
354354 35 return with the individual's spouse, combined adjusted gross
355355 36 income (as defined in Section 62 of the Internal Revenue
356356 37 Code) not exceeding forty thousand dollars ($40,000), and
357357 38 beginning for the January 1, 2023, assessment date, and each
358358 39 assessment date thereafter, adjusted annually by an amount
359359 40 equal to the percentage cost of living increase applied for
360360 41 Social Security benefits for the immediately preceding
361361 42 calendar year;
362362 2025 IN 1075—LS 6563/DI 120 9
363363 1 for the calendar year preceding by two (2) years the calendar year
364364 2 in which property taxes are first due and payable.
365365 3 For purposes of applying the annual cost of living increases described
366366 4 in subdivision (4)(A) and (4)(B), the annual percentage increase is
367367 5 applied to the adjusted amount of income from the immediately
368368 6 preceding year.
369369 7 (b) Except as provided in subsection (g), this section does not apply
370370 8 if:
371371 9 (1) for an individual who received a credit under this section
372372 10 before January 1, 2020, the gross assessed value of the homestead
373373 11 on the assessment date for which property taxes are imposed is at
374374 12 least two hundred thousand dollars ($200,000);
375375 13 (2) for an individual who initially applies for a credit under this
376376 14 section after December 31, 2019, and before January 1, 2023, the
377377 15 assessed value of the individual's Indiana real property is at least
378378 16 two hundred thousand dollars ($200,000); or
379379 17 (3) for an individual who initially applies for a credit under this
380380 18 section after December 31, 2022, the assessed value of the
381381 19 individual's Indiana real property is at least two hundred forty
382382 20 thousand dollars ($240,000).
383383 21 (c) An individual is entitled to an additional credit under this section
384384 22 for property taxes first due and payable for a calendar year on a
385385 23 homestead if:
386386 24 (1) the individual and the homestead qualify for the credit under
387387 25 subsection (a) for the calendar year;
388388 26 (2) the homestead is not disqualified for the credit under
389389 27 subsection (b) for the calendar year; and
390390 28 (3) the filing requirements under subsection (e) are met.
391391 29 (d) The amount of the credit is equal to the greater of zero (0) or the
392392 30 result of:
393393 31 (1) the property tax liability first due and payable on the
394394 32 homestead property for the calendar year; minus
395395 33 (2) the result of:
396396 34 (A) the property tax liability first due and payable on the
397397 35 qualified homestead property for the immediately preceding
398398 36 year after the application of the credit granted under this
399399 37 section for that year; multiplied by
400400 38 (B) one and two hundredths (1.02).
401401 39 However, property tax liability imposed on any improvements to or
402402 40 expansion of the homestead property after the assessment date for
403403 41 which property tax liability described in subdivision (2) was imposed
404404 42 shall not be considered in determining the credit granted under this
405405 2025 IN 1075—LS 6563/DI 120 10
406406 1 section in the current calendar year.
407407 2 (e) Applications for a credit under this section shall be filed in the
408408 3 manner provided for an application for a deduction under
409409 4 IC 6-1.1-12-9. However, an individual who remains eligible for the
410410 5 credit in the following year is not required to file a statement to apply
411411 6 for the credit in the following year. An individual who receives a credit
412412 7 under this section in a particular year and who becomes ineligible for
413413 8 the credit in the following year shall notify the auditor of the county in
414414 9 which the homestead is located of the individual's ineligibility not later
415415 10 than sixty (60) days after the individual becomes ineligible.
416416 11 (f) The auditor of each county shall, in a particular year, apply a
417417 12 credit provided under this section to each individual who received the
418418 13 credit in the preceding year unless the auditor determines that the
419419 14 individual is no longer eligible for the credit.
