1 | 1 | | |
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2 | 2 | | Introduced Version |
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3 | 3 | | HOUSE BILL No. 1229 |
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4 | 4 | | _____ |
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5 | 5 | | DIGEST OF INTRODUCED BILL |
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6 | 6 | | Citations Affected: IC 3-8-1-23; IC 3-10-2-13; IC 3-11-2-12; |
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7 | 7 | | IC 3-13-10-3; IC 6-1.1; IC 6-1.2; IC 6-2.5; IC 6-3.6-5-1; |
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8 | 8 | | IC 8-22-3.5-0.5; IC 20-46; IC 36-2-15; IC 36-6-5; IC 36-7; |
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9 | 9 | | IC 36-7.5-4.5-0.2. |
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10 | 10 | | Synopsis: Local government finance. Abolishes the assessment of |
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11 | 11 | | tangible property after December 31, 2025, and the imposition of |
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12 | 12 | | property taxes after December 31, 2026. Provides that a political |
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13 | 13 | | subdivision may not issue any new bonds, notes, or warrants, or enter |
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14 | 14 | | into any leases or obligations to be paid from property tax revenue, or |
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15 | 15 | | that include a pledge to levy property taxes if other funds are |
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16 | 16 | | insufficient. Provides that: (1) no property tax increment financing |
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17 | 17 | | district or allocation area may be established, amended, or renewed; |
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18 | 18 | | and (2) no bonds, leases, or other obligations may be issued, entered |
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19 | 19 | | into, or extended for a property tax increment financing district or |
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20 | 20 | | allocation area. Provides that a school corporation may impose an |
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21 | 21 | | annual fee to replace the loss of revenue previously collected by the |
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22 | 22 | | school corporation from the imposition of an operating referendum tax |
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23 | 23 | | levy or school safety referendum tax levy. Prescribes procedures for the |
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24 | 24 | | fixing and reviewing of a political subdivision's budget. Prohibits the |
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25 | 25 | | imposition of new levies for controlled projects, operating referenda, |
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26 | 26 | | and school safety referenda. Abolishes the offices of county assessor |
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27 | 27 | | and township assessor. Extends the sales and use tax application to |
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28 | 28 | | (Continued next page) |
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29 | 29 | | Effective: Upon passage; July 1, 2025; July 1, 2026; January 1, 2027. |
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30 | 30 | | Prescott, Haggard |
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31 | 31 | | January 9, 2025, read first time and referred to Committee on Ways and Means. |
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32 | 32 | | 2025 IN 1229—LS 7042/DI 125 Digest Continued |
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33 | 33 | | transactions involving services, except for health or mental health |
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34 | 34 | | services (including insurance premiums for policies covering these |
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35 | 35 | | services) and services provided for charitable tax exempt purposes. |
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36 | 36 | | Establishes the local revenue sharing fund (fund) into which revenue |
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37 | 37 | | from the portion of revenue from the extended sales and use tax is to |
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38 | 38 | | be deposited. Requires the state comptroller to distribute to taxing units |
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39 | 39 | | the portion of all the state sales and use tax revenue attributable to |
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40 | 40 | | services from the fund. Continually appropriates money from the fund. |
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41 | 41 | | Requires the legislative services agency to prepare legislation for |
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42 | 42 | | introduction in the 2026 regular session of the general assembly to |
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43 | 43 | | make appropriate required changes in statutes. Makes corresponding |
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44 | 44 | | changes. |
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45 | 45 | | 2025 IN 1229—LS 7042/DI 1252025 IN 1229—LS 7042/DI 125 Introduced |
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46 | 46 | | First Regular Session of the 124th General Assembly (2025) |
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47 | 47 | | PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana |
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48 | 48 | | Constitution) is being amended, the text of the existing provision will appear in this style type, |
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49 | 49 | | additions will appear in this style type, and deletions will appear in this style type. |
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50 | 50 | | Additions: Whenever a new statutory provision is being enacted (or a new constitutional |
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51 | 51 | | provision adopted), the text of the new provision will appear in this style type. Also, the |
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52 | 52 | | word NEW will appear in that style type in the introductory clause of each SECTION that adds |
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53 | 53 | | a new provision to the Indiana Code or the Indiana Constitution. |
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54 | 54 | | Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts |
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55 | 55 | | between statutes enacted by the 2024 Regular Session of the General Assembly. |
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56 | 56 | | HOUSE BILL No. 1229 |
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57 | 57 | | A BILL FOR AN ACT to amend the Indiana Code concerning |
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58 | 58 | | taxation and to make an appropriation. |
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59 | 59 | | Be it enacted by the General Assembly of the State of Indiana: |
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60 | 60 | | 1 SECTION 1. IC 3-8-1-23, AS AMENDED BY P.L.167-2015, |
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61 | 61 | | 2 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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62 | 62 | | 3 JULY 1, 2025]: Sec. 23. This section does not apply to elections in |
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63 | 63 | | 4 2026 and thereafter. A candidate for the office of county assessor |
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64 | 64 | | 5 must satisfy the following: |
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65 | 65 | | 6 (1) The candidate must have resided in the county for at least one |
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66 | 66 | | 7 (1) year before the election, as provided in Article 6, Section 4 of |
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67 | 67 | | 8 the Constitution of the State of Indiana. |
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68 | 68 | | 9 (2) The candidate must own real property located in the county |
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69 | 69 | | 10 upon taking office. |
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70 | 70 | | 11 SECTION 2. IC 3-10-2-13, AS AMENDED BY P.L.278-2019, |
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71 | 71 | | 12 SECTION 41, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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72 | 72 | | 13 JULY 1, 2025]: Sec. 13. The following public officials shall be elected |
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73 | 73 | | 14 at the general election before their terms of office expire and every four |
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74 | 74 | | 15 (4) years thereafter: |
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75 | 75 | | 2025 IN 1229—LS 7042/DI 125 2 |
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76 | 76 | | 1 (1) Clerk of the circuit court. |
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77 | 77 | | 2 (2) County auditor. |
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78 | 78 | | 3 (3) County recorder. |
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79 | 79 | | 4 (4) County treasurer. |
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80 | 80 | | 5 (5) County sheriff. |
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81 | 81 | | 6 (6) County coroner. |
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82 | 82 | | 7 (7) County surveyor. |
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83 | 83 | | 8 (8) County assessor. This subdivision does not apply to |
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84 | 84 | | 9 elections in 2026 and thereafter. |
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85 | 85 | | 10 (9) County commissioner. |
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86 | 86 | | 11 (10) County council member. |
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87 | 87 | | 12 (11) Township trustee. |
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88 | 88 | | 13 (12) Township board member. |
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89 | 89 | | 14 (13) Township assessor (only in a township referred to in |
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90 | 90 | | 15 IC 36-6-5-1(d)). This subdivision does not apply to elections in |
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91 | 91 | | 16 2026 and thereafter. |
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92 | 92 | | 17 (14) Judge of a small claims court. |
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93 | 93 | | 18 (15) Constable of a small claims court. |
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94 | 94 | | 19 SECTION 3. IC 3-11-2-12, AS AMENDED BY P.L.227-2023, |
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95 | 95 | | 20 SECTION 67, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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96 | 96 | | 21 JULY 1, 2025]: Sec. 12. (a) The following offices shall be placed on |
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97 | 97 | | 22 the general election ballot in the following order after the public |
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98 | 98 | | 23 questions described in section 10(a) of this chapter: |
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99 | 99 | | 24 (1) Federal and state offices: |
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100 | 100 | | 25 (A) President and Vice President of the United States. |
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101 | 101 | | 26 (B) United States Senator. |
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102 | 102 | | 27 (C) Governor and lieutenant governor. |
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103 | 103 | | 28 (D) Secretary of state. |
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104 | 104 | | 29 (E) Auditor of state. |
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105 | 105 | | 30 (F) Treasurer of state. |
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106 | 106 | | 31 (G) Attorney general. |
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107 | 107 | | 32 (H) United States Representative. If an election to fill a |
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108 | 108 | | 33 vacancy in an office of United States Representative under |
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109 | 109 | | 34 IC 3-10-8 is held on the same day as the election for the next |
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110 | 110 | | 35 term of the same office, the ballot shall list the election to fill |
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111 | 111 | | 36 the vacancy in the office immediately after the election for the |
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112 | 112 | | 37 next term of the office. |
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113 | 113 | | 38 (2) Legislative offices: |
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114 | 114 | | 39 (A) State senator. |
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115 | 115 | | 40 (B) State representative. |
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116 | 116 | | 41 (3) Circuit offices and county judicial offices: |
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117 | 117 | | 42 (A) Judge of the circuit court, and unless otherwise specified |
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118 | 118 | | 2025 IN 1229—LS 7042/DI 125 3 |
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119 | 119 | | 1 under IC 33, with each division separate if there is more than |
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120 | 120 | | 2 one (1) judge of the circuit court. |
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121 | 121 | | 3 (B) Judge of the superior court, and unless otherwise specified |
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122 | 122 | | 4 under IC 33, with each division separate if there is more than |
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123 | 123 | | 5 one (1) judge of the superior court. |
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124 | 124 | | 6 (C) Judge of the probate court. |
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125 | 125 | | 7 (D) Prosecuting attorney. |
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126 | 126 | | 8 (E) Clerk of the circuit court. |
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127 | 127 | | 9 (4) County offices: |
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128 | 128 | | 10 (A) County auditor. |
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129 | 129 | | 11 (B) County recorder. |
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130 | 130 | | 12 (C) County treasurer. |
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131 | 131 | | 13 (D) County sheriff. |
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132 | 132 | | 14 (E) County coroner. |
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133 | 133 | | 15 (F) County surveyor. |
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134 | 134 | | 16 (G) County assessor. This clause does not apply to elections |
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135 | 135 | | 17 in 2026 and thereafter. |
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136 | 136 | | 18 (H) County commissioner. |
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137 | 137 | | 19 (I) County council member. |
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138 | 138 | | 20 (5) Township offices: |
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139 | 139 | | 21 (A) Township assessor (only in a township referred to in |
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140 | 140 | | 22 IC 36-6-5-1(d)). This clause does not apply to elections in |
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141 | 141 | | 23 2026 and thereafter. |
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142 | 142 | | 24 (B) Township trustee. |
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143 | 143 | | 25 (C) Township board member. |
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144 | 144 | | 26 (D) Judge of the small claims court. |
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145 | 145 | | 27 (E) Constable of the small claims court. |
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146 | 146 | | 28 (6) City offices: |
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147 | 147 | | 29 (A) Mayor. |
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148 | 148 | | 30 (B) Clerk or clerk-treasurer. |
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149 | 149 | | 31 (C) Judge of the city court. |
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150 | 150 | | 32 (D) City-county council member or common council member. |
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151 | 151 | | 33 (7) Town offices: |
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152 | 152 | | 34 (A) Clerk-treasurer. |
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153 | 153 | | 35 (B) Judge of the town court. |
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154 | 154 | | 36 (C) Town council member. |
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155 | 155 | | 37 (b) If a major political party does not nominate a candidate for an |
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156 | 156 | | 38 office on a general, municipal, or special election ballot then the county |
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157 | 157 | | 39 election board may print "NO CANDIDATE FILED" in the place on |
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158 | 158 | | 40 the ballot where the name of the major political party's nominee would |
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159 | 159 | | 41 be printed. |
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160 | 160 | | 42 SECTION 4. IC 3-13-10-3 IS REPEALED [EFFECTIVE JULY 1, |
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161 | 161 | | 2025 IN 1229—LS 7042/DI 125 4 |
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162 | 162 | | 1 2025]. Sec. 3. (a) This section applies to a vacancy in the office of |
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163 | 163 | | 2 township assessor not covered by section 1 of this chapter. |
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164 | 164 | | 3 (b) A vacancy shall be filled by the county assessor, subject to the |
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165 | 165 | | 4 approval of the department of local government finance. Except as |
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166 | 166 | | 5 provided in subsection (c), the county assessor shall make the |
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167 | 167 | | 6 appointment not later than thirty (30) days after the vacancy occurs. If |
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168 | 168 | | 7 the vacancy occurred because the elected township assessor failed to |
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169 | 169 | | 8 qualify or was removed, the person who is appointed must be of the |
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170 | 170 | | 9 same political party as the elected township assessor. |
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171 | 171 | | 10 (c) If a vacancy exists because of the death of the township assessor, |
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172 | 172 | | 11 the county assessor shall make the appointment required by subsection |
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173 | 173 | | 12 (b) not later than thirty (30) days after the county assessor receives |
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174 | 174 | | 13 notice of the death under IC 5-8-6. The county assessor may not fill the |
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175 | 175 | | 14 vacancy as required by subsection (b) until the county assessor receives |
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176 | 176 | | 15 notice of the death under IC 5-8-6. |
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177 | 177 | | 16 SECTION 5. IC 6-1.1-1-24 IS REPEALED [EFFECTIVE JULY 1, |
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178 | 178 | | 17 2025]. Sec. 24. If a transfer from a township assessor to the county |
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179 | 179 | | 18 assessor of the assessment duties prescribed by this article occurs as |
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180 | 180 | | 19 described in IC 36-2-15-5(c), a reference to the township assessor in |
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181 | 181 | | 20 this article is considered to be a reference to the county assessor. |
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182 | 182 | | 21 SECTION 6. IC 6-1.1-2-1 IS AMENDED TO READ AS |
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183 | 183 | | 22 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 1. (a) Except as |
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184 | 184 | | 23 otherwise provided by law, Before January 1, 2026, and subject to |
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185 | 185 | | 24 subsection (b), all tangible property which is within the jurisdiction of |
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186 | 186 | | 25 this state on the assessment date of a year is subject to assessment and |
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187 | 187 | | 26 taxation for that year. Notwithstanding any other law, tangible |
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188 | 188 | | 27 property which is within the jurisdiction of this state may not be |
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189 | 189 | | 28 assessed after December 31, 2025, and property taxes on tangible |
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190 | 190 | | 29 property may not be first imposed or first due after December 31, |
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191 | 191 | | 30 2026. |
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192 | 192 | | 31 (b) Nothing in this section may be construed as limiting or |
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193 | 193 | | 32 otherwise affecting: |
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194 | 194 | | 33 (1) the collection of any property taxes or penalties imposed; |
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195 | 195 | | 34 or |
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196 | 196 | | 35 (2) any property tax exemptions or property tax deductions |
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197 | 197 | | 36 allowed; |
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198 | 198 | | 37 under this article or any other law before January 1, 2027. |
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199 | 199 | | 38 SECTION 7. IC 6-1.1-2-1.5, AS ADDED BY P.L.111-2014, |
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200 | 200 | | 39 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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201 | 201 | | 40 JULY 1, 2025]: Sec. 1.5. (a) Except as provided in subsection (b), the |
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202 | 202 | | 41 annual assessment date for tangible property is: |
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203 | 203 | | 42 (1) March 1 in a year ending before January 1, 2016; and |
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204 | 204 | | 2025 IN 1229—LS 7042/DI 125 5 |
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205 | 205 | | 1 (2) January 1 in a year beginning after December 31, 2015, and |
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206 | 206 | | 2 ending before January 1, 2026. |
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207 | 207 | | 3 (b) This subsection applies to mobile homes (including |
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208 | 208 | | 4 manufactured homes) subject to assessment under IC 6-1.1-7. Mobile |
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209 | 209 | | 5 homes are assessed in the year following the year containing the related |
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210 | 210 | | 6 assessment date for other property. The annual assessment date for |
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211 | 211 | | 7 mobile homes is: |
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212 | 212 | | 8 (1) January 15 in a year ending before January 1, 2017; and |
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213 | 213 | | 9 (2) January 1 in a year beginning after December 31, 2016, and |
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214 | 214 | | 10 ending before January 1, 2026. |
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215 | 215 | | 11 SECTION 8. IC 6-1.1-2-3 IS REPEALED [EFFECTIVE JANUARY |
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216 | 216 | | 12 1, 2027]. Sec. 3. The total tax rate to be imposed on each one hundred |
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217 | 217 | | 13 dollars ($100) of the assessed value of property shall be determined in |
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218 | 218 | | 14 the manner provided by law. Property tax revenues shall be used for |
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219 | 219 | | 15 state expenditures and for the support of the political subdivisions of |
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220 | 220 | | 16 this state. |
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221 | 221 | | 17 SECTION 9. IC 6-1.1-3-1, AS AMENDED BY P.L.249-2015, |
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222 | 222 | | 18 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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223 | 223 | | 19 JULY 1, 2025]: Sec. 1. (a) Before January 1, 2026, and except as |
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224 | 224 | | 20 provided in subsection (c), personal property which is owned by a |
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225 | 225 | | 21 person who is a resident of this state shall be assessed at the place |
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226 | 226 | | 22 where the owner resides on the assessment date of the year for which |
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227 | 227 | | 23 the assessment is made. |
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228 | 228 | | 24 (b) Before January 1, 2026, and except as provided in subsection |
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229 | 229 | | 25 (c), personal property which is owned by a person who is not a resident |
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230 | 230 | | 26 of this state shall be assessed at the place where the owner's principal |
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231 | 231 | | 27 office within this state is located on the assessment date of the year for |
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232 | 232 | | 28 which the assessment is made. |
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233 | 233 | | 29 (c) Before January 1, 2026, personal property shall be assessed at |
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234 | 234 | | 30 the place where it is situated on the assessment date of the year for |
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235 | 235 | | 31 which the assessment is made if the property is: |
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236 | 236 | | 32 (1) regularly used or permanently located where it is situated; or |
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237 | 237 | | 33 (2) owned by a nonresident who does not have a principal office |
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238 | 238 | | 34 within this state. |
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239 | 239 | | 35 (d) If a personal property return is filed pursuant to subsection (c), |
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240 | 240 | | 36 the owner of the property shall provide, within forty-five (45) days after |
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241 | 241 | | 37 the filing deadline, a copy or other written evidence of the filing of the |
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242 | 242 | | 38 return to the assessor of the county in which the owner resides. If such |
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243 | 243 | | 39 evidence is not filed within forty-five (45) days after the filing |
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244 | 244 | | 40 deadline, the county assessor for the area where the owner resides shall |
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245 | 245 | | 41 determine if the owner filed a personal property return in the township |
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246 | 246 | | 42 or county where the property is situated. If such a return was filed, the |
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247 | 247 | | 2025 IN 1229—LS 7042/DI 125 6 |
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248 | 248 | | 1 property shall be assessed where it is situated. If such a return was not |
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249 | 249 | | 2 filed, the county assessor for the area where the owner resides shall |
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250 | 250 | | 3 notify the assessor of the township or county where the property is |
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251 | 251 | | 4 situated, and the property shall be assessed where it is situated. This |
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252 | 252 | | 5 subsection does not apply to a taxpayer who is required by the |
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253 | 253 | | 6 department of local government finance to file a summary of the |
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254 | 254 | | 7 taxpayer's business tangible personal property returns. |
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255 | 255 | | 8 SECTION 10. IC 6-1.1-15-1.1, AS AMENDED BY P.L.9-2024, |
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256 | 256 | | 9 SECTION 167, IS AMENDED TO READ AS FOLLOWS |
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257 | 257 | | 10 [EFFECTIVE UPON PASSAGE]: Sec. 1.1. (a) A taxpayer may appeal |
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258 | 258 | | 11 an assessment of a taxpayer's tangible property by filing a notice in |
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259 | 259 | | 12 writing with, before May 10, 2025, the township assessor, or the |
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260 | 260 | | 13 county assessor if the township is not served by a township assessor, |
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261 | 261 | | 14 and after May 9, 2025, with the county auditor. Except as provided |
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262 | 262 | | 15 in subsections (e) and (h), an appeal under this section may raise any |
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263 | 263 | | 16 claim of an error related to the following: |
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264 | 264 | | 17 (1) The assessed value of the property. |
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265 | 265 | | 18 (2) The assessment was against the wrong person. |
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266 | 266 | | 19 (3) The approval denial or omission of a deduction, credit, |
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267 | 267 | | 20 exemption, abatement, or tax cap. |
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268 | 268 | | 21 (4) A clerical, mathematical, or typographical mistake. |
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269 | 269 | | 22 (5) The description of the real property. |
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270 | 270 | | 23 (6) The legality or constitutionality of a property tax or |
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271 | 271 | | 24 assessment. |
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272 | 272 | | 25 A written notice under this section must be made on a form designated |
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273 | 273 | | 26 by the department of local government finance. A taxpayer must file a |
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274 | 274 | | 27 separate petition for each parcel. |
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275 | 275 | | 28 (b) A taxpayer may appeal an error in the assessed value of the |
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276 | 276 | | 29 property under subsection (a)(1) any time after the official's action, but |
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277 | 277 | | 30 not later than the following: |
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278 | 278 | | 31 (1) For assessments before January 1, 2019, the earlier of: |
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279 | 279 | | 32 (A) forty-five (45) days after the date on which the notice of |
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280 | 280 | | 33 assessment is mailed by the county; or |
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281 | 281 | | 34 (B) forty-five (45) days after the date on which the tax |
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282 | 282 | | 35 statement is mailed by the county treasurer, regardless of |
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283 | 283 | | 36 whether the assessing official changes the taxpayer's |
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284 | 284 | | 37 assessment. |
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285 | 285 | | 38 (2) For assessments of real property, after December 31, 2018, the |
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286 | 286 | | 39 earlier of: |
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287 | 287 | | 40 (A) June 15 of the assessment year, if the notice of assessment |
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288 | 288 | | 41 is mailed by the county before May 1 of the assessment year; |
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289 | 289 | | 42 or |
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290 | 290 | | 2025 IN 1229—LS 7042/DI 125 7 |
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291 | 291 | | 1 (B) June 15 of the year in which the tax statement is mailed by |
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292 | 292 | | 2 the county treasurer, if the notice of assessment is mailed by |
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293 | 293 | | 3 the county on or after May 1 of the assessment year. |
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294 | 294 | | 4 (3) For assessments of personal property, forty-five (45) days after |
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295 | 295 | | 5 the date on which the county mails the notice under |
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296 | 296 | | 6 IC 6-1.1-3-20. |
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297 | 297 | | 7 A taxpayer may appeal an error in the assessment under subsection |
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298 | 298 | | 8 (a)(2), (a)(3), (a)(4), (a)(5), or (a)(6) not later than three (3) years after |
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299 | 299 | | 9 the taxes were first due. |
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300 | 300 | | 10 (c) Except as provided in subsection (d), an appeal under this |
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301 | 301 | | 11 section applies only to the tax year corresponding to the tax statement |
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302 | 302 | | 12 or other notice of action. |
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303 | 303 | | 13 (d) An appeal under this section applies to a prior tax year if a |
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304 | 304 | | 14 county official took action regarding a prior tax year, and such action |
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305 | 305 | | 15 is reflected for the first time in the tax statement. A taxpayer who has |
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306 | 306 | | 16 timely filed a written notice of appeal under this section may be |
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307 | 307 | | 17 required to file a petition for each tax year, and each petition filed later |
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308 | 308 | | 18 must be considered timely. |
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309 | 309 | | 19 (e) A taxpayer may not appeal under this section any claim of error |
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310 | 310 | | 20 related to the following: |
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311 | 311 | | 21 (1) The denial of a deduction, exemption, abatement, or credit if |
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312 | 312 | | 22 the authority to approve or deny is not vested in the county board, |
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313 | 313 | | 23 county auditor, county assessor, or township assessor. |
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314 | 314 | | 24 (2) The calculation of interest and penalties. |
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315 | 315 | | 25 (3) A matter under subsection (a) if a separate appeal or review |
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316 | 316 | | 26 process is statutorily prescribed. |
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317 | 317 | | 27 However, a claim may be raised under this section regarding the |
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318 | 318 | | 28 omission or application of a deduction approved by an authority other |
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319 | 319 | | 29 than the county board, county auditor, county assessor, or township |
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320 | 320 | | 30 assessor. |
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321 | 321 | | 31 (f) The filing of a written notice under this section constitutes a |
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322 | 322 | | 32 request by the taxpayer for a preliminary informal meeting with: |
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323 | 323 | | 33 (1) in the case of a notice filed before May 10, 2025, the |
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324 | 324 | | 34 township assessor, or the county assessor if the township is not |
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325 | 325 | | 35 served by a township assessor; and |
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326 | 326 | | 36 (2) in the case of a notice filed after May 9, 2025, the county |
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327 | 327 | | 37 auditor. |
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328 | 328 | | 38 (g) A county or township official, or county auditor, as applicable, |
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329 | 329 | | 39 who receives a written notice under this section shall forward the |
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330 | 330 | | 40 notice to: |
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331 | 331 | | 41 (1) the county board; and |
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332 | 332 | | 42 (2) in the case of a notice filed with a county or township |
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333 | 333 | | 2025 IN 1229—LS 7042/DI 125 8 |
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334 | 334 | | 1 official before May 10, 2025, the county auditor. if the taxpayer |
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335 | 335 | | 2 raises a claim regarding a matter that is in the discretion of the |
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336 | 336 | | 3 county auditor. |
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337 | 337 | | 4 (h) A taxpayer may not raise any claim in an appeal under this |
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338 | 338 | | 5 section related to the legality or constitutionality of: |
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339 | 339 | | 6 (1) a user fee (as defined in IC 33-23-1-10.5); |
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340 | 340 | | 7 (2) any other charge, fee, or rate imposed by a political |
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341 | 341 | | 8 subdivision under any other law; or |
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342 | 342 | | 9 (3) any tax imposed by a political subdivision other than a |
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343 | 343 | | 10 property tax. |
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344 | 344 | | 11 (i) This subsection applies only to an appeal based on a claim of |
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345 | 345 | | 12 error in the determination of property that is or is not eligible for a |
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346 | 346 | | 13 standard homestead deduction under IC 6-1.1-12-37 and only for an |
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347 | 347 | | 14 assessment date occurring before January 1, 2024. A taxpayer may |
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348 | 348 | | 15 appeal an error in the assessment of property as described in this |
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349 | 349 | | 16 subsection any time after the official's action, but not later than one (1) |
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350 | 350 | | 17 year after the date on which the property that is the subject of the |
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351 | 351 | | 18 appeal was assessed. |
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352 | 352 | | 19 SECTION 11. IC 6-1.1-15-1.2, AS AMENDED BY P.L.9-2024, |
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353 | 353 | | 20 SECTION 168, IS AMENDED TO READ AS FOLLOWS |
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354 | 354 | | 21 [EFFECTIVE UPON PASSAGE]: Sec. 1.2. (a) A county or township |
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355 | 355 | | 22 official, or county auditor, as applicable, who receives a written |
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356 | 356 | | 23 notice under section 1.1 of this chapter shall schedule, at a time during |
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357 | 357 | | 24 business hours that is convenient to the taxpayer, a preliminary |
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358 | 358 | | 25 informal meeting with the taxpayer in order to resolve the appeal. If the |
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359 | 359 | | 26 taxpayer raises a claim regarding a matter that is in the discretion of the |
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360 | 360 | | 27 county auditor, the An informal meeting held after May 9, 2025, must |
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361 | 361 | | 28 include the county auditor, if the county auditor did not receive the |
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362 | 362 | | 29 written notice under section 1.1 of this chapter. At the preliminary |
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363 | 363 | | 30 informal meeting, in order to facilitate understanding and the resolution |
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364 | 364 | | 31 of disputed issues: |
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365 | 365 | | 32 (1) a county or township official; |
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366 | 366 | | 33 (2) the county auditor; if the matter is in the discretion of the |
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367 | 367 | | 34 county auditor; and |
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368 | 368 | | 35 (3) the taxpayer; |