420420 15 (g) For purposes of determining the:
421421 16 (1) assessed value of the homestead on the assessment date for
422422 17 which property taxes are imposed under subsection (b)(1);
423423 18 (2) assessed value of the individual's Indiana real property under
424424 19 subsection (b)(2); or
425425 20 (3) assessed value of the individual's Indiana real property under
426426 21 subsection (b)(3);
427427 22 for an individual who has received a credit under this section in a
428428 23 previous year, increases in assessed value that occur after the later of
429429 24 December 31, 2019, or the first year that the individual has received
430430 25 the credit are not considered unless the increase in assessed value is
431431 26 attributable to substantial renovation or new improvements. Where
432432 27 there is an increase in assessed value for purposes of the credit under
433433 28 this section, the assessor shall provide a report to the county auditor
434434 29 describing the substantial renovation or new improvements, if any, that
435435 30 were made to the property prior to the increase in assessed value.
436436 31 (h) This section expires December 31, 2029.
437437 32 SECTION 7. IC 6-1.1-20.6-8.6 IS ADDED TO THE INDIANA
438438 33 CODE AS A NEW SECTION TO READ AS FOLLOWS
439439 34 [EFFECTIVE UPON PASSAGE]: Sec. 8.6. (a) This section applies to
440440 35 property taxes first due and payable after December 31, 2025, for
441441 36 an individual who:
442442 37 (1) qualified for a standard deduction granted under
443443 38 IC 6-1.1-12-37 for the individual's homestead property in the
444444 39 immediately preceding calendar year (or was married at the
445445 40 time of death to a deceased spouse who qualified for a
446446 41 standard deduction granted under IC 6-1.1-12-37 for the
447447 42 individual's homestead property in the immediately preceding
448448 2025 IN 1075—LS 6563/DI 120 11
449449 1 calendar year);
450450 2 (2) qualifies for a standard deduction granted under
451451 3 IC 6-1.1-12-37 for the same homestead property in the
452452 4 current calendar year; and
453453 5 (3) is or will be at least sixty-five (65) years of age on or before
454454 6 December 31 of the calendar year immediately preceding the
455455 7 current calendar year.
456456 8 (b) An individual is entitled to an additional credit under this
457457 9 section for property taxes first due and payable for a calendar year
458458 10 on a homestead if the individual and the homestead qualify for the
459459 11 credit under subsection (a) for the calendar year.
460460 12 (c) The amount of the credit is equal to the following
461461 13 percentage:
462462 14 (1) For property taxes first due and payable in 2026, an
463463 15 amount equal to twenty percent (20%) of the property tax
464464 16 liability imposed on the individual's homestead property.
465465 17 (2) For property taxes first due and payable in 2027, an
466466 18 amount equal to forty percent (40%) of the property tax
467467 19 liability imposed on the individual's homestead property.
468468 20 (3) For property taxes first due and payable in 2028, an
469469 21 amount equal to sixty percent (60%) of the property tax
470470 22 liability imposed on the individual's homestead property.
471471 23 (4) For property taxes first due and payable in 2029, an
472472 24 amount equal to eighty percent (80%) of the property tax
473473 25 liability imposed on the individual's homestead property.
474474 26 (5) For property taxes first due and payable in 2030 and for
475475 27 each year thereafter, an amount equal to one hundred percent
476476 28 (100%) of the property tax liability imposed on the
477477 29 individual's homestead property.
478478 30 (d) An individual may claim the credit provided by this section
479479 31 on a form prescribed by the department. The department may
480480 32 modify an existing form or prescribe a new form on which the
481481 33 individual may claim the credit.
482482 34 (e) The auditor of each county shall, in a particular year, apply
483483 35 a credit provided under this section to each individual who
484484 36 received the credit in the preceding year.
485485 37 SECTION 8. IC 6-1.1-36-17, AS AMENDED BY P.L.85-2017,
486486 38 SECTION 21, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
487487 39 UPON PASSAGE]: Sec. 17. (a) As used in this section, "nonreverting
488488 40 fund" refers to a nonreverting fund established under subsection (d).