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369 | 369 | | 36 shall exchange the information that each party is relying on at the time |
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370 | 370 | | 37 of the preliminary informal meeting to support the party's respective |
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371 | 371 | | 38 position on each disputed issue concerning the assessment or |
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372 | 372 | | 39 deduction. If additional information is obtained by the county or |
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373 | 373 | | 40 township official, the county auditor, or the taxpayer after the |
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374 | 374 | | 41 preliminary informal meeting and before the hearing held by the county |
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375 | 375 | | 42 board, the party obtaining the information shall provide the information |
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376 | 376 | | 2025 IN 1229—LS 7042/DI 125 9 |
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377 | 377 | | 1 to the other party. If the county or township official, the county auditor, |
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378 | 378 | | 2 or the taxpayer obtains additional information and provides the |
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379 | 379 | | 3 information to the other party for the first time at the hearing held by |
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380 | 380 | | 4 the county board, the county board, unless waived by the receiving |
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381 | 381 | | 5 party, shall continue the hearing until a future hearing date of the |
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382 | 382 | | 6 county board so that the receiving party has an opportunity to review |
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383 | 383 | | 7 all the information that the offering party is relying on to support the |
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384 | 384 | | 8 offering party's positions on the disputed issues concerning the |
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385 | 385 | | 9 assessment or deduction. |
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386 | 386 | | 10 (b) The official or county auditor, as applicable, shall report on a |
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387 | 387 | | 11 form prescribed by the department of local government finance the |
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388 | 388 | | 12 results of the informal meeting. If the taxpayer and the official or |
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389 | 389 | | 13 county auditor, as applicable, agree on the resolution of all issues in |
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390 | 390 | | 14 the appeal, the report shall state the agreed resolution of the matter and |
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391 | 391 | | 15 be signed by the official or county auditor, as applicable, and the |
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392 | 392 | | 16 taxpayer. If an informal meeting is not held, or the informal meeting is |
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393 | 393 | | 17 unsuccessful, the official or county auditor, as applicable, shall |
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394 | 394 | | 18 report those facts on the form. The official or county auditor, as |
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395 | 395 | | 19 applicable, shall forward the report on the informal meeting to the |
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396 | 396 | | 20 county board. |
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397 | 397 | | 21 (c) If the county board receives a report on the informal meeting |
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398 | 398 | | 22 indicating an agreed resolution of the matter, the county board shall |
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399 | 399 | | 23 vote to accept or deny the agreed resolution. If the county board accepts |
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400 | 400 | | 24 the agreed resolution, the county board shall issue a notification of final |
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401 | 401 | | 25 assessment determination adopting the agreed resolution and vacating |
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402 | 402 | | 26 the hearing if scheduled. |
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403 | 403 | | 27 (d) The county board, upon receipt of a written notice under section |
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404 | 404 | | 28 1.1 of this chapter, shall hold a hearing on the appeal not later than one |
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405 | 405 | | 29 hundred eighty (180) days after the filing date of the written notice. |
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406 | 406 | | 30 The county board shall, by mail, give at least thirty (30) days notice of |
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407 | 407 | | 31 the date, time, and place fixed for the hearing to the taxpayer, the |
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408 | 408 | | 32 county or township official with whom the taxpayer filed the written |
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409 | 409 | | 33 notice, and the county auditor. If the county board has notice that the |
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410 | 410 | | 34 taxpayer is represented by a third person, any hearing notice shall be |
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411 | 411 | | 35 mailed to the representative. |
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412 | 412 | | 36 (e) If good cause is shown, the county board shall grant a request for |
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413 | 413 | | 37 continuance filed in writing at least ten (10) days before the hearing, |
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414 | 414 | | 38 and reschedule the hearing under subsection (d). |
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415 | 415 | | 39 (f) A taxpayer may withdraw an appeal by filing a written request |
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416 | 416 | | 40 at least ten (10) days before the hearing. The county board shall issue |
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417 | 417 | | 41 a notification of final assessment determination indicating the |
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418 | 418 | | 42 withdrawal and no change in the assessment. A withdrawal waives a |
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419 | 419 | | 2025 IN 1229—LS 7042/DI 125 10 |
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420 | 420 | | 1 taxpayer's right to appeal to the Indiana board. |
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421 | 421 | | 2 (g) The county board shall determine an appeal without a hearing if |
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422 | 422 | | 3 requested by the taxpayer in writing at least twenty (20) days before the |
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423 | 423 | | 4 hearing. |
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424 | 424 | | 5 (h) If a taxpayer appeals the assessment of tangible property under |
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425 | 425 | | 6 section 1.1 of this chapter, the taxpayer is not required to have an |
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426 | 426 | | 7 appraisal of the property in order to initiate the appeal or prosecute the |
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427 | 427 | | 8 appeal. If the taxpayer presents an appraisal to the county board that: |
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428 | 428 | | 9 (1) is prepared by a certified appraiser in compliance with the |
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429 | 429 | | 10 Uniform Standards of Professional Appraisal Practice to |
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430 | 430 | | 11 determine the market value in use; |
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431 | 431 | | 12 (2) is addressed to the property owner or the assessor's office; |
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432 | 432 | | 13 (3) is commissioned for the purpose of the assessment appeal; and |
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433 | 433 | | 14 (4) has an effective date that is the same date as the date of the |
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434 | 434 | | 15 assessment that is the subject of the appeal; |
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435 | 435 | | 16 the value of the property contained in the appraisal is presumed to be |
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436 | 436 | | 17 correct. If the county board disagrees with the taxpayer's appraisal, the |
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437 | 437 | | 18 county board may seek review of the appraisal by a third party |
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438 | 438 | | 19 independent certified appraiser or obtain an independent appraisal |
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439 | 439 | | 20 report conducted by a certified appraiser in compliance with the |
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440 | 440 | | 21 Uniform Standards of Professional Appraisal Practice. If the county |
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441 | 441 | | 22 board's appraisal differs from the taxpayer's appraisal, the county board |
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442 | 442 | | 23 shall weigh the evidence and determine the true tax value of the |
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443 | 443 | | 24 property based on the totality of the probative evidence before the |
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444 | 444 | | 25 county board. The county board's determination of the property's true |
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445 | 445 | | 26 tax value may be higher or lower than the assessment but may not be |
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446 | 446 | | 27 lower than the lowest appraisal presented to or obtained by the county |
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447 | 447 | | 28 board, or higher than the highest appraisal presented to or obtained by |
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448 | 448 | | 29 the county board. After the assignment of value, the parties shall retain |
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449 | 449 | | 30 their rights to appeal the assessment or assessments to the Indiana |
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450 | 450 | | 31 board, which must hear the appeal de novo. |
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451 | 451 | | 32 (i) At a hearing under subsection (d), the taxpayer shall have the |
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452 | 452 | | 33 opportunity to present testimony and evidence regarding the matters on |
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453 | 453 | | 34 appeal. If the matters on appeal are in the discretion of the county |
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454 | 454 | | 35 auditor, The county auditor or the county auditor's representative shall |
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455 | 455 | | 36 attend the hearing. A county or township official, or the county auditor |
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456 | 456 | | 37 or the county auditor's representative, shall have an opportunity to |
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457 | 457 | | 38 present testimony and evidence regarding the matters on appeal. The |
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458 | 458 | | 39 county board may adjourn and continue the hearing to a later date in |
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459 | 459 | | 40 order to make a physical inspection or consider the evidence presented. |
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460 | 460 | | 41 (j) The county board shall determine the assessment by motion and |
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461 | 461 | | 42 majority vote. Except as provided in subsection (m), a county board |
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462 | 462 | | 2025 IN 1229—LS 7042/DI 125 11 |
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463 | 463 | | 1 may, based on the evidence before it, increase an assessment. The |
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464 | 464 | | 2 county board shall issue a written decision. Written notice of the |
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465 | 465 | | 3 decision shall be given to the township official, county official, county |
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466 | 466 | | 4 auditor, and the taxpayer. |
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467 | 467 | | 5 (k) If more than one hundred eighty (180) days have passed since |
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468 | 468 | | 6 the date the notice of appeal was filed, and the county board has not |
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469 | 469 | | 7 issued a determination, a taxpayer may initiate any appeal with the |
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470 | 470 | | 8 Indiana board of tax review under section 3 of this chapter. |
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471 | 471 | | 9 (l) The county assessor or county auditor, as applicable, may |
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472 | 472 | | 10 assess a penalty of fifty dollars ($50) against the taxpayer if the |
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473 | 473 | | 11 taxpayer or representative fails to appear at a hearing under subsection |
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474 | 474 | | 12 (d) and, under subsection (e), the taxpayer's request for continuance is |
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475 | 475 | | 13 denied, or the taxpayer's request for continuance, request for the board |
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476 | 476 | | 14 to take action without a hearing, or withdrawal is not timely filed. A |
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477 | 477 | | 15 taxpayer may appeal the assessment of the penalty to the Indiana board |
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478 | 478 | | 16 or directly to the tax court. The penalty may not be added as an amount |
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479 | 479 | | 17 owed on the property tax statement under IC 6-1.1-22 or IC 6-1.1-22.5. |
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480 | 480 | | 18 (m) The determination of an appealed assessed value of tangible |
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481 | 481 | | 19 property by a county or township official, or county auditor, as |
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482 | 482 | | 20 applicable, resulting from an informal meeting under subsection (a), |
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483 | 483 | | 21 or by a county board resulting from an appeal hearing under subsection |
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484 | 484 | | 22 (d), may be less than or equal to the tangible property's original |
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485 | 485 | | 23 appealed assessed value at issue, but may not exceed the original |
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486 | 486 | | 24 appealed assessed value at issue. However, an increase in assessed |
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487 | 487 | | 25 value that is attributable to substantial renovation, new improvements, |
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488 | 488 | | 26 zoning change, or use change is excluded from the limitation under this |
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489 | 489 | | 27 subsection. |
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490 | 490 | | 28 SECTION 12. IC 6-1.1-15-3, AS AMENDED BY P.L.154-2020, |
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491 | 491 | | 29 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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492 | 492 | | 30 UPON PASSAGE]: Sec. 3. (a) A taxpayer may obtain a review by the |
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493 | 493 | | 31 Indiana board of: |
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494 | 494 | | 32 (1) a county board's action with respect to a claim under section |
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495 | 495 | | 33 1.1 of this chapter; or |
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496 | 496 | | 34 (2) a denial by the county auditor, the county assessor, or the |
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497 | 497 | | 35 county treasurer of a claim for refund under IC 6-1.1-9-10(c)(2) |
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498 | 498 | | 36 that is appealed to the Indiana board as authorized in |
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499 | 499 | | 37 IC 6-1.1-26-2.1(d)(2). |
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500 | 500 | | 38 (b) The county assessor (before the abolishment of the office) and |
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501 | 501 | | 39 the county auditor is the party are parties to a review under |
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502 | 502 | | 40 subsection (a)(1) to defend the determination of the county board. The |
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503 | 503 | | 41 county auditor may appear as an additional party to the review if the |
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504 | 504 | | 42 determination concerns a matter that is in the discretion of the county |
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505 | 505 | | 2025 IN 1229—LS 7042/DI 125 12 |
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506 | 506 | | 1 auditor. At the time the notice of that determination is given to the |
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507 | 507 | | 2 taxpayer, the taxpayer shall also be informed in writing of: |
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508 | 508 | | 3 (1) the taxpayer's opportunity for review under subsection (a)(1); |
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509 | 509 | | 4 and |
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510 | 510 | | 5 (2) the procedures the taxpayer must follow in order to obtain |
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511 | 511 | | 6 review under this section. |
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512 | 512 | | 7 (c) A county assessor or county auditor who dissents from the |
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513 | 513 | | 8 determination of the county board may obtain a review by the Indiana |
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514 | 514 | | 9 board. A county auditor who dissents from the determination of the |
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515 | 515 | | 10 county board concerning a matter that is in the discretion of the county |
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516 | 516 | | 11 auditor may obtain a review by the Indiana board. |
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517 | 517 | | 12 (d) In order to obtain a review by the Indiana board under |
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518 | 518 | | 13 subsection (a)(1), the party must, not later than forty-five (45) days |
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519 | 519 | | 14 after the date of the notice given to the party or parties of the |
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520 | 520 | | 15 determination of the county board: |
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521 | 521 | | 16 (1) file a petition for review with the Indiana board; and |
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522 | 522 | | 17 (2) mail a copy of the petition to the other party. |
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523 | 523 | | 18 (e) The Indiana board shall prescribe the form of the petition for |
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524 | 524 | | 19 review under this chapter. The Indiana board shall issue instructions for |
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525 | 525 | | 20 completion of the form. The form and the instructions must be clear, |
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526 | 526 | | 21 simple, and understandable to the average individual. A petition for |
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527 | 527 | | 22 review of such a determination must be made on the form prescribed |
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528 | 528 | | 23 by the Indiana board. The form must require the petitioner to specify |
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529 | 529 | | 24 the reasons why the petitioner believes that the determination by the |
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530 | 530 | | 25 county board is erroneous. |
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531 | 531 | | 26 (f) If the action for which a taxpayer seeks review under this section |
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532 | 532 | | 27 is the assessment of tangible property, the taxpayer is not required to |
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533 | 533 | | 28 have an appraisal of the property in order to do the following: |
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534 | 534 | | 29 (1) Initiate the review. |
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535 | 535 | | 30 (2) Prosecute the review. |
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536 | 536 | | 31 (g) If an owner petitions the Indiana board under IC 6-1.1-11-7(d), |