489489 41 (b) If a county auditor makes a determination that property was not
490490 42 eligible for a standard deduction under IC 6-1.1-12-37 in a particular
491491 2025 IN 1075—LS 6563/DI 120 12
492492 1 year within three (3) years after the date on which taxes for the
493493 2 particular year are first due, the county auditor may issue a notice of
494494 3 taxes, interest, and penalties due to the owner that improperly received
495495 4 the standard deduction and include a statement that the payment is to
496496 5 be made payable to the county auditor. The additional taxes and civil
497497 6 penalties that result from the removal of the deduction, if any, are
498498 7 imposed for property taxes first due and payable for an assessment date
499499 8 occurring before the earlier of the date of the notation made under
500500 9 subsection (c)(2)(A) or the date a notice of an ineligible homestead lien
501501 10 is recorded under subsection (e)(2) in the office of the county recorder.
502502 11 The notice must require full payment of the amount owed within:
503503 12 (1) one (1) year with no penalties and interest, if:
504504 13 (A) the taxpayer did not comply with the requirement to return
505505 14 the homestead verification form under IC 6-1.1-22-8.1(b)(9)
506506 15 (expired January 1, 2015); and
507507 16 (B) the county auditor allowed the taxpayer to receive the
508508 17 standard deduction in error; or
509509 18 (2) thirty (30) days, if subdivision (1) does not apply.
510510 19 With respect to property subject to a determination made under this
511511 20 subsection that is owned by a bona fide purchaser without knowledge
512512 21 of the determination, no lien attaches for any additional taxes and civil
513513 22 penalties that result from the removal of the deduction.
514514 23 (c) If a county auditor issues a notice of taxes, interest, and penalties
515515 24 due to an owner under subsection (b), the county auditor shall:
516516 25 (1) notify the county treasurer of the determination; and
517517 26 (2) do one (1) or more of the following:
518518 27 (A) Make a notation on the tax duplicate that the property is
519519 28 ineligible for the standard deduction and indicate the date the
520520 29 notation is made.
521521 30 (B) Record a notice of an ineligible homestead lien under
522522 31 subsection (e)(2).
523523 32 (d) Each county auditor shall establish a nonreverting fund. Upon
524524 33 collection of the adjustment in tax due (and any interest and penalties
525525 34 on that amount) after the termination of a deduction or credit as
526526 35 specified in subsection (b), the county treasurer shall deposit that
527527 36 amount:
528528 37 (1) in the nonreverting fund, if the county contains a consolidated
529529 38 city; or
530530 39 (2) if the county does not contain a consolidated city:
531531 40 (A) in the nonreverting fund, to the extent that the amount
532532 41 collected, after deducting the direct cost of any contract,
533533 42 including contract related expenses, under which the
534534 2025 IN 1075—LS 6563/DI 120 13
535535 1 contractor is required to identify homestead deduction
536536 2 eligibility, does not cause the total amount deposited in the
537537 3 nonreverting fund under this subsection for the year during
538538 4 which the amount is collected to exceed one hundred thousand
539539 5 dollars ($100,000); or
540540 6 (B) in the county general fund, to the extent that the amount
541541 7 collected exceeds the amount that may be deposited in the
542542 8 nonreverting fund under clause (A).
543543 9 (e) Any part of the amount due under subsection (b) that is not
544544 10 collected by the due date is subject to collection under one (1) or more
545545 11 of the following:
546546 12 (1) After being placed on the tax duplicate for the affected
547547 13 property and collected in the same manner as other property taxes.
548548 14 (2) Through a notice of an ineligible homestead lien recorded in
549549 15 the county recorder's office without charge.
550550 16 The adjustment in tax due (and any interest and penalties on that
551551 17 amount) after the termination of a deduction or credit as specified in
552552 18 subsection (b) shall be deposited as specified in subsection (d) only in
553553 19 the first year in which that amount is collected. Upon the collection of
554554 20 the amount due under subsection (b) or the release of a lien recorded
555555 21 under subdivision (2), the county auditor shall submit the appropriate
556556 22 documentation to the county recorder, who shall amend the information
557557 23 recorded under subdivision (2) without charge to indicate that the lien
558558 24 has been released or the amount has been paid in full.