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537 | 537 | | 32 the Indiana board is authorized to approve or disapprove an exemption |
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538 | 538 | | 33 application: |
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539 | 539 | | 34 (1) previously submitted to a county board under IC 6-1.1-11-6; |
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540 | 540 | | 35 and |
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541 | 541 | | 36 (2) that is not approved or disapproved by the county board within |
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542 | 542 | | 37 one hundred eighty (180) days after the owner filed the |
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543 | 543 | | 38 application for exemption under IC 6-1.1-11. |
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544 | 544 | | 39 The county assessor (before the abolishment of the office) and after |
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545 | 545 | | 40 May 9, 2025, the county auditor, is a party are parties to a petition |
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546 | 546 | | 41 to the Indiana board under IC 6-1.1-11-7(d). |
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547 | 547 | | 42 (h) This subsection applies only to the review by the Indiana board |
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548 | 548 | | 2025 IN 1229—LS 7042/DI 125 13 |
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549 | 549 | | 1 of a denial of a refund claim described in subsection (a)(2). The county |
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550 | 550 | | 2 assessor (before the abolishment of the office) and after May 9, |
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551 | 551 | | 3 2025, the county auditor, is the party are parties to a review under |
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552 | 552 | | 4 subsection (a)(2) to defend the denial of the refund under |
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553 | 553 | | 5 IC 6-1.1-26-2.1. In order to obtain a review by the Indiana board under |
---|
554 | 554 | | 6 subsection (a)(2), the taxpayer must, within forty-five (45) days of the |
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555 | 555 | | 7 notice of denial under IC 6-1.1-26-2.1(d): |
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556 | 556 | | 8 (1) file a petition for review with the Indiana board; and |
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557 | 557 | | 9 (2) mail a copy of the petition to the county auditor. |
---|
558 | 558 | | 10 SECTION 13. IC 6-1.1-15-4, AS AMENDED BY P.L.156-2020, |
---|
559 | 559 | | 11 SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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560 | 560 | | 12 UPON PASSAGE]: Sec. 4. (a) After receiving a petition for review |
---|
561 | 561 | | 13 which is filed under section 3 of this chapter, the Indiana board shall |
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562 | 562 | | 14 conduct a hearing at its earliest opportunity. The Indiana board may |
---|
563 | 563 | | 15 correct any errors related to a claim under section 1.1 of this chapter |
---|
564 | 564 | | 16 that is within the jurisdiction of the Indiana board under IC 6-1.5-4-1. |
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565 | 565 | | 17 (b) If the Indiana board conducts a site inspection of the property as |
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566 | 566 | | 18 part of its review of the petition, the Indiana board shall give notice to |
---|
567 | 567 | | 19 all parties of the date and time of the site inspection. The Indiana board |
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568 | 568 | | 20 is not required to assess the property in question. The Indiana board |
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569 | 569 | | 21 shall give notice of the date fixed for the hearing, by mail, to the parties |
---|
570 | 570 | | 22 or a party's representative. The Indiana board shall give these notices |
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571 | 571 | | 23 at least thirty (30) days before the day fixed for the hearing unless the |
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572 | 572 | | 24 parties agree to a shorter period. With respect to a petition for review |
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573 | 573 | | 25 filed by a county assessor or county auditor, the county board that |
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574 | 574 | | 26 made the determination under review under this section may file an |
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575 | 575 | | 27 amicus curiae brief in the review proceeding under this section. The |
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576 | 576 | | 28 expenses incurred by the county board in filing the amicus curiae brief |
---|
577 | 577 | | 29 shall be paid from the property reassessment fund under |
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578 | 578 | | 30 IC 6-1.1-4-27.5 of the county in which the property is located. The |
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579 | 579 | | 31 executive of a taxing unit may file an amicus curiae brief in the review |
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580 | 580 | | 32 proceeding under this section if the property that is the subject of the |
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581 | 581 | | 33 appeal is subject to assessment by that taxing unit. |
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582 | 582 | | 34 (c) If a petition for review does not comply with the Indiana board's |
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583 | 583 | | 35 instructions for completing the form prescribed under section 3 of this |
---|
584 | 584 | | 36 chapter, the Indiana board shall return the petition to the petitioner and |
---|
585 | 585 | | 37 include a notice describing the defect in the petition. The petitioner |
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586 | 586 | | 38 then has thirty (30) days from the date on the notice to cure the defect |
---|
587 | 587 | | 39 and file a corrected petition. The Indiana board shall deny a corrected |
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588 | 588 | | 40 petition for review if it does not substantially comply with the Indiana |
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589 | 589 | | 41 board's instructions for completing the form prescribed under section |
---|
590 | 590 | | 42 3 of this chapter. |
---|
591 | 591 | | 2025 IN 1229—LS 7042/DI 125 14 |
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592 | 592 | | 1 (d) After the hearing, the Indiana board shall give the parties and |
---|
593 | 593 | | 2 any entity that filed an amicus curiae brief, or their representatives: |
---|
594 | 594 | | 3 (1) notice, by mail, of its final determination; and |
---|
595 | 595 | | 4 (2) for parties entitled to appeal the final determination, notice of |
---|
596 | 596 | | 5 the procedures they must follow in order to obtain court review |
---|
597 | 597 | | 6 under section 5 of this chapter. |
---|
598 | 598 | | 7 (e) The Indiana board shall conduct a hearing not later than one (1) |
---|
599 | 599 | | 8 year after a petition in proper form is filed with the Indiana board. |
---|
600 | 600 | | 9 (f) The Indiana board shall issue a determination not later than the |
---|
601 | 601 | | 10 later of: |
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602 | 602 | | 11 (1) ninety (90) days after the hearing; or |
---|
603 | 603 | | 12 (2) the date set in an extension order issued by the Indiana board. |
---|
604 | 604 | | 13 The board may not extend the date by more than one hundred |
---|
605 | 605 | | 14 eighty (180) days. |
---|
606 | 606 | | 15 (g) The time periods described in subsections (e) and (f) do not |
---|
607 | 607 | | 16 include any period of time that is attributable to a party's: |
---|
608 | 608 | | 17 (1) request for a continuance, stay, extension, or summary |
---|
609 | 609 | | 18 disposition; |
---|
610 | 610 | | 19 (2) consent to a case management order, stipulated record, or |
---|
611 | 611 | | 20 proposed hearing date; |
---|
612 | 612 | | 21 (3) failure to comply with the board's orders or rules; or |
---|
613 | 613 | | 22 (4) waiver of a deadline. |
---|
614 | 614 | | 23 (h) If the Indiana board fails to take action required under |
---|
615 | 615 | | 24 subsection (e) or (f), the entity that initiated the petition may: |
---|
616 | 616 | | 25 (1) take no action and wait for the Indiana board to hear the |
---|
617 | 617 | | 26 matter and issue a final determination; or |
---|
618 | 618 | | 27 (2) petition for judicial review under section 5 of this chapter. |
---|
619 | 619 | | 28 (i) This subsection applies when the board has not held a hearing. |
---|
620 | 620 | | 29 A person may not seek judicial review under subsection (h)(2) until: |
---|
621 | 621 | | 30 (1) the person requests a hearing in writing; and |
---|
622 | 622 | | 31 (2) sixty (60) days have passed after the person requests a hearing |
---|
623 | 623 | | 32 under subdivision (1) and the matter has not been heard or |
---|
624 | 624 | | 33 otherwise extended under subsection (g). |
---|
625 | 625 | | 34 (j) A final determination must include separately stated findings of |
---|
626 | 626 | | 35 fact for all aspects of the determination. Findings of ultimate fact must |
---|
627 | 627 | | 36 be accompanied by a concise statement of the underlying basic facts of |
---|
628 | 628 | | 37 record to support the findings. Findings must be based exclusively |
---|
629 | 629 | | 38 upon the evidence on the record in the proceeding and on matters |
---|
630 | 630 | | 39 officially noticed in the proceeding. Findings must be based upon a |
---|
631 | 631 | | 40 preponderance of the evidence. |
---|
632 | 632 | | 41 (k) The Indiana board may limit the scope of the appeal to the issues |
---|
633 | 633 | | 42 raised in the petition and the evaluation of the evidence presented to |
---|
634 | 634 | | 2025 IN 1229—LS 7042/DI 125 15 |
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635 | 635 | | 1 the county board in support of those issues only if all parties |
---|
636 | 636 | | 2 participating in the hearing required under subsection (a) agree to the |
---|
637 | 637 | | 3 limitation. A party participating in the hearing required under |
---|
638 | 638 | | 4 subsection (a) is entitled to introduce evidence that is otherwise proper |
---|
639 | 639 | | 5 and admissible without regard to whether that evidence has previously |
---|
640 | 640 | | 6 been introduced at a hearing before the county board. |
---|
641 | 641 | | 7 (l) The Indiana board may require the parties to the appeal: |
---|
642 | 642 | | 8 (1) to file not more than five (5) business days before the date of |
---|
643 | 643 | | 9 the hearing required under subsection (a) documentary evidence |
---|
644 | 644 | | 10 or summaries of statements of testimonial evidence; and |
---|
645 | 645 | | 11 (2) to file not more than fifteen (15) business days before the date |
---|
646 | 646 | | 12 of the hearing required under subsection (a) lists of witnesses and |
---|
647 | 647 | | 13 exhibits to be introduced at the hearing. |
---|
648 | 648 | | 14 (m) A party to a proceeding before the Indiana board shall provide |
---|
649 | 649 | | 15 to all other parties to the proceeding the information described in |
---|
650 | 650 | | 16 subsection (l) if the other party requests the information in writing at |
---|
651 | 651 | | 17 least ten (10) days before the deadline for filing of the information |
---|
652 | 652 | | 18 under subsection (l). |
---|
653 | 653 | | 19 (n) The Indiana board may base its final determination on a |
---|
654 | 654 | | 20 stipulation between the respondent and the petitioner. If the final |
---|
655 | 655 | | 21 determination is based on a stipulated assessed valuation of tangible |
---|
656 | 656 | | 22 property, the Indiana board may order the placement of a notation on |
---|
657 | 657 | | 23 the permanent assessment record of the tangible property that the |
---|
658 | 658 | | 24 assessed valuation was determined by stipulation. The Indiana board |
---|
659 | 659 | | 25 may: |
---|
660 | 660 | | 26 (1) order that a final determination under this subsection has no |
---|
661 | 661 | | 27 precedential value; or |
---|
662 | 662 | | 28 (2) specify a limited precedential value of a final determination |
---|
663 | 663 | | 29 under this subsection. |
---|
664 | 664 | | 30 (o) If a party to a proceeding, or a party's authorized representative, |
---|
665 | 665 | | 31 elects to receive any notice under this section by electronic mail, the |
---|
666 | 666 | | 32 notice is considered effective in the same manner as if the notice had |
---|
667 | 667 | | 33 been sent by United States mail, with postage prepaid, to the party's or |
---|
668 | 668 | | 34 representative's mailing address of record. |
---|
669 | 669 | | 35 (p) At a hearing under this section, the Indiana board shall admit |
---|
670 | 670 | | 36 into evidence an appraisal report, prepared by an appraiser, unless the |
---|
671 | 671 | | 37 appraisal report is ruled inadmissible on grounds besides a hearsay |
---|
672 | 672 | | 38 objection. This exception to the hearsay rule shall not be construed to |
---|
673 | 673 | | 39 limit the discretion of the Indiana board, as trier of fact, to review the |
---|
674 | 674 | | 40 probative value of an appraisal report. |
---|
675 | 675 | | 41 SECTION 14. IC 6-1.1-15-5, AS AMENDED BY P.L.156-2020, |
---|
676 | 676 | | 42 SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
677 | 677 | | 2025 IN 1229—LS 7042/DI 125 16 |
---|
678 | 678 | | 1 UPON PASSAGE]: Sec. 5. (a) Not later than fifteen (15) days after the |
---|
679 | 679 | | 2 Indiana board gives notice of its final determination under section 4 of |
---|
680 | 680 | | 3 this chapter to the party or the maximum allowable time for the |
---|
681 | 681 | | 4 issuance of a final determination by the Indiana board under section 4 |
---|
682 | 682 | | 5 of this chapter expires, a party to the proceeding may request a |
---|
683 | 683 | | 6 rehearing before the Indiana board. The Indiana board may conduct a |
---|
684 | 684 | | 7 rehearing and affirm or modify its final determination, giving the same |
---|
685 | 685 | | 8 notices after the rehearing as are required by section 4 of this chapter. |
---|
686 | 686 | | 9 The Indiana board has fifteen (15) days after receiving a petition for a |
---|
687 | 687 | | 10 rehearing to determine whether to grant a rehearing. Failure to grant a |
---|
688 | 688 | | 11 rehearing not later than fifteen (15) days after receiving the petition |
---|
689 | 689 | | 12 shall be treated as a final determination to deny the petition. A petition |
---|
690 | 690 | | 13 for a rehearing does not toll the time in which to file a petition for |
---|
691 | 691 | | 14 judicial review unless the petition for rehearing is granted. If the |
---|
692 | 692 | | 15 Indiana board determines to rehear a final determination, the Indiana |
---|
693 | 693 | | 16 board: |
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694 | 694 | | 17 (1) may conduct the additional hearings that the Indiana board |
---|
695 | 695 | | 18 determines necessary or review the written record without |
---|
696 | 696 | | 19 additional hearings; and |
---|
697 | 697 | | 20 (2) shall issue a final determination not later than ninety (90) days |
---|
698 | 698 | | 21 after notifying the parties that the Indiana board will rehear the |
---|
699 | 699 | | 22 final determination. |
---|
700 | 700 | | 23 If the Indiana board fails to make a final determination within the time |
---|
701 | 701 | | 24 allowed under subdivision (2), the entity that initiated the petition for |
---|
702 | 702 | | 25 rehearing may take no action and wait for the Indiana board to make a |
---|
703 | 703 | | 26 final determination or petition for judicial review under subsection (g). |
---|
704 | 704 | | 27 (b) A party may petition for judicial review of the final |
---|
705 | 705 | | 28 determination of the Indiana board. In order to obtain judicial review |
---|
706 | 706 | | 29 under this section, a party must: |
---|
707 | 707 | | 30 (1) file a petition with the Indiana tax court; |
---|
708 | 708 | | 31 (2) serve a copy of the petition on: |
---|
709 | 709 | | 32 (A) the parties to the review by the Indiana board; |
---|
710 | 710 | | 33 (B) the attorney general; and |
---|
711 | 711 | | 34 (C) any entity that filed an amicus curiae brief with the Indiana |
---|
712 | 712 | | 35 board; and |
---|
713 | 713 | | 36 (3) file a written notice of appeal with the Indiana board |
---|
714 | 714 | | 37 informing the Indiana board of the party's intent to obtain judicial |
---|
715 | 715 | | 38 review. |
---|
716 | 716 | | 39 Petitions for judicial review may be consolidated at the request of the |
---|
717 | 717 | | 40 appellants if it can be done in the interest of justice. The department of |
---|
718 | 718 | | 41 local government finance may intervene in an action taken under this |
---|
719 | 719 | | 42 subsection if the interpretation of a rule of the department is at issue in |
---|
720 | 720 | | 2025 IN 1229—LS 7042/DI 125 17 |
---|
721 | 721 | | 1 the action. The county assessor (before the abolishment of the office) |
---|
722 | 722 | | 2 and after May 9, 2025, the county auditor, is a party are parties to |
---|
723 | 723 | | 3 the review under this section. |
---|
724 | 724 | | 4 (c) Except as provided in subsection (g), to initiate a proceeding for |
---|
725 | 725 | | 5 judicial review under this section, a party must take the action required |
---|
726 | 726 | | 6 by subsection (b) not later than: |
---|
727 | 727 | | 7 (1) forty-five (45) days after the Indiana board gives the person |
---|
728 | 728 | | 8 notice of its final determination, unless a rehearing is conducted |
---|
729 | 729 | | 9 under subsection (a); or |
---|
730 | 730 | | 10 (2) forty-five (45) days after the Indiana board gives the person |
---|
731 | 731 | | 11 notice under subsection (a) of its final determination, if a |
---|
732 | 732 | | 12 rehearing is conducted under subsection (a) or the maximum time |
---|
733 | 733 | | 13 elapses for the Indiana board to make a determination under this |
---|
734 | 734 | | 14 section. |
---|
735 | 735 | | 15 (d) The failure of the Indiana board to conduct a hearing within the |
---|
736 | 736 | | 16 period prescribed in section 4(e) of this chapter does not constitute |
---|
737 | 737 | | 17 notice to the party of an Indiana board final determination. |
---|
738 | 738 | | 18 (e) The county assessor or county auditor may petition for judicial |
---|
739 | 739 | | 19 review to the tax court in the manner prescribed in this section. If the |
---|
740 | 740 | | 20 county auditor appeared before the Indiana board concerning the |
---|
741 | 741 | | 21 matter, the county auditor may petition for judicial review to the tax |
---|
742 | 742 | | 22 court in the manner prescribed in this section. |
---|
743 | 743 | | 23 (f) The county assessor or county auditor may not be represented |
---|
744 | 744 | | 24 by the attorney general in a judicial review initiated under subsection |
---|
745 | 745 | | 25 (b) by the county assessor or county auditor. |
---|
746 | 746 | | 26 (g) If the maximum time elapses for the Indiana board to give notice |
---|
747 | 747 | | 27 of its final determination under subsection (a) or section 4 of this |
---|
748 | 748 | | 28 chapter, a party may initiate a proceeding for judicial review by taking |
---|
749 | 749 | | 29 the action required by subsection (b) at any time after the maximum |
---|
750 | 750 | | 30 time elapses. If: |
---|
751 | 751 | | 31 (1) a judicial proceeding is initiated under this subsection; and |
---|
752 | 752 | | 32 (2) the Indiana board has not issued a determination; |
---|
753 | 753 | | 33 the tax court shall determine the matter de novo. |
---|
754 | 754 | | 34 SECTION 15. IC 6-1.1-15-19, AS ADDED BY P.L.244-2015, |
---|
755 | 755 | | 35 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
756 | 756 | | 36 UPON PASSAGE]: Sec. 19. (a) Before July 1, 2025, a county |
---|
757 | 757 | | 37 assessor, and after June 30, 2025, a county auditor, shall quarterly |
---|
758 | 758 | | 38 send a notice to the fiscal officer of each taxing unit affected by an |
---|
759 | 759 | | 39 appeal prosecuted under this chapter, including the fiscal officer of an |
---|
760 | 760 | | 40 affected redevelopment commission established under IC 36-7. The |
---|
761 | 761 | | 41 notice must include the following information: |
---|
762 | 762 | | 42 (1) The date on which a notice for review was filed. |
---|
763 | 763 | | 2025 IN 1229—LS 7042/DI 125 18 |
---|
764 | 764 | | 1 (2) The name and address of the taxpayer who filed the notice for |
---|
765 | 765 | | 2 review. |
---|
766 | 766 | | 3 (3) The assessed value for the assessment date the year before the |
---|
767 | 767 | | 4 appeal, and the assessed value on the most recent assessment |
---|
768 | 768 | | 5 date. |
---|
769 | 769 | | 6 (4) The status of the taxpayer's appeal. |
---|
770 | 770 | | 7 (b) Each township assessor (if any) shall furnish to the county |
---|
771 | 771 | | 8 assessor all requested information necessary for purposes of providing |
---|
772 | 772 | | 9 the quarterly notices under this section. This subsection expires July |
---|
773 | 773 | | 10 1, 2025. |
---|
774 | 774 | | 11 (c) A notice required by this section may be provided to the |
---|
775 | 775 | | 12 appropriate fiscal officer in an electronic format. |
---|
776 | 776 | | 13 SECTION 16. IC 6-1.1-17-0.2 IS ADDED TO THE INDIANA |
---|
777 | 777 | | 14 CODE AS A NEW SECTION TO READ AS FOLLOWS |
---|
778 | 778 | | 15 [EFFECTIVE JULY 1, 2025]: Sec. 0.2. This chapter applies only in |
---|
779 | 779 | | 16 calendar years before January 1, 2026. |
---|
780 | 780 | | 17 SECTION 17. IC 6-1.1-20-0.3 IS ADDED TO THE INDIANA |
---|
781 | 781 | | 18 CODE AS A NEW SECTION TO READ AS FOLLOWS |
---|
782 | 782 | | 19 [EFFECTIVE UPON PASSAGE]: Sec. 0.3. (a) Notwithstanding any |
---|
783 | 783 | | 20 other law, after May 9, 2025, a political subdivision may not issue |
---|
784 | 784 | | 21 any bonds, notes, or warrants, or enter into any leases or |
---|
785 | 785 | | 22 obligations to be paid from property tax revenue, or that include |
---|
786 | 786 | | 23 a pledge to levy property taxes if other funds are insufficient. |
---|
787 | 787 | | 24 (b) This section may not be construed to prohibit the refunding |
---|
788 | 788 | | 25 or refinancing of obligations incurred before May 10, 2025. |
---|
789 | 789 | | 26 SECTION 18. IC 6-1.1-39-0.2 IS ADDED TO THE INDIANA |
---|
790 | 790 | | 27 CODE AS A NEW SECTION TO READ AS FOLLOWS |
---|
791 | 791 | | 28 [EFFECTIVE UPON PASSAGE]: Sec. 0.2. (a) Notwithstanding any |
---|
792 | 792 | | 29 other law: |
---|
793 | 793 | | 30 (1) no economic development district or allocation area may |
---|
794 | 794 | | 31 be established, amended, or renewed; and |
---|
795 | 795 | | 32 (2) no bonds, leases, or other obligations may be issued, |
---|
796 | 796 | | 33 entered into, or extended for an economic development |
---|
797 | 797 | | 34 district or allocation area; |
---|
798 | 798 | | 35 under this chapter after May 9, 2025. |
---|
799 | 799 | | 36 (b) This section may not be construed to prohibit the refunding |
---|
800 | 800 | | 37 or refinancing of obligations incurred before May 10, 2025. |
---|
801 | 801 | | 38 SECTION 19. IC 6-1.2 IS ADDED TO THE INDIANA CODE AS |
---|
802 | 802 | | 39 A NEW ARTICLE TO READ AS FOLLOWS [EFFECTIVE UPON |
---|
803 | 803 | | 40 PASSAGE]: |
---|
804 | 804 | | 41 ARTICLE 1.2. PROPERTY TAX REVENUE REPLACEMENT |
---|
805 | 805 | | 42 Chapter 1. General Applicability and Definitions |
---|
806 | 806 | | 2025 IN 1229—LS 7042/DI 125 19 |
---|
807 | 807 | | 1 Sec. 1. The definitions and rules of construction contained in |
---|
808 | 808 | | 2 IC 6-1.1-1 apply throughout this article unless the context clearly |
---|
809 | 809 | | 3 requires otherwise. |
---|
810 | 810 | | 4 Sec. 2. The definitions contained in this chapter apply |
---|
811 | 811 | | 5 throughout this article unless the context clearly requires |
---|
812 | 812 | | 6 otherwise. |
---|
813 | 813 | | 7 Sec. 3. "ADM" has the meaning set forth in IC 20-43-1-6. |
---|
814 | 814 | | 8 Sec. 4. "Allocation area" refers to an area that is established |
---|
815 | 815 | | 9 under the authority of any of the following statutes and in which, |
---|
816 | 816 | | 10 before January 1, 2027, property tax revenues are collected: |
---|
817 | 817 | | 11 (1) IC 6-1.1-39. |
---|
818 | 818 | | 12 (2) IC 8-22-3.5. |
---|
819 | 819 | | 13 (3) IC 36-7-13. |
---|
820 | 820 | | 14 (4) IC 36-7-14. |
---|
821 | 821 | | 15 (5) IC 36-7-14.5. |
---|
822 | 822 | | 16 (6) IC 36-7-15.1. |
---|
823 | 823 | | 17 (7) IC 36-7-30. |
---|
824 | 824 | | 18 (8) IC 36-7-30.5. |
---|
825 | 825 | | 19 (9) IC 36-7-32. |
---|
826 | 826 | | 20 (10) IC 36-7.5-4.5. |
---|
827 | 827 | | 21 (11) Any other provision that authorizes the establishment of |
---|
828 | 828 | | 22 an allocation area in which, before January 1, 2027, property |
---|
829 | 829 | | 23 tax revenues are collected. |
---|
830 | 830 | | 24 Sec. 5. "Fund" refers to the local revenue sharing fund |
---|
831 | 831 | | 25 established by IC 6-1.2-3-2. |
---|
832 | 832 | | 26 Sec. 6. "Governing body" means the following: |
---|
833 | 833 | | 27 (1) For an allocation area created under IC 6-1.1-39, the fiscal |
---|
834 | 834 | | 28 body of the county (as defined in IC 36-1-2-6). |
---|
835 | 835 | | 29 (2) For an allocation area created under IC 8-22-3.5, the |
---|
836 | 836 | | 30 commission (as defined in IC 8-22-3.5-2). |
---|
837 | 837 | | 31 (3) For an allocation area created under IC 36-7-13, the |
---|
838 | 838 | | 32 county, city, or town. |
---|
839 | 839 | | 33 (4) For an allocation area created under IC 36-7-14, the |
---|
840 | 840 | | 34 redevelopment commission. |
---|
841 | 841 | | 35 (5) For an allocation area created under IC 36-7-14.5, the |
---|
842 | 842 | | 36 redevelopment authority. |
---|
843 | 843 | | 37 (6) For an allocation area created under IC 36-7-15.1, the |
---|
844 | 844 | | 38 metropolitan development commission. |
---|
845 | 845 | | 39 (7) For an allocation area created under IC 36-7-30, the |
---|
846 | 846 | | 40 military base reuse authority. |
---|
847 | 847 | | 41 (8) For an allocation area created under IC 36-7-30.5, the |
---|
848 | 848 | | 42 military base development authority. |
---|
849 | 849 | | 2025 IN 1229—LS 7042/DI 125 20 |
---|
850 | 850 | | 1 (9) For an allocation area created under IC 36-7-32, the |
---|
851 | 851 | | 2 redevelopment commission. |
---|
852 | 852 | | 3 (10) For an allocation area created under IC 36-7.5-4.5, the |
---|
853 | 853 | | 4 development authority. |
---|
854 | 854 | | 5 Sec. 7. "Municipality" has the meaning set forth in IC 36-1-2-11. |
---|
855 | 855 | | 6 Sec. 8. "Obligation" means an obligation to repay: |
---|
856 | 856 | | 7 (1) the principal and interest on bonds; |
---|
857 | 857 | | 8 (2) lease rentals on leases; or |
---|
858 | 858 | | 9 (3) any other contractual obligation; |
---|
859 | 859 | | 10 payable from property tax increment revenues. The term includes |
---|
860 | 860 | | 11 a guarantee of repayment from property tax increment revenues |
---|
861 | 861 | | 12 if other revenues are insufficient to make a payment. |
---|
862 | 862 | | 13 Chapter 2. Abolishment of Property Tax |
---|
863 | 863 | | 14 Sec. 1. (a) Notwithstanding IC 6-1.1 or any other law to the |
---|
864 | 864 | | 15 contrary, but subject to subsection (b), tangible property may not |
---|
865 | 865 | | 16 be assessed after December 31, 2025, and property taxes on |
---|
866 | 866 | | 17 tangible property may not be first imposed or first due after |
---|
867 | 867 | | 18 December 31, 2026. |
---|
868 | 868 | | 19 (b) Nothing in this article may be construed as limiting or |
---|
869 | 869 | | 20 otherwise affecting: |
---|
870 | 870 | | 21 (1) the collection of any property taxes or penalties imposed; |
---|
871 | 871 | | 22 or |
---|
872 | 872 | | 23 (2) any property tax exemptions or property tax deductions |
---|
873 | 873 | | 24 allowed; |
---|
874 | 874 | | 25 under IC 6-1.1 or any other law before January 1, 2027. |
---|
875 | 875 | | 26 Sec. 2. If a provision of this article conflicts with any other law, |
---|
876 | 876 | | 27 including IC 6-1.1, the provision in this article controls. A |
---|
877 | 877 | | 28 provision contained in IC 6-1.1 is not applicable after the |
---|
878 | 878 | | 29 abolishment of the imposition of property tax if the context clearly |
---|
879 | 879 | | 30 renders the provision inapplicable. |
---|
880 | 880 | | 31 Sec. 3. This article does not prohibit the assessment and levying |
---|
881 | 881 | | 32 of a fee or payment otherwise authorized by law or the imposing of |
---|
882 | 882 | | 33 a special assessment (including a ditch or drainage assessment, |
---|
883 | 883 | | 34 Barrett Law assessment, improvement assessment, sewer |
---|
884 | 884 | | 35 assessment, or sewage assessment) otherwise authorized by law to |
---|
885 | 885 | | 36 be imposed on property to be benefitted by an improvement. |
---|
886 | 886 | | 37 Sec. 4. A pledge of property tax made before May 10, 2025, for |
---|
887 | 887 | | 38 the payment of bonds, leases, or other expenditures shall be treated |
---|
888 | 888 | | 39 as a pledge of the distributions from the fund under this article for |
---|
889 | 889 | | 40 the same purpose. Notwithstanding the abolishment of the |
---|
890 | 890 | | 41 imposition of property tax and the enactment of this article, any |
---|
891 | 891 | | 42 pledge of revenues received from a tax imposed under IC 6-1.1 |
---|
892 | 892 | | 2025 IN 1229—LS 7042/DI 125 21 |
---|
893 | 893 | | 1 prior to the abolishment of the imposition of property tax to the |
---|
894 | 894 | | 2 payment, in whole or in part, of: |
---|
895 | 895 | | 3 (1) the principal of and interest on bonds; |
---|
896 | 896 | | 4 (2) lease rentals due under a lease; and |
---|
897 | 897 | | 5 (3) the payment of any other obligation; |
---|
898 | 898 | | 6 is binding and enforceable and remains in full force and effect as |
---|
899 | 899 | | 7 long as the principal of and interest on any bonds, the lease rentals |
---|
900 | 900 | | 8 due under any lease, or the payment of any obligation remains |
---|
901 | 901 | | 9 unpaid. The enactment of this article does not affect any rights, |
---|
902 | 902 | | 10 duties, obligations, proceedings, or liabilities accrued before |
---|
903 | 903 | | 11 enactment of this article. Those rights, duties, obligations, |
---|
904 | 904 | | 12 proceedings, or liabilities continue and shall be imposed and |
---|
905 | 905 | | 13 enforced under prior law as if this article had not been enacted and |
---|
906 | 906 | | 14 the imposition of property tax had not been abolished. |
---|
907 | 907 | | 15 Sec. 5. For purposes of limitations on indebtedness of political |
---|
908 | 908 | | 16 or municipal corporations imposed by Article 13, Section 1 of the |
---|
909 | 909 | | 17 Constitution of the State of Indiana, to determine a taxing unit's |
---|
910 | 910 | | 18 value of taxable property after the abolishment of the imposition |
---|
911 | 911 | | 19 of property tax under this article, the most recent assessed value of |
---|
912 | 912 | | 20 taxable property for the entire territory must be used to determine |
---|
913 | 913 | | 21 the debt limit. |
---|
914 | 914 | | 22 Chapter 3. Local Revenue Sharing Fund |
---|
915 | 915 | | 23 Sec. 1. Not later than December 1, 2026, and each December 1 |
---|
916 | 916 | | 24 thereafter, each governing body shall file with the department of |
---|
917 | 917 | | 25 local government finance and, if applicable, with the authorizing |
---|
918 | 918 | | 26 unit's executive and fiscal body, a certified report setting out the |
---|
919 | 919 | | 27 amount per month needed to: |
---|
920 | 920 | | 28 (1) make all payments that are due in the next calendar year |
---|
921 | 921 | | 29 on obligations incurred before May 10, 2025, and payable |
---|
922 | 922 | | 30 from property tax revenues in allocation areas; plus |
---|
923 | 923 | | 31 (2) maintain any revenue to obligation payment ratio required |
---|
924 | 924 | | 32 by an agreement on which any of the obligations are based. |
---|
925 | 925 | | 33 The report must be filed in the manner prescribed by the |
---|
926 | 926 | | 34 department of local government finance. |
---|
927 | 927 | | 35 Sec. 2. (a) The local revenue sharing fund is established. The |
---|
928 | 928 | | 36 purpose of the fund is to allocate and distribute to taxing units the |
---|
929 | 929 | | 37 portion of all the state gross retail and use tax revenue attributable |
---|
930 | 930 | | 38 to services for use as set forth in section 4 of this chapter. The fund |
---|
931 | 931 | | 39 shall be administered by the department. |
---|
932 | 932 | | 40 (b) The fund consists of the following: |
---|
933 | 933 | | 41 (1) Appropriations to the fund. |
---|
934 | 934 | | 42 (2) Amounts deposited in the fund under IC 6-2.5-10-1(e). |
---|
935 | 935 | | 2025 IN 1229—LS 7042/DI 125 22 |
---|
936 | 936 | | 1 (3) Interest and other earnings derived from investment of |
---|
937 | 937 | | 2 money in the fund. |
---|
938 | 938 | | 3 (c) Money in the fund is continuously appropriated for the |
---|
939 | 939 | | 4 purposes of this chapter. |
---|
940 | 940 | | 5 (d) The money in the fund may not be used for the costs of |
---|
941 | 941 | | 6 administering this chapter. |
---|
942 | 942 | | 7 (e) Money in the fund at the end of a state fiscal year does not |
---|
943 | 943 | | 8 revert to the state general fund. |
---|
944 | 944 | | 9 Sec. 3. This section applies after December 31, 2026. Before the |
---|
945 | 945 | | 10 last day of each month, the state comptroller shall allocate and the |
---|
946 | 946 | | 11 treasurer of state shall distribute money in the fund to the fiscal |
---|
947 | 947 | | 12 officer of each taxing unit according to the following: |
---|
948 | 948 | | 13 (1) The state comptroller shall first distribute an amount |
---|
949 | 949 | | 14 equal to forty-five percent (45%) of the amount in the fund |
---|
950 | 950 | | 15 according to the following formula: |
---|
951 | 951 | | 16 STEP ONE: In collaboration with the department of |
---|
952 | 952 | | 17 education, determine the: |
---|
953 | 953 | | 18 (i) number of students who received a choice scholarship |
---|
954 | 954 | | 19 and not more than fifty percent (50%) virtual instruction |
---|
955 | 955 | | 20 in the current school year; and |
---|
956 | 956 | | 21 (ii) number of students in item (i) who attended each |
---|
957 | 957 | | 22 eligible school in the current school year. |
---|
958 | 958 | | 23 STEP TWO: Add the: |
---|
959 | 959 | | 24 (i) total statewide current ADM of students who receive |
---|
960 | 960 | | 25 not more than fifty percent (50%) virtual instruction for |
---|
961 | 961 | | 26 all school corporations; |
---|
962 | 962 | | 27 (ii) total statewide current ADM of students who receive |
---|
963 | 963 | | 28 not more than fifty percent (50%) virtual instruction for |
---|
964 | 964 | | 29 all charter schools; plus |
---|
965 | 965 | | 30 (iii) number of students who received a choice |
---|
966 | 966 | | 31 scholarship and not more than fifty percent (50%) |
---|
967 | 967 | | 32 virtual instruction in the current school year. |
---|
968 | 968 | | 33 STEP THREE: Determine the: |
---|
969 | 969 | | 34 (i) amount that is equal to forty-five percent (45%) of the |
---|
970 | 970 | | 35 amount remaining in the fund; divided by |
---|
971 | 971 | | 36 (ii) the STEP TWO result; |
---|
972 | 972 | | 37 to determine per student funding. |
---|
973 | 973 | | 38 STEP FOUR: Distribute to each school corporation, |
---|
974 | 974 | | 39 charter school, and eligible school: |
---|
975 | 975 | | 40 (i) the STEP THREE result; multiplied by |
---|
976 | 976 | | 41 (ii) the current ADM of students who receive not more |
---|
977 | 977 | | 42 than fifty percent (50%) virtual instruction for the |
---|
978 | 978 | | 2025 IN 1229—LS 7042/DI 125 23 |
---|
979 | 979 | | 1 school corporation, the current ADM of students who |
---|
980 | 980 | | 2 receive not more than fifty percent (50%) virtual |
---|
981 | 981 | | 3 instruction for the charter school, or the number of |
---|
982 | 982 | | 4 students who received a choice scholarship, did receive |
---|
983 | 983 | | 5 not more than fifty percent (50%) virtual instruction, |
---|
984 | 984 | | 6 and attended the eligible school in the current school |
---|
985 | 985 | | 7 year, as applicable. |
---|
986 | 986 | | 8 (2) After making the distributions under subdivision (1), the |
---|
987 | 987 | | 9 state comptroller shall next distribute to each governing body |
---|
988 | 988 | | 10 the amount needed for the subsequent month as provided in |
---|
989 | 989 | | 11 the governing body's report for the calendar year submitted |
---|
990 | 990 | | 12 under section 1 of this chapter. |
---|
991 | 991 | | 13 (3) This subdivision does not apply to school corporations. |
---|
992 | 992 | | 14 After making the distributions under subdivisions (1) and (2), |
---|
993 | 993 | | 15 the state comptroller shall distribute the remaining money in |
---|
994 | 994 | | 16 the fund to taxing units according to the following: |
---|
995 | 995 | | 17 STEP ONE: Determine, for each type of taxing unit the |
---|
996 | 996 | | 18 amount of that particular type of taxing unit's statewide |
---|
997 | 997 | | 19 average net levy for calendar years 2022, 2023, 2024, 2025, |
---|
998 | 998 | | 20 and 2026. |
---|
999 | 999 | | 21 STEP TWO: Determine the sum of all five (5) year average |
---|
1000 | 1000 | | 22 net levy results determined under STEP ONE for all types |
---|
1001 | 1001 | | 23 of taxing units. |
---|
1002 | 1002 | | 24 STEP THREE: For each type of taxing unit, determine: |
---|
1003 | 1003 | | 25 (i) the STEP ONE result for the type of taxing unit; |
---|
1004 | 1004 | | 26 divided by |
---|
1005 | 1005 | | 27 (ii) the STEP TWO result. |
---|
1006 | 1006 | | 28 STEP FOUR: To determine the aggregate allocation |
---|
1007 | 1007 | | 29 amount for each type of taxing unit, multiply: |
---|
1008 | 1008 | | 30 (i) the STEP THREE result for the type of taxing unit; |
---|
1009 | 1009 | | 31 by |
---|
1010 | 1010 | | 32 (ii) the amount of money remaining in the fund after the |
---|
1011 | 1011 | | 33 distributions under subdivisions (1) and (2). |
---|
1012 | 1012 | | 34 STEP FIVE: Of the aggregate allocation amount |
---|
1013 | 1013 | | 35 determined for counties under STEP FOUR, distribute: |
---|
1014 | 1014 | | 36 (i) seventy-five percent (75%) of the aggregate allocation |
---|
1015 | 1015 | | 37 amount among the counties proportionately based on the |
---|
1016 | 1016 | | 38 population of a particular county compared to all |
---|
1017 | 1017 | | 39 counties; and |
---|
1018 | 1018 | | 40 (ii) twenty-five percent (25%) of the aggregate allocation |
---|
1019 | 1019 | | 41 amount among the counties proportionately based on the |
---|
1020 | 1020 | | 42 total miles of county roads in a particular county |
---|
1021 | 1021 | | 2025 IN 1229—LS 7042/DI 125 24 |
---|
1022 | 1022 | | 1 compared to all counties. |
---|
1023 | 1023 | | 2 STEP SIX: Of the aggregate allocation amount determined |
---|
1024 | 1024 | | 3 for municipalities under STEP FOUR, distribute: |
---|
1025 | 1025 | | 4 (i) seventy-five percent (75%) of the aggregate allocation |
---|
1026 | 1026 | | 5 amount among the municipalities proportionately based |
---|
1027 | 1027 | | 6 on the population of a particular municipality compared |
---|
1028 | 1028 | | 7 to all municipalities; and |
---|
1029 | 1029 | | 8 (ii) twenty-five percent (25%) of the aggregate allocation |
---|
1030 | 1030 | | 9 amount among the municipalities proportionately based |
---|
1031 | 1031 | | 10 on the total miles of municipality roads in a particular |
---|
1032 | 1032 | | 11 municipality compared to all municipalities. |
---|
1033 | 1033 | | 12 STEP SEVEN: Of the aggregate allocation amount |
---|
1034 | 1034 | | 13 determined under STEP FOUR for libraries, distribute a |
---|
1035 | 1035 | | 14 proportionate amount to each library based on the |
---|
1036 | 1036 | | 15 population of the particular library compared to all |
---|
1037 | 1037 | | 16 libraries. |
---|
1038 | 1038 | | 17 STEP EIGHT: Of the aggregate allocation amount |
---|
1039 | 1039 | | 18 determined under STEP FOUR for townships and fire |
---|
1040 | 1040 | | 19 protection territories for which a township is the provider |
---|
1041 | 1041 | | 20 unit, distribute a proportionate amount to the county |
---|
1042 | 1042 | | 21 auditor in which the township is located based on the |
---|
1043 | 1043 | | 22 population of the particular township compared to all |
---|
1044 | 1044 | | 23 townships. The county council in the county in which the |
---|
1045 | 1045 | | 24 township is located shall determine how to allocate the |
---|
1046 | 1046 | | 25 money among the townships in the county. In determining |
---|
1047 | 1047 | | 26 how to allocate the money, the county council may consider |
---|
1048 | 1048 | | 27 whether one (1) or more townships located in the county |
---|
1049 | 1049 | | 28 will merge with any other township in the county. |
---|
1050 | 1050 | | 29 STEP NINE: For all other taxing unit types, respectively, |
---|
1051 | 1051 | | 30 distribute a proportionate amount to each taxing unit type |
---|
1052 | 1052 | | 31 based on the particular taxing unit type's average net levy |
---|
1053 | 1053 | | 32 for calendar years 2022, 2023, 2024, 2025, and 2026 |
---|
1054 | 1054 | | 33 compared to the average net levy for 2022, 2023, 2024, |
---|
1055 | 1055 | | 34 2025, and 2026 of all taxing units by type set to receive a |
---|
1056 | 1056 | | 35 distribution under this subdivision. |
---|
1057 | 1057 | | 36 Sec. 4. (a) Money distributed under section 3(1) and 3(3) of this |
---|
1058 | 1058 | | 37 chapter must first be used by the respective taxing unit for the |
---|
1059 | 1059 | | 38 payment of any outstanding bonds, leases, or other expenditures |
---|
1060 | 1060 | | 39 for which any property tax revenues were pledged prior to the |
---|
1061 | 1061 | | 40 abolishment of the imposition of property tax under this article. |
---|
1062 | 1062 | | 41 (b) After a taxing unit makes any required payments described |
---|
1063 | 1063 | | 42 in subsection (a), money distributed under section 3(1) and 3(3) of |
---|
1064 | 1064 | | 2025 IN 1229—LS 7042/DI 125 25 |
---|
1065 | 1065 | | 1 this chapter may be used for any legal purposes of the taxing unit. |
---|
1066 | 1066 | | 2 Sec. 5. If the amount distributed to a taxing unit or governing |
---|
1067 | 1067 | | 3 body under section 3 of this chapter in a month is insufficient to |
---|
1068 | 1068 | | 4 make a required payment on any outstanding bonds, leases, or |
---|
1069 | 1069 | | 5 other expenditures for which any property tax revenues were |
---|
1070 | 1070 | | 6 pledged prior to the abolishment of the imposition of property tax |
---|
1071 | 1071 | | 7 under this article, the state comptroller shall supplement the taxing |
---|
1072 | 1072 | | 8 unit's or governing body's distribution using money from the state |
---|
1073 | 1073 | | 9 general fund in an amount that, when combined with the |
---|
1074 | 1074 | | 10 distribution from the fund to the taxing unit or governing body, |
---|
1075 | 1075 | | 11 does not exceed the amount needed to make the required payment. |
---|
1076 | 1076 | | 12 Chapter 4. School Corporation Operating Referenda Funding |
---|
1077 | 1077 | | 13 Sec. 1. This chapter applies only: |
---|
1078 | 1078 | | 14 (1) to a school corporation that imposed: |
---|
1079 | 1079 | | 15 (A) an operating referendum tax levy under IC 20-46-1; or |
---|
1080 | 1080 | | 16 (B) a school safety referendum tax levy under IC 20-46-9; |
---|
1081 | 1081 | | 17 that was approved by the voters of the school corporation |
---|
1082 | 1082 | | 18 before May 10, 2025; and |
---|
1083 | 1083 | | 19 (2) beginning in calendar year 2027, and in each calendar year |
---|
1084 | 1084 | | 20 thereafter, until the expiration of the tax levy described in |
---|
1085 | 1085 | | 21 subdivision (1) as set out when approved by the voters of the |
---|
1086 | 1086 | | 22 school corporation. |
---|
1087 | 1087 | | 23 Sec. 2. Each owner of a parcel located in a school corporation's |
---|
1088 | 1088 | | 24 territory is liable for an annual fee to replace the loss of revenue |