559559 25 (f) The amount to be deposited in the nonreverting fund or the
560560 26 county general fund under subsection (d) includes adjustments in the
561561 27 tax due as a result of the termination of deductions or credits available
562562 28 only for property that satisfies the eligibility for a standard deduction
563563 29 under IC 6-1.1-12-37, including the following:
564564 30 (1) Supplemental deductions under IC 6-1.1-12-37.5.
565565 31 (2) Homestead credits under IC 6-1.1-20.4, IC 6-3.6-5,
566566 32 IC 6-3.6-11-3, or any other law.
567567 33 (3) Credit for excessive property taxes under any of the
568568 34 following:
569569 35 (A) IC 6-1.1-20.6-7.5. or
570570 36 (B) IC 6-1.1-20.6-8.5 (before its expiration).
571571 37 (C) IC 6-1.1-20.6-8.6.
572572 38 Any amount paid that exceeds the amount required to be deposited
573573 39 under subsection (d)(1) or (d)(2) shall be distributed as property taxes.
574574 40 (g) Money deposited under subsection (d)(1) or (d)(2) shall be
575575 41 treated as miscellaneous revenue. Distributions shall be made from the
576576 42 nonreverting fund established under this section upon appropriation by
577577 2025 IN 1075—LS 6563/DI 120 14
578578 1 the county fiscal body and shall be made only for the following
579579 2 purposes:
580580 3 (1) Fees and other costs incurred by the county auditor to discover
581581 4 property that is eligible for a standard deduction under
582582 5 IC 6-1.1-12-37.
583583 6 (2) Other expenses of the office of the county auditor.
584584 7 The amount of deposits in a reverting fund, the balance of a
585585 8 nonreverting fund, and expenditures from a reverting fund may not be
586586 9 considered in establishing the budget of the office of the county auditor
587587 10 or in setting property tax levies that will be used in any part to fund the
588588 11 office of the county auditor.
589589 12 SECTION 9. IC 6-1.1-49-6, AS ADDED BY P.L.95-2023,
590590 13 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
591591 14 UPON PASSAGE]: Sec. 6. (a) A qualified individual who desires to
592592 15 claim the credit under this chapter must apply for the credit by filing a
593593 16 certified statement on forms prescribed by the department of local
594594 17 government finance with the county auditor. However, a qualified
595595 18 individual who remains eligible for the credit in the following year is
596596 19 not required to file a statement to apply for the credit in the following
597597 20 year.
598598 21 (b) An individual who has a credit provided under this chapter
599599 22 applied to the individual's property tax liability in a particular calendar
600600 23 year may not also have a credit under IC 6-1.1-20.6-8.5 (before its
601601 24 expiration) or IC 6-1.1-20.6-8.6 applied to the individual's property
602602 25 tax liability in the same calendar year.
603603 26 (c) Not more than one (1) credit may be claimed under this chapter
604604 27 with respect to a particular homestead by any qualified individual.
605605 28 SECTION 10. [EFFECTIVE UPON PASSAGE] (a)
606606 29 IC 6-1.1-20.6-3, IC 6-1.1-20.6-8, IC 6-1.1-20.6-8.5, IC 6-1.1-36-17,
607607 30 and IC 6-1.1-49-6, all as amended by this act, apply to property
608608 31 taxes first due and payable after December 31, 2025.
609609 32 (b) IC 6-1.1-20.6-8.6, as added by this act, applies to property
610610 33 taxes first due and payable after December 31, 2025.
611611 34 (c) This SECTION expires December 31, 2029.
612612 35 SECTION 11. An emergency is declared for this act.
613613 2025 IN 1075—LS 6563/DI 120