---|
1089 | 1089 | | 25 previously collected by the school corporation from the imposition |
---|
1090 | 1090 | | 26 of an operating referendum tax levy or school safety referendum |
---|
1091 | 1091 | | 27 tax levy prior to the abolishment of the imposition of property tax |
---|
1092 | 1092 | | 28 under this article. |
---|
1093 | 1093 | | 29 Sec. 3. (a) The county treasurer shall mail to the owner of each |
---|
1094 | 1094 | | 30 parcel located in a school corporation's territory a statement in the |
---|
1095 | 1095 | | 31 form required under subsection (b). |
---|
1096 | 1096 | | 32 (b) The department of local government finance shall prescribe |
---|
1097 | 1097 | | 33 a form, subject to the approval of the state board of accounts, for |
---|
1098 | 1098 | | 34 the statement under subsection (a) that includes at least the |
---|
1099 | 1099 | | 35 following: |
---|
1100 | 1100 | | 36 (1) The total amount owed for the parcel for the year. |
---|
1101 | 1101 | | 37 (2) Information designed to show the manner in which the fee |
---|
1102 | 1102 | | 38 is to be used. |
---|
1103 | 1103 | | 39 (c) The county treasurer shall mail or transmit the statement |
---|
1104 | 1104 | | 40 one (1) time each year on or before April 15. The statement must |
---|
1105 | 1105 | | 41 contain the dates on which the first and second installments are |
---|
1106 | 1106 | | 42 due and denote the amount of money to be paid for each |
---|
1107 | 1107 | | 2025 IN 1229—LS 7042/DI 125 26 |
---|
1108 | 1108 | | 1 installment. |
---|
1109 | 1109 | | 2 (d) All payments under this chapter shall be made to the county |
---|
1110 | 1110 | | 3 treasurer. The county treasurer, when authorized by the board of |
---|
1111 | 1111 | | 4 county commissioners, may open temporary offices for the |
---|
1112 | 1112 | | 5 collection of fees in cities and towns in the county other than the |
---|
1113 | 1113 | | 6 county seat. |
---|
1114 | 1114 | | 7 (e) The school corporation, county treasurer, and county |
---|
1115 | 1115 | | 8 auditor shall cooperate to generate the information to be included |
---|
1116 | 1116 | | 9 in the statement under subsection (b). |
---|
1117 | 1117 | | 10 (f) The information to be included in the statement under |
---|
1118 | 1118 | | 11 subsection (b) must be simply and clearly presented and |
---|
1119 | 1119 | | 12 understandable to the average individual. |
---|
1120 | 1120 | | 13 Sec. 4. An annual fee due under this chapter is due in two (2) |
---|
1121 | 1121 | | 14 equal installments on May 10 and November 10 of the calendar |
---|
1122 | 1122 | | 15 year in the total amount determined in STEP THREE of the |
---|
1123 | 1123 | | 16 following formula: |
---|
1124 | 1124 | | 17 STEP ONE: Determine the total amount received by the |
---|
1125 | 1125 | | 18 school corporation from property tax revenue for the |
---|
1126 | 1126 | | 19 operating referendum or school safety referendum in |
---|
1127 | 1127 | | 20 calendar year 2026. |
---|
1128 | 1128 | | 21 STEP TWO: Multiply the STEP ONE result by the net |
---|
1129 | 1129 | | 22 assessed value for property taxes first due and payable in |
---|
1130 | 1130 | | 23 2026 for each property. |
---|
1131 | 1131 | | 24 STEP THREE: Divide the STEP TWO result by the net |
---|
1132 | 1132 | | 25 assessed value for property taxes first due and payable in |
---|
1133 | 1133 | | 26 2026 of all tangible property. |
---|
1134 | 1134 | | 27 Chapter 5. Procedures for Fixing and Reviewing Budgets |
---|
1135 | 1135 | | 28 Sec. 1. This chapter applies in calendar year 2026 and each |
---|
1136 | 1136 | | 29 calendar year thereafter. |
---|
1137 | 1137 | | 30 Sec. 2. Before June 15 of each year, the fiscal officer of each |
---|
1138 | 1138 | | 31 political subdivision shall provide the department of local |
---|
1139 | 1139 | | 32 government finance with an estimate of the total amount of the |
---|
1140 | 1140 | | 33 political subdivision's debt service obligations (as defined in |
---|
1141 | 1141 | | 34 IC 6-1.1-20.6-9.8) that will be due in the last six (6) months of the |
---|
1142 | 1142 | | 35 current year and in the ensuing year. |
---|
1143 | 1143 | | 36 Sec. 3. (a) When formulating an annual budget estimate, the |
---|
1144 | 1144 | | 37 proper officers of a political subdivision shall prepare an estimate |
---|
1145 | 1145 | | 38 of the amount of revenue which the political subdivision will |
---|
1146 | 1146 | | 39 receive from the state for and during the budget year for which the |
---|
1147 | 1147 | | 40 budget is being formulated. However, this section does not apply |
---|
1148 | 1148 | | 41 to funds to be received from the state or the federal government |
---|
1149 | 1149 | | 42 for: |
---|
1150 | 1150 | | 2025 IN 1229—LS 7042/DI 125 27 |
---|
1151 | 1151 | | 1 (1) township assistance; |
---|
1152 | 1152 | | 2 (2) unemployment relief; |
---|
1153 | 1153 | | 3 (3) old age pensions; or |
---|
1154 | 1154 | | 4 (4) other funds which may at any time be made available |
---|
1155 | 1155 | | 5 under "The Economic Security Act" or under any other |
---|
1156 | 1156 | | 6 federal act which provides for civil and public works projects. |
---|
1157 | 1157 | | 7 (b) When formulating an annual budget estimate, the proper |
---|
1158 | 1158 | | 8 officers of a political subdivision shall prepare an estimate of the |
---|
1159 | 1159 | | 9 amount of revenue that the political subdivision will receive under |
---|
1160 | 1160 | | 10 a development agreement (as defined in IC 36-1-8-9.5) for and |
---|
1161 | 1161 | | 11 during the budget year for which the budget is being formulated. |
---|
1162 | 1162 | | 12 Sec. 4. (a) The proper officers of a political subdivision shall |
---|
1163 | 1163 | | 13 formulate its estimated budget and expected revenue on the form |
---|
1164 | 1164 | | 14 prescribed by the department of local government finance and |
---|
1165 | 1165 | | 15 approved by the state board of accounts. In formulating a political |
---|
1166 | 1166 | | 16 subdivision's estimated budget under this section, the proper |
---|
1167 | 1167 | | 17 officers of the political subdivision must consider the distributions |
---|
1168 | 1168 | | 18 from the fund that will be collected by the political subdivision |
---|
1169 | 1169 | | 19 during the ensuing year, after taking into account the estimate of |
---|
1170 | 1170 | | 20 miscellaneous revenue that the political subdivision will receive in |
---|
1171 | 1171 | | 21 the ensuing year, and after taking into account all payments for |
---|
1172 | 1172 | | 22 debt service obligations that are to be made by the political |
---|
1173 | 1173 | | 23 subdivision during the ensuing year. The political subdivision shall |
---|
1174 | 1174 | | 24 submit the following information to the department's computer |
---|
1175 | 1175 | | 25 gateway: |
---|
1176 | 1176 | | 26 (1) The estimated budget, including estimated expenditures |
---|
1177 | 1177 | | 27 and revenue from all sources. |
---|
1178 | 1178 | | 28 (2) The time and place at which the political subdivision or |
---|
1179 | 1179 | | 29 appropriate fiscal body will hold a public hearing on the items |
---|
1180 | 1180 | | 30 described in subdivision (1). |
---|
1181 | 1181 | | 31 (3) The time and place at which the political subdivision or |
---|
1182 | 1182 | | 32 appropriate fiscal body will meet to fix the budget under |
---|
1183 | 1183 | | 33 section 5 of this chapter. |
---|
1184 | 1184 | | 34 (4) The date, time, and place of the final adoption of the |
---|
1185 | 1185 | | 35 budget under section 5 of this chapter. |
---|
1186 | 1186 | | 36 Except as provided in section 9(b) of this chapter, the political |
---|
1187 | 1187 | | 37 subdivision or appropriate fiscal body shall submit this |
---|
1188 | 1188 | | 38 information to the department's computer gateway at least ten (10) |
---|
1189 | 1189 | | 39 days before the public hearing required by this subsection in the |
---|
1190 | 1190 | | 40 manner prescribed by the department. If the date, time, or place of |
---|
1191 | 1191 | | 41 the final adoption subsequently changes, the political subdivision |
---|
1192 | 1192 | | 42 shall update the information submitted to the department's |
---|
1193 | 1193 | | 2025 IN 1229—LS 7042/DI 125 28 |
---|
1194 | 1194 | | 1 computer gateway. The department shall make this information |
---|
1195 | 1195 | | 2 available to taxpayers, at least ten (10) days before the public |
---|
1196 | 1196 | | 3 hearing, through its computer gateway and provide a telephone |
---|
1197 | 1197 | | 4 number through which taxpayers may request mailed copies of a |
---|
1198 | 1198 | | 5 political subdivision's information under this subsection. The |
---|
1199 | 1199 | | 6 department's computer gateway must allow a taxpayer to search |
---|
1200 | 1200 | | 7 for the information under this subsection by the taxpayer's |
---|
1201 | 1201 | | 8 address. The department shall review only the submission to the |
---|
1202 | 1202 | | 9 department's computer gateway for compliance with this section. |
---|
1203 | 1203 | | 10 (b) The board of directors of a solid waste management district |
---|
1204 | 1204 | | 11 established under IC 13-21 or IC 13-9.5-2 (before its repeal) may |
---|
1205 | 1205 | | 12 conduct the public hearing required under subsection (a): |
---|
1206 | 1206 | | 13 (1) in any county of the solid waste management district; and |
---|
1207 | 1207 | | 14 (2) in accordance with the annual notice of meetings published |
---|
1208 | 1208 | | 15 under IC 13-21-5-2. |
---|
1209 | 1209 | | 16 (c) If a political subdivision or appropriate fiscal body timely |
---|
1210 | 1210 | | 17 submits the information under subsection (a) but subsequently |
---|
1211 | 1211 | | 18 discovers the information contains an error, the political |
---|
1212 | 1212 | | 19 subdivision or appropriate fiscal body may submit amended |
---|
1213 | 1213 | | 20 information to the department's computer gateway. However, |
---|
1214 | 1214 | | 21 submission of an amendment to information described in |
---|
1215 | 1215 | | 22 subsection (a)(1) must occur at least ten (10) days before the public |
---|
1216 | 1216 | | 23 hearing held under subsection (a), and submission of an |
---|
1217 | 1217 | | 24 amendment to information described in subsection (a)(3) must |
---|
1218 | 1218 | | 25 occur at least twenty-four (24) hours before the time in which the |
---|
1219 | 1219 | | 26 meeting to fix the budget, tax rate, and levy was originally |
---|
1220 | 1220 | | 27 advertised to commence. |
---|
1221 | 1221 | | 28 Sec. 5. (a) Not later than November 1 each year, the officers of |
---|
1222 | 1222 | | 29 political subdivisions shall meet each year to fix the budget of their |
---|
1223 | 1223 | | 30 respective subdivisions for the ensuing budget year. Except in a |
---|
1224 | 1224 | | 31 consolidated city and county and in a second class city, the public |
---|
1225 | 1225 | | 32 hearing required by section 4 of this chapter must be completed at |
---|
1226 | 1226 | | 33 least ten (10) days before the proper officers of the political |
---|
1227 | 1227 | | 34 subdivision meet to fix the budget. In a consolidated city and |
---|
1228 | 1228 | | 35 county and in a second class city, that public hearing, by any |
---|
1229 | 1229 | | 36 committee or by the entire fiscal body, may be held at any time |
---|
1230 | 1230 | | 37 after introduction of the budget. |
---|
1231 | 1231 | | 38 (b) Ten (10) or more taxpayers may object to a budget of a |
---|
1232 | 1232 | | 39 political subdivision fixed under subsection (a) by filing an |
---|
1233 | 1233 | | 40 objection petition with the proper officers of the political |
---|
1234 | 1234 | | 41 subdivision not more than seven (7) days after the hearing. The |
---|
1235 | 1235 | | 42 objection petition must specifically identify the provisions of the |
---|
1236 | 1236 | | 2025 IN 1229—LS 7042/DI 125 29 |
---|
1237 | 1237 | | 1 budget to which the taxpayers object. |
---|
1238 | 1238 | | 2 (c) If a petition is filed under subsection (b), the fiscal body of |
---|
1239 | 1239 | | 3 the political subdivision shall adopt with its budget a finding |
---|
1240 | 1240 | | 4 concerning the objections in the petition and any testimony |
---|
1241 | 1241 | | 5 presented at the adoption hearing. |
---|
1242 | 1242 | | 6 (d) A political subdivision shall file the budget adopted by the |
---|
1243 | 1243 | | 7 political subdivision with the department of local government |
---|
1244 | 1244 | | 8 finance not later than five (5) business days after the budget is |
---|
1245 | 1245 | | 9 adopted under subsection (a). The filing with the department of |
---|
1246 | 1246 | | 10 local government finance must be in a manner prescribed by the |
---|
1247 | 1247 | | 11 department. |
---|
1248 | 1248 | | 12 (e) In a consolidated city and county and in a second class city, |
---|
1249 | 1249 | | 13 the clerk of the fiscal body shall, notwithstanding subsection (d), |
---|
1250 | 1250 | | 14 file the adopted budget and tax ordinances with the department of |
---|
1251 | 1251 | | 15 local government finance within five (5) business days after the |
---|
1252 | 1252 | | 16 ordinances are signed by the executive, or within five (5) business |
---|
1253 | 1253 | | 17 days after action is taken by the fiscal body to override a veto of |
---|
1254 | 1254 | | 18 the ordinances, whichever is later. |
---|
1255 | 1255 | | 19 (f) If a fiscal body does not fix the budget of the political |
---|
1256 | 1256 | | 20 subdivisions for the ensuing budget year as required under this |
---|
1257 | 1257 | | 21 section, the most recent annual appropriations are continued for |
---|
1258 | 1258 | | 22 the ensuing budget year. |
---|
1259 | 1259 | | 23 (g) When fixing a budget under subsection (a), the political |
---|
1260 | 1260 | | 24 subdivision shall indicate on its adopting document, in the manner |
---|
1261 | 1261 | | 25 prescribed by the department, whether the political subdivision |
---|
1262 | 1262 | | 26 intends to issue debt after December 1 of the year preceding the |
---|
1263 | 1263 | | 27 budget year. |
---|
1264 | 1264 | | 28 Sec. 6. If an ordinance to fix a city budget is: |
---|
1265 | 1265 | | 29 (1) vetoed by the city executive under IC 36-4-6-16(a)(2); or |
---|
1266 | 1266 | | 30 (2) considered vetoed under IC 36-4-6-16(b); |
---|
1267 | 1267 | | 31 and the veto is effective on a date later than October 1, the city's |
---|
1268 | 1268 | | 32 legislative body has thirty (30) days from the effective date of the |
---|
1269 | 1269 | | 33 veto to override the veto in accordance with IC 36-4-6-16(c) to fix |
---|
1270 | 1270 | | 34 the budget for the ensuing budget year. |
---|
1271 | 1271 | | 35 Sec. 7. A school corporation shall specify in its proposed budget |
---|
1272 | 1272 | | 36 the anticipated amount that will be transferred from the total |
---|
1273 | 1273 | | 37 revenue deposited in the school corporation's education fund to its |
---|
1274 | 1274 | | 38 operations fund during the next calendar year. At its public |
---|
1275 | 1275 | | 39 hearing to adopt a budget under this chapter, the school |
---|
1276 | 1276 | | 40 corporation shall acknowledge whether the school corporation's |
---|
1277 | 1277 | | 41 anticipated transfer amount will be more than fifteen percent |
---|
1278 | 1278 | | 42 (15%) of the total revenue deposited in the school corporation's |
---|
1279 | 1279 | | 2025 IN 1229—LS 7042/DI 125 30 |
---|
1280 | 1280 | | 1 education fund to its operations fund during the next calendar |
---|
1281 | 1281 | | 2 year. |
---|
1282 | 1282 | | 3 Sec. 8. (a) Not later than March 2 of each year, the executive of |
---|
1283 | 1283 | | 4 a political subdivision shall submit a statement to the department |
---|
1284 | 1284 | | 5 of local government finance attesting that the political subdivision |
---|
1285 | 1285 | | 6 uploaded any contract entered into during the immediately |
---|
1286 | 1286 | | 7 preceding year related to the provision of fire services or |
---|
1287 | 1287 | | 8 emergency medical services to the Indiana transparency website as |
---|
1288 | 1288 | | 9 required by IC 5-14-3.8-3.5(d). |
---|
1289 | 1289 | | 10 (b) The department of local government finance may not |
---|
1290 | 1290 | | 11 approve the budget of a political subdivision or a supplemental |
---|
1291 | 1291 | | 12 appropriation for a political subdivision until the political |
---|
1292 | 1292 | | 13 subdivision files the attestation under subsection (a). |
---|
1293 | 1293 | | 14 Sec. 9. (a) Each school corporation may elect to adopt a budget |
---|
1294 | 1294 | | 15 under this section that applies from July 1 of the year through June |
---|
1295 | 1295 | | 16 30 of the following year. In the initial budget adopted by a school |
---|
1296 | 1296 | | 17 corporation under this section, the first six (6) months of that |
---|
1297 | 1297 | | 18 initial budget must be consistent with the last six (6) months of the |
---|
1298 | 1298 | | 19 budget adopted by the school corporation for the calendar year in |
---|
1299 | 1299 | | 20 which the school corporation elects by resolution to begin adopting |
---|
1300 | 1300 | | 21 budgets that correspond to the state fiscal year. A corporation shall |
---|
1301 | 1301 | | 22 submit a copy of the resolution to the department of local |
---|
1302 | 1302 | | 23 government finance and the department of education not more |
---|
1303 | 1303 | | 24 than thirty (30) days after the date the governing body adopts the |
---|
1304 | 1304 | | 25 resolution. |
---|
1305 | 1305 | | 26 (b) Before April 1 of each year, the officers of the school |
---|
1306 | 1306 | | 27 corporation shall meet to fix the budget for the school corporation |
---|
1307 | 1307 | | 28 for the ensuing budget year, with notice given by the same officers. |
---|
1308 | 1308 | | 29 The school corporation shall submit the information described in |
---|
1309 | 1309 | | 30 section 3(a) of this chapter to the department's computer gateway |
---|
1310 | 1310 | | 31 at least ten (10) days before the meeting required by this subsection |
---|
1311 | 1311 | | 32 in the manner prescribed by the department. The department shall |
---|
1312 | 1312 | | 33 make this information available to taxpayers at least ten (10) days |
---|
1313 | 1313 | | 34 before the public hearing through its computer gateway, and |
---|
1314 | 1314 | | 35 provide a telephone number through which taxpayers may request |
---|
1315 | 1315 | | 36 mailed copies of a political subdivision's information under this |
---|
1316 | 1316 | | 37 subsection. However, if a resolution adopted under subsection (d) |
---|
1317 | 1317 | | 38 is in effect, the officers shall meet to fix the budget for the ensuing |
---|
1318 | 1318 | | 39 budget year before November 1. A school corporation that adopts |
---|
1319 | 1319 | | 40 a resolution under subsection (d) shall submit the information |
---|
1320 | 1320 | | 41 described in section 3(a) of this chapter in the manner prescribed |
---|
1321 | 1321 | | 42 by that section. |
---|
1322 | 1322 | | 2025 IN 1229—LS 7042/DI 125 31 |
---|
1323 | 1323 | | 1 (c) A school corporation that adopts a budget as provided in this |
---|
1324 | 1324 | | 2 section shall file the budget adopted by the school corporation with |
---|
1325 | 1325 | | 3 the department of local government finance not later than five (5) |
---|
1326 | 1326 | | 4 business days after the budget is adopted under subsection (b). The |
---|
1327 | 1327 | | 5 filing with the department of local government finance must be in |
---|
1328 | 1328 | | 6 a manner prescribed by the department. |
---|
1329 | 1329 | | 7 (d) The governing body of the school corporation may adopt a |
---|
1330 | 1330 | | 8 resolution to cease using a school year budget year and return to |
---|
1331 | 1331 | | 9 using a calendar year budget year. A resolution adopted under this |
---|
1332 | 1332 | | 10 subsection must be adopted after January 1 and before July 1. The |
---|
1333 | 1333 | | 11 school corporation's initial calendar year budget year following the |
---|
1334 | 1334 | | 12 adoption of a resolution under this subsection begins on January |
---|
1335 | 1335 | | 13 1 of the year following the year the resolution is adopted. The first |
---|
1336 | 1336 | | 14 six (6) months of the initial calendar year budget for the school |
---|
1337 | 1337 | | 15 corporation must be consistent with the last six (6) months of the |
---|
1338 | 1338 | | 16 final school year budget fixed by the department of local |
---|
1339 | 1339 | | 17 government finance before the adoption of a resolution under this |
---|
1340 | 1340 | | 18 subsection. |
---|
1341 | 1341 | | 19 (e) A resolution adopted under subsection (d) may be rescinded |
---|
1342 | 1342 | | 20 by a subsequent resolution adopted by the governing body. If the |
---|
1343 | 1343 | | 21 governing body of the school corporation rescinds a resolution |
---|
1344 | 1344 | | 22 adopted under subsection (d) and returns to a school year budget |
---|
1345 | 1345 | | 23 year, the school corporation's initial school year budget year |
---|
1346 | 1346 | | 24 begins on July 1 following the adoption of the rescinding resolution |
---|
1347 | 1347 | | 25 and ends on June 30 of the following year. The first six (6) months |
---|
1348 | 1348 | | 26 of the initial school year budget for the school corporation must be |
---|
1349 | 1349 | | 27 consistent with the last six (6) months of the last calendar year |
---|
1350 | 1350 | | 28 budget fixed by the department of local government finance before |
---|
1351 | 1351 | | 29 the adoption of a rescinding resolution under this subsection. |
---|
1352 | 1352 | | 30 Sec. 10. If the boundaries of a political subdivision cross one (1) |
---|
1353 | 1353 | | 31 or more county lines, the budget, tax levy, and tax rate fixed by the |
---|
1354 | 1354 | | 32 political subdivision shall be filed with the county auditor of each |
---|
1355 | 1355 | | 33 affected county in the manner prescribed in section 5 or 9 of this |
---|
1356 | 1356 | | 34 chapter. |
---|
1357 | 1357 | | 35 SECTION 20. IC 6-2.5-1-1, AS AMENDED BY P.L.146-2020, |
---|
1358 | 1358 | | 36 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
1359 | 1359 | | 37 JULY 1, 2026]: Sec. 1. (a) Except as provided in subsection (b) or (c), |
---|
1360 | 1360 | | 38 "unitary transaction" includes all items of personal property and |
---|
1361 | 1361 | | 39 services which are furnished under a single order or agreement and for |
---|
1362 | 1362 | | 40 which a total combined charge or price is calculated. |
---|
1363 | 1363 | | 41 (b) "Unitary transaction" does not include a transaction that meets |
---|
1364 | 1364 | | 42 one (1) of the exceptions exception in section 11.5(d) 11.5(c) of this |
---|
1365 | 1365 | | 2025 IN 1229—LS 7042/DI 125 32 |
---|
1366 | 1366 | | 1 chapter. |
---|
1367 | 1367 | | 2 (c) "Unitary transaction" as it applies to the furnishing of public |
---|
1368 | 1368 | | 3 utility commodities or services means the public utility commodities |
---|
1369 | 1369 | | 4 and services which are invoiced in a single bill or statement for |
---|
1370 | 1370 | | 5 payment by the consumer. |
---|
1371 | 1371 | | 6 SECTION 21. IC 6-2.5-1-5, AS AMENDED BY P.L.199-2021, |
---|
1372 | 1372 | | 7 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
1373 | 1373 | | 8 JULY 1, 2026]: Sec. 5. (a) Except as provided in subsection (b), "gross |
---|
1374 | 1374 | | 9 retail income" means the total amount of consideration, including cash, |
---|
1375 | 1375 | | 10 credit, property, and services, for which tangible personal property or |
---|
1376 | 1376 | | 11 a service is sold, leased, or rented, valued in money, whether received |
---|
1377 | 1377 | | 12 in money or otherwise, without any deduction for: |
---|
1378 | 1378 | | 13 (1) the seller's cost of the property sold; |
---|
1379 | 1379 | | 14 (2) the cost of materials used, labor or service cost, interest, |
---|
1380 | 1380 | | 15 losses, all costs of transportation to the seller, all taxes imposed |
---|
1381 | 1381 | | 16 on the seller, and any other expense of the seller; |
---|
1382 | 1382 | | 17 (3) charges by the seller for any services necessary to complete |
---|
1383 | 1383 | | 18 the sale; other than delivery and installation charges; |
---|
1384 | 1384 | | 19 (4) delivery charges; or |
---|
1385 | 1385 | | 20 (5) consideration received by the seller from a third party if: |
---|
1386 | 1386 | | 21 (A) the seller actually receives consideration from a party |
---|
1387 | 1387 | | 22 other than the purchaser and the consideration is directly |
---|
1388 | 1388 | | 23 related to a price reduction or discount on the sale; |
---|
1389 | 1389 | | 24 (B) the seller has an obligation to pass the price reduction or |
---|
1390 | 1390 | | 25 discount through to the purchaser; |
---|
1391 | 1391 | | 26 (C) the amount of the consideration attributable to the sale is |
---|
1392 | 1392 | | 27 fixed and determinable by the seller at the time of the sale of |
---|
1393 | 1393 | | 28 the item to the purchaser; and |
---|
1394 | 1394 | | 29 (D) the price reduction or discount is identified as a third party |
---|
1395 | 1395 | | 30 price reduction or discount on the invoice received by the |
---|
1396 | 1396 | | 31 purchaser or on a coupon, certificate, or other documentation |
---|
1397 | 1397 | | 32 presented by the purchaser. |
---|
1398 | 1398 | | 33 For purposes of subdivision (4), delivery charges are charges by the |
---|
1399 | 1399 | | 34 seller for preparation and delivery of the property to a location |
---|
1400 | 1400 | | 35 designated by the purchaser of property, including but not limited to |
---|
1401 | 1401 | | 36 transportation, shipping, postage charges that are not separately stated |
---|
1402 | 1402 | | 37 on the invoice, bill of sale, or similar document, handling, crating, and |
---|
1403 | 1403 | | 38 packing. Delivery charges do not include postage charges that are |
---|
1404 | 1404 | | 39 separately stated on the invoice, bill of sale, or similar document. |
---|
1405 | 1405 | | 40 (b) "Gross retail income" does not include that part of the gross |
---|
1406 | 1406 | | 41 receipts attributable to: |
---|
1407 | 1407 | | 42 (1) the value of any tangible personal property received in a like |
---|
1408 | 1408 | | 2025 IN 1229—LS 7042/DI 125 33 |
---|
1409 | 1409 | | 1 kind exchange in the retail transaction, if the value of the property |
---|
1410 | 1410 | | 2 given in exchange is separately stated on the invoice, bill of sale, |
---|
1411 | 1411 | | 3 or similar document given to the purchaser; |
---|
1412 | 1412 | | 4 (2) the receipts received in a retail transaction which constitute |
---|
1413 | 1413 | | 5 interest or finance charges or insurance premiums on either a |
---|
1414 | 1414 | | 6 promissory note or an installment sales contract; |
---|
1415 | 1415 | | 7 (3) discounts, including cash, terms, or coupons that are not |
---|
1416 | 1416 | | 8 reimbursed by a third party that are allowed by a seller and taken |
---|
1417 | 1417 | | 9 by a purchaser on a sale; |
---|
1418 | 1418 | | 10 (4) interest, financing, and carrying charges from credit extended |
---|
1419 | 1419 | | 11 on the sale of personal property or services if the amount is |
---|
1420 | 1420 | | 12 separately stated on the invoice, bill of sale, or similar document |
---|
1421 | 1421 | | 13 given to the purchaser; |
---|
1422 | 1422 | | 14 (5) any taxes legally imposed directly on the consumer that are |
---|
1423 | 1423 | | 15 separately stated on the invoice, bill of sale, or similar document |
---|
1424 | 1424 | | 16 given to the purchaser, including an excise tax imposed under |
---|
1425 | 1425 | | 17 IC 6-6-15; |
---|
1426 | 1426 | | 18 (6) installation charges that are separately stated on the invoice, |
---|
1427 | 1427 | | 19 bill of sale, or similar document given to the purchaser; |
---|
1428 | 1428 | | 20 (7) (6) telecommunications nonrecurring charges; or |
---|
1429 | 1429 | | 21 (8) (7) postage charges that are separately stated on the invoice, |
---|
1430 | 1430 | | 22 bill of sale, or similar document. or |
---|
1431 | 1431 | | 23 (9) charges for serving or delivering food and food ingredients |
---|
1432 | 1432 | | 24 furnished, prepared, or served for consumption at a location, or on |
---|
1433 | 1433 | | 25 equipment, provided by the retail merchant, to the extent that the |
---|
1434 | 1434 | | 26 charges for the serving or delivery are stated separately from the |
---|
1435 | 1435 | | 27 price of the food and food ingredients when the purchaser pays |
---|
1436 | 1436 | | 28 the charges. |
---|
1437 | 1437 | | 29 (c) Notwithstanding subsection (b)(5): |
---|
1438 | 1438 | | 30 (1) in the case of retail sales of special fuel (as defined in |
---|
1439 | 1439 | | 31 IC 6-6-2.5-22), the gross retail income is the total sales price of |
---|
1440 | 1440 | | 32 the special fuel minus the part of that price attributable to tax |
---|
1441 | 1441 | | 33 imposed under IC 6-6-2.5 or Section 4041 or Section 4081 of the |
---|
1442 | 1442 | | 34 Internal Revenue Code; |
---|
1443 | 1443 | | 35 (2) in the case of retail sales of cigarettes (as defined in |
---|
1444 | 1444 | | 36 IC 6-7-1-2), the gross retail income is the total sales price of the |
---|
1445 | 1445 | | 37 cigarettes including the tax imposed under IC 6-7-1; and |
---|
1446 | 1446 | | 38 (3) in the case of retail sales of consumable material (as defined |
---|
1447 | 1447 | | 39 in IC 6-7-4-2), vapor products (as defined in IC 6-7-4-8), and |
---|
1448 | 1448 | | 40 closed system cartridges (as defined in IC 6-7-2-0.5) under the |
---|
1449 | 1449 | | 41 closed system cartridge tax, the gross retail income received from |
---|
1450 | 1450 | | 42 selling at retail is the total sales price of the consumable material |
---|
1451 | 1451 | | 2025 IN 1229—LS 7042/DI 125 34 |
---|
1452 | 1452 | | 1 (as defined in IC 6-7-4-2), vapor products (as defined in |
---|
1453 | 1453 | | 2 IC 6-7-4-8), and closed system cartridges (as defined in |
---|
1454 | 1454 | | 3 IC 6-7-2-0.5) including the tax imposed under IC 6-7-4 and |
---|
1455 | 1455 | | 4 IC 6-7-2-7.5. |
---|
1456 | 1456 | | 5 (d) Gross retail income is only taxable under this article to the |
---|
1457 | 1457 | | 6 extent that the income represents |
---|
1458 | 1458 | | 7 (1) the price of the property transferred without the rendition of |
---|
1459 | 1459 | | 8 any or the services and |
---|
1460 | 1460 | | 9 (2) except as provided in subsection (b), any bona fide charges |
---|
1461 | 1461 | | 10 which are made for preparation, fabrication, alteration, |
---|
1462 | 1462 | | 11 modification, finishing, completion, delivery, or other service |
---|
1463 | 1463 | | 12 performed in respect to the property transferred before its transfer |
---|
1464 | 1464 | | 13 and which are separately stated on the transferor's records. For |
---|
1465 | 1465 | | 14 purposes of this subdivision, a transfer is considered to have |
---|
1466 | 1466 | | 15 occurred after the delivery of the property to the purchaser. |
---|
1467 | 1467 | | 16 performed by the seller, or both. |
---|
1468 | 1468 | | 17 (e) A public utility's or a power subsidiary's gross retail income |
---|
1469 | 1469 | | 18 includes all gross retail income received by the public utility or power |
---|
1470 | 1470 | | 19 subsidiary, including any minimum charge, flat charge, membership |
---|
1471 | 1471 | | 20 fee, or any other form of charge or billing. |
---|
1472 | 1472 | | 21 SECTION 22. IC 6-2.5-1-11.5, AS AMENDED BY P.L.146-2020, |
---|
1473 | 1473 | | 22 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
1474 | 1474 | | 23 JULY 1, 2026]: Sec. 11.5. (a) This section applies to retail transactions |
---|
1475 | 1475 | | 24 occurring after December 31, 2007. |
---|
1476 | 1476 | | 25 (b) (a) "Bundled transaction" means a retail sale of two (2) or more |
---|
1477 | 1477 | | 26 products or services, except real property and services to real property, |
---|
1478 | 1478 | | 27 that are: |
---|
1479 | 1479 | | 28 (1) distinct; |
---|
1480 | 1480 | | 29 (2) identifiable; and |
---|
1481 | 1481 | | 30 (3) sold for one (1) nonitemized price. |
---|
1482 | 1482 | | 31 (c) (b) The term does not include a retail sale in which the sales |
---|
1483 | 1483 | | 32 price of a product or a service varies, or is negotiable, based on other |
---|
1484 | 1484 | | 33 products or services that the purchaser selects for inclusion in the |
---|
1485 | 1485 | | 34 transaction. |
---|
1486 | 1486 | | 35 (d) (c) The term does not include a retail sale that: |
---|
1487 | 1487 | | 36 (1) is comprised of: |
---|
1488 | 1488 | | 37 (A) a service that is the true object of the transaction; and |
---|
1489 | 1489 | | 38 (B) tangible personal property that: |
---|
1490 | 1490 | | 39 (i) is essential to the use of the service; and |
---|
1491 | 1491 | | 40 (ii) is provided exclusively in connection with the service; |
---|
1492 | 1492 | | 41 (2) (1) includes both taxable and nontaxable products or services |
---|
1493 | 1493 | | 42 in which: |
---|
1494 | 1494 | | 2025 IN 1229—LS 7042/DI 125 35 |
---|
1495 | 1495 | | 1 (A) the seller's purchase price; or |
---|
1496 | 1496 | | 2 (B) the sales price; |
---|
1497 | 1497 | | 3 of the taxable products or services does not exceed ten percent |
---|
1498 | 1498 | | 4 (10%) of the total purchase price or the total sales price of the |
---|
1499 | 1499 | | 5 bundled products; or |
---|
1500 | 1500 | | 6 (3) (2) includes both exempt tangible personal property and |
---|
1501 | 1501 | | 7 taxable tangible personal property: |
---|
1502 | 1502 | | 8 (A) any of which is classified as: |
---|
1503 | 1503 | | 9 (i) food and food ingredients; |
---|
1504 | 1504 | | 10 (ii) drugs; |
---|
1505 | 1505 | | 11 (iii) durable medical equipment; |
---|
1506 | 1506 | | 12 (iv) mobility enhancing equipment; |
---|
1507 | 1507 | | 13 (v) over-the-counter drugs; |
---|
1508 | 1508 | | 14 (vi) prosthetic devices; or |
---|
1509 | 1509 | | 15 (vii) medical supplies; and |
---|
1510 | 1510 | | 16 (B) for which: |
---|
1511 | 1511 | | 17 (i) the seller's purchase price; or |
---|
1512 | 1512 | | 18 (ii) the sales price; |
---|
1513 | 1513 | | 19 of the taxable tangible personal property is fifty percent (50%) |
---|
1514 | 1514 | | 20 or less of the total purchase price or the total sales price of the |
---|
1515 | 1515 | | 21 bundled tangible personal property. |
---|
1516 | 1516 | | 22 The determination under clause (B) must be made on the basis of |
---|
1517 | 1517 | | 23 either individual item purchase prices or individual item sale |
---|
1518 | 1518 | | 24 prices. |
---|
1519 | 1519 | | 25 (e) (d) A transaction that meets one (1) of the exceptions in |
---|
1520 | 1520 | | 26 subsection (d) (c) shall be excluded from the definition of unitary |
---|
1521 | 1521 | | 27 transaction under section 1(a) of this chapter. |
---|
1522 | 1522 | | 28 SECTION 23. IC 6-2.5-1-22.1 IS ADDED TO THE INDIANA |
---|
1523 | 1523 | | 29 CODE AS A NEW SECTION TO READ AS FOLLOWS |
---|
1524 | 1524 | | 30 [EFFECTIVE JULY 1, 2026]: Sec. 22.1. As used in this article, |
---|
1525 | 1525 | | 31 "NAICS code" refers to the code used to classify a particular |
---|
1526 | 1526 | | 32 industry in the current edition of the North American Industry |
---|
1527 | 1527 | | 33 Classification System Manual - United States, published by the |
---|
1528 | 1528 | | 34 National Technical Information Service of the United States |
---|
1529 | 1529 | | 35 Department of Commerce. |
---|
1530 | 1530 | | 36 SECTION 24. IC 6-2.5-1-25.7 IS ADDED TO THE INDIANA |
---|
1531 | 1531 | | 37 CODE AS A NEW SECTION TO READ AS FOLLOWS |
---|
1532 | 1532 | | 38 [EFFECTIVE JULY 1, 2026]: Sec. 25.7. (a) "Service" means any |
---|
1533 | 1533 | | 39 activity engaged in for another person for consideration. |
---|
1534 | 1534 | | 40 (b) The term does not include either of the following: |
---|
1535 | 1535 | | 41 (1) A service rendered by an employee for the employee's |
---|
1536 | 1536 | | 42 employer. |
---|
1537 | 1537 | | 2025 IN 1229—LS 7042/DI 125 36 |
---|
1538 | 1538 | | 1 (2) A lease or rental of residential real property for a period |
---|
1539 | 1539 | | 2 of more than thirty (30) days. |
---|
1540 | 1540 | | 3 SECTION 25. IC 6-2.5-2-1, AS AMENDED BY P.L.118-2024, |
---|
1541 | 1541 | | 4 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
1542 | 1542 | | 5 JULY 1, 2026]: Sec. 1. (a) An excise tax, known as the state gross |
---|
1543 | 1543 | | 6 retail tax, is imposed on retail transactions made in Indiana. |
---|
1544 | 1544 | | 7 (b) The person who acquires property or receives a service in a |
---|
1545 | 1545 | | 8 retail transaction is liable for the tax on the transaction and, except as |
---|
1546 | 1546 | | 9 otherwise provided in this chapter, shall pay the tax to the retail |
---|
1547 | 1547 | | 10 merchant as a separate added amount to the consideration in the |
---|
1548 | 1548 | | 11 transaction. A retail merchant that has either physical presence in |
---|
1549 | 1549 | | 12 Indiana as described in subsection (c) or that meets the threshold in |
---|
1550 | 1550 | | 13 subsection (d) shall collect the tax as agent for the state. |
---|
1551 | 1551 | | 14 (c) A retail merchant has physical presence in Indiana when the |
---|
1552 | 1552 | | 15 retail merchant: |
---|
1553 | 1553 | | 16 (1) maintains an office, place of distribution, sales location, |
---|
1554 | 1554 | | 17 sample location, warehouse, storage place, or other place of |
---|
1555 | 1555 | | 18 business which is located in Indiana and which the retail |
---|
1556 | 1556 | | 19 merchant maintains, occupies, or uses, either permanently or |
---|
1557 | 1557 | | 20 temporarily, either directly or indirectly, and either by the retail |
---|
1558 | 1558 | | 21 merchant or through a representative, agent, or subsidiary; |
---|
1559 | 1559 | | 22 (2) maintains a representative, agent, salesperson, canvasser, or |
---|
1560 | 1560 | | 23 solicitor who, while operating in Indiana under the authority of |
---|
1561 | 1561 | | 24 and on behalf of the retail merchant or a subsidiary of the retail |
---|
1562 | 1562 | | 25 merchant, sells, delivers, installs, repairs, assembles, sets up, |
---|
1563 | 1563 | | 26 accepts returns of, bills, invoices, or takes orders for sales of |
---|
1564 | 1564 | | 27 tangible personal property or services to be used, stored, or |
---|
1565 | 1565 | | 28 consumed in Indiana; or |
---|
1566 | 1566 | | 29 (3) is otherwise required to register as a retail merchant under |
---|
1567 | 1567 | | 30 IC 6-2.5-8-1. |
---|
1568 | 1568 | | 31 (d) A retail merchant that does not have a physical presence in |
---|
1569 | 1569 | | 32 Indiana shall, as an agent for the state, collect the gross retail tax on a |
---|
1570 | 1570 | | 33 retail transaction made in Indiana, remit the gross retail tax as provided |
---|
1571 | 1571 | | 34 in this article, and comply with all applicable procedures and |
---|
1572 | 1572 | | 35 requirements of this article as if the retail merchant has a physical |
---|
1573 | 1573 | | 36 presence in Indiana, if the retail merchant's gross revenue from any |
---|
1574 | 1574 | | 37 combination of: |
---|
1575 | 1575 | | 38 (1) the sale of tangible personal property that is delivered into |
---|
1576 | 1576 | | 39 Indiana; |
---|
1577 | 1577 | | 40 (2) a product transferred electronically into Indiana; or |
---|
1578 | 1578 | | 41 (3) a service delivered in Indiana; |
---|
1579 | 1579 | | 42 exceeds one hundred thousand dollars ($100,000) for the calendar year |
---|
1580 | 1580 | | 2025 IN 1229—LS 7042/DI 125 37 |
---|
1581 | 1581 | | 1 in which the retail transaction is made or for the calendar year |
---|
1582 | 1582 | | 2 preceding the calendar year in which the retail transaction is made. |
---|
1583 | 1583 | | 3 (e) A marketplace facilitator must include both transactions made |
---|
1584 | 1584 | | 4 on its own behalf and transactions facilitated for sellers under |
---|
1585 | 1585 | | 5 IC 6-2.5-4-18 for purposes of establishing the requirement to collect |
---|
1586 | 1586 | | 6 gross retail tax without having a physical presence in Indiana for |
---|
1587 | 1587 | | 7 purposes of subsection (d). In addition, except in instances where the |
---|
1588 | 1588 | | 8 marketplace facilitator has not met the threshold in subsection (d), the |
---|
1589 | 1589 | | 9 transactions of the seller made through the marketplace are not counted |
---|
1590 | 1590 | | 10 toward the seller for purposes of determining whether the seller has |
---|
1591 | 1591 | | 11 met the threshold in subsection (d). |
---|
1592 | 1592 | | 12 SECTION 26. IC 6-2.5-3-1, AS AMENDED BY P.L.146-2020, |
---|
1593 | 1593 | | 13 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
1594 | 1594 | | 14 JULY 1, 2026]: Sec. 1. For purposes of this chapter: |
---|
1595 | 1595 | | 15 (a) "Use" means either of the following: |
---|
1596 | 1596 | | 16 (1) The exercise of any right or power of ownership over tangible |
---|
1597 | 1597 | | 17 personal property. |
---|
1598 | 1598 | | 18 (2) The employment of a service for its intended purpose. |
---|
1599 | 1599 | | 19 (b) "Storage" means the keeping or retention of tangible personal |
---|
1600 | 1600 | | 20 property in Indiana for any purpose except temporary storage. |
---|
1601 | 1601 | | 21 (c) "Temporary storage" means the keeping or retention of tangible |
---|
1602 | 1602 | | 22 personal property in Indiana for a period of not more than one hundred |
---|
1603 | 1603 | | 23 eighty (180) days and only for the purpose of the subsequent use of that |
---|
1604 | 1604 | | 24 property solely outside Indiana. |
---|
1605 | 1605 | | 25 (d) Notwithstanding any other provision of this section, tangible or |
---|
1606 | 1606 | | 26 intangible property that is: |
---|
1607 | 1607 | | 27 (1) owned or leased by a person that has contracted with a |
---|
1608 | 1608 | | 28 commercial printer for printing; and |
---|
1609 | 1609 | | 29 (2) located at the premises of the commercial printer; |
---|
1610 | 1610 | | 30 shall not be considered to be, or to create, an office, a place of |
---|
1611 | 1611 | | 31 distribution, a sales location, a sample location, a warehouse, a storage |
---|
1612 | 1612 | | 32 place, or other place of business maintained, occupied, or used in any |
---|
1613 | 1613 | | 33 way by the person. A commercial printer with which a person has |
---|
1614 | 1614 | | 34 contracted for printing shall not be considered to be in any way a |
---|
1615 | 1615 | | 35 representative, an agent, a salesman, a canvasser, or a solicitor for the |
---|
1616 | 1616 | | 36 person. |
---|
1617 | 1617 | | 37 SECTION 27. IC 6-2.5-3-2, AS AMENDED BY P.L.181-2016, |
---|
1618 | 1618 | | 38 SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
1619 | 1619 | | 39 JULY 1, 2026]: Sec. 2. (a) An excise tax, known as the use tax, is |
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1620 | 1620 | | 40 imposed on the storage, use, or consumption of tangible personal |
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1621 | 1621 | | 41 property or the use of a service in Indiana if the property or service |
---|
1622 | 1622 | | 42 was acquired in a retail transaction, regardless of the location of that |
---|
1623 | 1623 | | 2025 IN 1229—LS 7042/DI 125 38 |
---|
1624 | 1624 | | 1 transaction or of the retail merchant making that transaction. |
---|
1625 | 1625 | | 2 (b) The use tax is also imposed on the storage, use, or consumption |
---|
1626 | 1626 | | 3 of a vehicle, an aircraft, or a watercraft, if the vehicle, aircraft, or |
---|
1627 | 1627 | | 4 watercraft: |
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1628 | 1628 | | 5 (1) is acquired in a transaction that is an isolated or occasional |
---|
1629 | 1629 | | 6 sale; and |
---|
1630 | 1630 | | 7 (2) is required to be titled, licensed, or registered by this state for |
---|
1631 | 1631 | | 8 use in Indiana. |
---|
1632 | 1632 | | 9 (c) The use tax is imposed on a contractor's conversion of |
---|
1633 | 1633 | | 10 construction material into real property if that construction material |
---|
1634 | 1634 | | 11 was purchased by the contractor. However, the use tax does not apply |
---|
1635 | 1635 | | 12 to conversions of construction material described in this subsection, if: |
---|
1636 | 1636 | | 13 (1) the state gross retail or use tax has been previously imposed |
---|
1637 | 1637 | | 14 on the contractor's acquisition or use of that construction material; |
---|
1638 | 1638 | | 15 (2) the person for whom the construction material is being |
---|
1639 | 1639 | | 16 converted could have purchased the material exempt from the |
---|
1640 | 1640 | | 17 state gross retail and use taxes, as evidenced by a properly issued |
---|
1641 | 1641 | | 18 exemption certificate, if that person had directly purchased the |
---|
1642 | 1642 | | 19 construction material from a retail merchant in a retail |
---|
1643 | 1643 | | 20 transaction; or |
---|
1644 | 1644 | | 21 (3) the conversion of the construction material into real property |
---|
1645 | 1645 | | 22 is governed by a time and material contract as described in |
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1646 | 1646 | | 23 IC 6-2.5-4-9(b). |
---|
1647 | 1647 | | 24 (d) The use tax is imposed on a person who: |
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1648 | 1648 | | 25 (1) manufactures, fabricates, or assembles tangible personal |
---|
1649 | 1649 | | 26 property from materials either within or outside Indiana; and |
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1650 | 1650 | | 27 (2) uses, stores, distributes, or consumes tangible personal |
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1651 | 1651 | | 28 property in Indiana. |
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1652 | 1652 | | 29 (e) Notwithstanding any other provision of this section, the use tax |
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1653 | 1653 | | 30 is not imposed on the keeping, retaining, or exercising of any right or |
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1654 | 1654 | | 31 power over tangible personal property, if: |
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1655 | 1655 | | 32 (1) the property is delivered into Indiana by or for the purchaser |
---|
1656 | 1656 | | 33 of the property; |
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1657 | 1657 | | 34 (2) the property is delivered in Indiana for the sole purpose of |
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1658 | 1658 | | 35 being processed, printed, fabricated, or manufactured into, |
---|
1659 | 1659 | | 36 attached to, or incorporated into other tangible personal property; |
---|
1660 | 1660 | | 37 and |
---|
1661 | 1661 | | 38 (3) the property is subsequently transported out of state for use |
---|
1662 | 1662 | | 39 solely outside Indiana. |
---|
1663 | 1663 | | 40 (f) As used in subsection (g) and IC 6-2.5-5-42: |
---|
1664 | 1664 | | 41 (1) "completion work" means the addition of tangible personal |
---|
1665 | 1665 | | 42 property to or reconfiguration of the interior of an aircraft, if the |
---|
1666 | 1666 | | 2025 IN 1229—LS 7042/DI 125 39 |
---|
1667 | 1667 | | 1 work requires the issuance of an airworthiness certificate from |
---|
1668 | 1668 | | 2 the: |
---|
1669 | 1669 | | 3 (A) Federal Aviation Administration; or |
---|
1670 | 1670 | | 4 (B) equivalent foreign regulatory authority; |
---|
1671 | 1671 | | 5 due to the change in the type certification basis of the aircraft |
---|
1672 | 1672 | | 6 resulting from the addition to or reconfiguration of the interior of |
---|
1673 | 1673 | | 7 the aircraft; |
---|
1674 | 1674 | | 8 (2) "delivery" means the physical delivery of the aircraft |
---|
1675 | 1675 | | 9 regardless of who holds title; and |
---|
1676 | 1676 | | 10 (3) "prepurchase evaluation" means an examination of an aircraft |
---|
1677 | 1677 | | 11 by a potential purchaser for the purpose of obtaining information |
---|
1678 | 1678 | | 12 relevant to the potential purchase of the aircraft. |
---|
1679 | 1679 | | 13 (g) Notwithstanding any other provision of this section, the use tax |
---|
1680 | 1680 | | 14 is not imposed on the keeping, retaining, or exercising of any right or |
---|
1681 | 1681 | | 15 power over an aircraft, if: |
---|
1682 | 1682 | | 16 (1) the aircraft is or will be titled, registered, or based (as defined |
---|
1683 | 1683 | | 17 in IC 6-6-6.5-1(m)) in another state or country; |
---|
1684 | 1684 | | 18 (2) the aircraft is delivered to Indiana by or for a nonresident |
---|
1685 | 1685 | | 19 owner or purchaser of the aircraft; |
---|
1686 | 1686 | | 20 (3) the aircraft is delivered to Indiana for the sole purpose of |
---|
1687 | 1687 | | 21 being repaired, refurbished, remanufactured, or subjected to |
---|
1688 | 1688 | | 22 completion work or a prepurchase evaluation; and |
---|
1689 | 1689 | | 23 (4) after completion of the repair, refurbishment, remanufacture, |
---|
1690 | 1690 | | 24 completion work, or prepurchase evaluation, the aircraft is |
---|
1691 | 1691 | | 25 transported to a destination outside Indiana. |
---|
1692 | 1692 | | 26 (h) The amendments made to this section by P.L.153-2012 shall be |
---|
1693 | 1693 | | 27 interpreted to specify and not to change the general assembly's intent |
---|
1694 | 1694 | | 28 with respect to this section. |
---|
1695 | 1695 | | 29 SECTION 28. IC 6-2.5-3-4, AS AMENDED BY P.L.137-2022, |
---|
1696 | 1696 | | 30 SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
1697 | 1697 | | 31 JULY 1, 2026]: Sec. 4. (a) The storage, use, and consumption of |
---|
1698 | 1698 | | 32 tangible personal property or the use of a service in Indiana is exempt |
---|
1699 | 1699 | | 33 from the use tax if: |
---|
1700 | 1700 | | 34 (1) the property or service was acquired in a retail transaction and |
---|
1701 | 1701 | | 35 the state gross retail tax has been paid on the acquisition of that |
---|
1702 | 1702 | | 36 property or service; or |
---|
1703 | 1703 | | 37 (2) the property or service was acquired in a transaction that is |
---|
1704 | 1704 | | 38 wholly or partially exempt from the state gross retail tax under |
---|
1705 | 1705 | | 39 any part of IC 6-2.5-5 and the property or service is being used, |
---|
1706 | 1706 | | 40 stored, or consumed for the purpose for which it was exempted. |
---|
1707 | 1707 | | 41 (b) If a person issues a state gross retail or use tax exemption |
---|
1708 | 1708 | | 42 certificate for the acquisition of tangible personal property or a service |
---|
1709 | 1709 | | 2025 IN 1229—LS 7042/DI 125 40 |
---|
1710 | 1710 | | 1 and subsequently uses, stores, or consumes that property or service for |
---|
1711 | 1711 | | 2 a nonexempt purpose, then the person shall pay the use tax. |
---|
1712 | 1712 | | 3 SECTION 29. IC 6-2.5-3-5 IS AMENDED TO READ AS |
---|
1713 | 1713 | | 4 FOLLOWS [EFFECTIVE JULY 1, 2026]: Sec. 5. A person is entitled |
---|
1714 | 1714 | | 5 to a credit against the use tax imposed on the use, storage, or |
---|
1715 | 1715 | | 6 consumption of a particular item of tangible personal property or the |
---|
1716 | 1716 | | 7 use of a service equal to the amount, if any, of sales tax, purchase tax, |
---|
1717 | 1717 | | 8 or use tax paid to another state, territory, or possession of the United |
---|
1718 | 1718 | | 9 States for the acquisition of that property or service. |
---|
1719 | 1719 | | 10 SECTION 30. IC 6-2.5-3-6, AS AMENDED BY P.L.146-2020, |
---|
1720 | 1720 | | 11 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
1721 | 1721 | | 12 JULY 1, 2026]: Sec. 6. (a) For purposes of this section, "person" |
---|
1722 | 1722 | | 13 includes an individual who is personally liable for use tax under |
---|
1723 | 1723 | | 14 IC 6-2.5-9-3. |
---|
1724 | 1724 | | 15 (b) The person who uses, stores, or consumes the tangible personal |
---|
1725 | 1725 | | 16 property or uses the service acquired in a retail transaction is |
---|
1726 | 1726 | | 17 personally liable for the use tax. |
---|
1727 | 1727 | | 18 (c) The person liable for the use tax shall pay the use tax to the |
---|
1728 | 1728 | | 19 department. |
---|
1729 | 1729 | | 20 (d) Notwithstanding subsection (c), a person liable for the use tax |
---|
1730 | 1730 | | 21 imposed in respect to a vehicle, watercraft, or aircraft under section |
---|
1731 | 1731 | | 22 2(b) of this chapter shall pay the tax: |
---|
1732 | 1732 | | 23 (1) to the titling agency when the person applies for a title for the |
---|
1733 | 1733 | | 24 vehicle or the watercraft; |
---|
1734 | 1734 | | 25 (2) to the registering agency when the person registers the |
---|
1735 | 1735 | | 26 aircraft; or |
---|
1736 | 1736 | | 27 (3) to the registering agency when the person registers the |
---|
1737 | 1737 | | 28 watercraft because it is a United States Coast Guard documented |
---|
1738 | 1738 | | 29 vessel; |
---|
1739 | 1739 | | 30 unless the person presents proof to the agency that the use tax or state |
---|
1740 | 1740 | | 31 gross retail tax has already been paid with respect to the purchase of |
---|
1741 | 1741 | | 32 the vehicle, watercraft, or aircraft or proof that the taxes are |
---|
1742 | 1742 | | 33 inapplicable because of an exemption under this article. |
---|
1743 | 1743 | | 34 (e) At the time a person pays the use tax for the purchase of a |
---|
1744 | 1744 | | 35 vehicle to a titling agency pursuant to subsection (d), the titling agency |
---|
1745 | 1745 | | 36 shall compute the tax due based on the presumption that the sale price |
---|
1746 | 1746 | | 37 was the average selling price for that vehicle, as determined under a |
---|
1747 | 1747 | | 38 used vehicle buying guide to be chosen by the titling agency. However, |
---|
1748 | 1748 | | 39 the titling agency shall compute the tax due based on the actual sale |
---|
1749 | 1749 | | 40 price of the vehicle if the buyer, at the time the buyer pays the tax to the |
---|
1750 | 1750 | | 41 titling agency, presents documentation to the titling agency sufficient |
---|
1751 | 1751 | | 42 to rebut the presumption set forth in this subsection and to establish the |
---|
1752 | 1752 | | 2025 IN 1229—LS 7042/DI 125 41 |
---|
1753 | 1753 | | 1 actual selling price of the vehicle. |
---|
1754 | 1754 | | 2 SECTION 31. IC 6-2.5-3-7, AS AMENDED BY P.L.211-2007, |
---|
1755 | 1755 | | 3 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
1756 | 1756 | | 4 JULY 1, 2026]: Sec. 7. (a) A person who acquires tangible personal |
---|
1757 | 1757 | | 5 property or a service, or both, from a retail merchant for delivery in |
---|
1758 | 1758 | | 6 Indiana is presumed to have: |
---|
1759 | 1759 | | 7 (1) acquired the property for storage, use, or consumption in |
---|
1760 | 1760 | | 8 Indiana; and |
---|
1761 | 1761 | | 9 (2) received the service in Indiana. |
---|
1762 | 1762 | | 10 However, the person or the retail merchant can produce evidence to |
---|
1763 | 1763 | | 11 rebut that presumption. |
---|
1764 | 1764 | | 12 (b) A retail merchant is not required to produce evidence of |
---|
1765 | 1765 | | 13 nontaxability under subsection (a) if the retail merchant receives from |
---|
1766 | 1766 | | 14 the person who acquired the property or service an exemption |
---|
1767 | 1767 | | 15 certificate which certifies, in the form prescribed by the department, |
---|
1768 | 1768 | | 16 that the acquisition is exempt from the use tax. |
---|
1769 | 1769 | | 17 (c) A retail merchant that sells tangible personal property or a |
---|
1770 | 1770 | | 18 service to a person that purchases the tangible personal property or |
---|
1771 | 1771 | | 19 service for use or consumption in providing public transportation under |
---|
1772 | 1772 | | 20 IC 6-2.5-5-27 may verify the exemption by obtaining the person's: |
---|
1773 | 1773 | | 21 (1) name; |
---|
1774 | 1774 | | 22 (2) address; and |
---|
1775 | 1775 | | 23 (3) motor carrier number, United States Department of |
---|
1776 | 1776 | | 24 Transportation number, or any other identifying number |
---|
1777 | 1777 | | 25 authorized by the department. |
---|
1778 | 1778 | | 26 The person engaged in public transportation shall provide a signature |
---|
1779 | 1779 | | 27 to affirm under penalties of perjury that the information provided to the |
---|
1780 | 1780 | | 28 retail merchant is correct and that the tangible personal property or |
---|
1781 | 1781 | | 29 service is being purchased for an exempt purpose. |
---|
1782 | 1782 | | 30 SECTION 32. IC 6-2.5-3-8 IS AMENDED TO READ AS |
---|
1783 | 1783 | | 31 FOLLOWS [EFFECTIVE JULY 1, 2026]: Sec. 8. (a) When a retail |
---|
1784 | 1784 | | 32 merchant collects the use tax from a person, he the retail merchant |
---|
1785 | 1785 | | 33 shall, upon request, issue a receipt to that person for the use tax |
---|
1786 | 1786 | | 34 collected. |
---|
1787 | 1787 | | 35 (b) If the department assesses the use tax against a person for the |
---|
1788 | 1788 | | 36 person's storage, use, or consumption of tangible personal property or |
---|
1789 | 1789 | | 37 use of a service in Indiana, and if the person has already paid the use |
---|
1790 | 1790 | | 38 tax in relation to that property or service to a retail merchant who is |
---|
1791 | 1791 | | 39 registered under IC 6-2.5-6, to the department, or, in the case of a |
---|
1792 | 1792 | | 40 vehicle or aircraft, to the proper state agency, then the person may |
---|
1793 | 1793 | | 41 avoid paying the use tax to the department if he the person can |
---|
1794 | 1794 | | 42 produce a receipt or other written evidence showing that he the person |
---|
1795 | 1795 | | 2025 IN 1229—LS 7042/DI 125 42 |
---|
1796 | 1796 | | 1 has so made the use tax payment. |
---|
1797 | 1797 | | 2 SECTION 33. IC 6-2.5-4-1, AS AMENDED BY P.L.137-2022, |
---|
1798 | 1798 | | 3 SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
1799 | 1799 | | 4 JULY 1, 2026]: Sec. 1. (a) A person is a retail merchant making a retail |
---|
1800 | 1800 | | 5 transaction when the person engages in selling at retail. |
---|
1801 | 1801 | | 6 (b) A person is engaged in selling at retail when, in the ordinary |
---|
1802 | 1802 | | 7 course of the person's regularly conducted trade or business, the person |
---|
1803 | 1803 | | 8 does either of the following: |
---|
1804 | 1804 | | 9 (1) The person: |
---|
1805 | 1805 | | 10 (A) acquires tangible personal property for the purpose of |
---|
1806 | 1806 | | 11 resale; and |
---|
1807 | 1807 | | 12 (2) (B) transfers that property to another person for |
---|
1808 | 1808 | | 13 consideration. |
---|
1809 | 1809 | | 14 (2) The person performs a service for consideration. |
---|
1810 | 1810 | | 15 (c) For purposes of determining what constitutes selling at retail, it |
---|
1811 | 1811 | | 16 does not matter whether: |
---|
1812 | 1812 | | 17 (1) the property is transferred or the service is performed in the |
---|
1813 | 1813 | | 18 same form as when it was acquired; |
---|
1814 | 1814 | | 19 (2) the property is transferred or the service is performed alone |
---|
1815 | 1815 | | 20 or in conjunction with other property or services; or |
---|
1816 | 1816 | | 21 (3) the property is transferred or the service is performed |
---|
1817 | 1817 | | 22 conditionally or otherwise. |
---|
1818 | 1818 | | 23 (d) Notwithstanding any provision of this article, a person is not |
---|
1819 | 1819 | | 24 making a retail transaction when the person: |
---|
1820 | 1820 | | 25 (1) acquires tangible personal property owned by another person; |
---|
1821 | 1821 | | 26 (2) provides industrial processing or servicing, including |
---|
1822 | 1822 | | 27 enameling or plating, on the property; and |
---|
1823 | 1823 | | 28 (3) (2) transfers the property back to the owner to be sold by that |
---|
1824 | 1824 | | 29 owner either in the same form or as a part of other tangible |
---|
1825 | 1825 | | 30 personal property produced by that owner in the owner's business |
---|
1826 | 1826 | | 31 of manufacturing, assembling, constructing, refining, or |
---|
1827 | 1827 | | 32 processing. |
---|
1828 | 1828 | | 33 SECTION 34. IC 6-2.5-4-3 IS AMENDED TO READ AS |
---|
1829 | 1829 | | 34 FOLLOWS [EFFECTIVE JULY 1, 2026]: Sec. 3. (a) A person is a |
---|
1830 | 1830 | | 35 retail merchant making a retail transaction when he the person |
---|
1831 | 1831 | | 36 regularly and occupationally engages in the business of softening and |
---|
1832 | 1832 | | 37 conditioning water. |
---|
1833 | 1833 | | 38 (b) For purposes of this section, the business of softening and |
---|
1834 | 1834 | | 39 conditioning water includes the exchange of water softening and |
---|
1835 | 1835 | | 40 conditioning tanks in the ordinary course of the business, but does not |
---|
1836 | 1836 | | 41 include the preparatory plumbing and work necessary for the first |
---|
1837 | 1837 | | 42 installation of tanks. |
---|
1838 | 1838 | | 2025 IN 1229—LS 7042/DI 125 43 |
---|
1839 | 1839 | | 1 SECTION 35. IC 6-2.5-4-9, AS AMENDED BY P.L.181-2016, |
---|
1840 | 1840 | | 2 SECTION 21, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
1841 | 1841 | | 3 JULY 1, 2026]: Sec. 9. (a) A person is a retail merchant making a retail |
---|
1842 | 1842 | | 4 transaction: |
---|
1843 | 1843 | | 5 (1) when the person sells tangible personal property which: or |
---|
1844 | 1844 | | 6 services; |
---|
1845 | 1845 | | 7 (1) (2) when the tangible personal property is to be added to a |
---|
1846 | 1846 | | 8 structure or facility or the service is used to add tangible |
---|
1847 | 1847 | | 9 personal property to a structure or facility by the purchaser; |
---|
1848 | 1848 | | 10 and |
---|
1849 | 1849 | | 11 (2) (3) after its the addition to the structure or facility, the |
---|
1850 | 1850 | | 12 tangible personal property would become a part of the real |
---|
1851 | 1851 | | 13 estate on which the structure or facility is located. |
---|
1852 | 1852 | | 14 (b) A contractor is a retail merchant making a retail transaction |
---|
1853 | 1853 | | 15 when the contractor: |
---|
1854 | 1854 | | 16 (1) disposes of tangible personal property; or |
---|
1855 | 1855 | | 17 (2) converts tangible personal property into real property; |
---|
1856 | 1856 | | 18 under a time and material contract. As such a retail merchant, a |
---|
1857 | 1857 | | 19 contractor described in this subsection shall collect, as an agent of the |
---|
1858 | 1858 | | 20 state, the state gross retail tax on the resale of the construction material |
---|
1859 | 1859 | | 21 and remit the state gross retail tax as provided in this article. |
---|
1860 | 1860 | | 22 (c) Notwithstanding subsections (a) and (b), a transaction described |
---|
1861 | 1861 | | 23 in subsection (a) or (b) is not a retail transaction, if the ultimate |
---|
1862 | 1862 | | 24 purchaser or recipient of the property to be added to a structure or |
---|
1863 | 1863 | | 25 facility would be exempt from the state gross retail and use taxes if that |
---|
1864 | 1864 | | 26 purchaser or recipient had directly purchased the property from the |
---|
1865 | 1865 | | 27 supplier for addition to the structure or facility. |
---|
1866 | 1866 | | 28 SECTION 36. IC 6-2.5-4-10, AS AMENDED BY P.L.108-2019, |
---|
1867 | 1867 | | 29 SECTION 111, IS AMENDED TO READ AS FOLLOWS |
---|
1868 | 1868 | | 30 [EFFECTIVE JULY 1, 2026]: Sec. 10. (a) A person, other than a public |
---|
1869 | 1869 | | 31 utility, is a retail merchant making a retail transaction when the person |
---|
1870 | 1870 | | 32 rents or leases tangible personal property to another person. other than |
---|
1871 | 1871 | | 33 for subrent or sublease. |
---|
1872 | 1872 | | 34 (b) A person is a retail merchant making a retail transaction when |
---|
1873 | 1873 | | 35 the person sells any tangible personal property which has been rented |
---|
1874 | 1874 | | 36 or leased in the regular course of the person's rental or leasing business. |
---|
1875 | 1875 | | 37 (c) Notwithstanding subsection (a), a person is not a retail merchant |
---|
1876 | 1876 | | 38 making a retail transaction when the person rents or leases motion |
---|
1877 | 1877 | | 39 picture film, audio tape, or video tape to another person. However, this |
---|
1878 | 1878 | | 40 exclusion only applies if: |
---|
1879 | 1879 | | 41 (1) the person who pays to rent or lease the film charges |
---|
1880 | 1880 | | 42 admission to those who view the film; or |
---|
1881 | 1881 | | 2025 IN 1229—LS 7042/DI 125 44 |
---|
1882 | 1882 | | 1 (2) the person who pays to rent or lease the film or tape |
---|
1883 | 1883 | | 2 broadcasts the film or tape for home viewing or listening. |
---|
1884 | 1884 | | 3 (d) (c) The sharing of passenger motor vehicles and trucks through |
---|
1885 | 1885 | | 4 a peer to peer vehicle sharing program (as defined in IC 24-4-9.2-4) is |
---|
1886 | 1886 | | 5 a retail transaction. |
---|
1887 | 1887 | | 6 SECTION 37. IC 6-2.5-4-11, AS AMENDED BY P.L.2-2005, |
---|
1888 | 1888 | | 7 SECTION 20, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
1889 | 1889 | | 8 JULY 1, 2026]: Sec. 11. (a) A person is a retail merchant making a |
---|
1890 | 1890 | | 9 retail transaction when the person furnishes cable television or radio |
---|
1891 | 1891 | | 10 service or satellite television or radio service that terminates in Indiana. |
---|
1892 | 1892 | | 11 (b) Notwithstanding subsection (a), A person is not a retail merchant |
---|
1893 | 1893 | | 12 making a retail transaction when the person provides, installs, |
---|
1894 | 1894 | | 13 constructs, services, or removes tangible personal property which is |
---|
1895 | 1895 | | 14 used in connection with the furnishing of cable television or radio |
---|
1896 | 1896 | | 15 service or satellite television or radio service. |
---|
1897 | 1897 | | 16 SECTION 38. IC 6-2.5-4-14, AS AMENDED BY P.L.211-2007, |
---|
1898 | 1898 | | 17 SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
1899 | 1899 | | 18 JULY 1, 2026]: Sec. 14. The department of administration and each |
---|
1900 | 1900 | | 19 purchasing agent for a state educational institution shall provide the |
---|
1901 | 1901 | | 20 department with a list of every person who desires to enter into a |
---|
1902 | 1902 | | 21 contract to sell tangible personal property or services to an agency (as |
---|
1903 | 1903 | | 22 defined in IC 4-13-2-1) or a state educational institution. The |
---|
1904 | 1904 | | 23 department shall notify the department of administration or the |
---|
1905 | 1905 | | 24 purchasing agent of the state educational institution if a person on the |
---|
1906 | 1906 | | 25 list does not have a registered retail merchant certificate or is |
---|
1907 | 1907 | | 26 delinquent in remitting or paying amounts due to the department under |
---|
1908 | 1908 | | 27 this article. |
---|
1909 | 1909 | | 28 SECTION 39. IC 6-2.5-4-15, AS ADDED BY P.L.153-2006, |
---|
1910 | 1910 | | 29 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
1911 | 1911 | | 30 JULY 1, 2026]: Sec. 15. (a) This section applies to retail transactions |
---|
1912 | 1912 | | 31 occurring after December 31, 2007. |
---|
1913 | 1913 | | 32 (b) A person is a retail merchant making a retail transaction when |
---|
1914 | 1914 | | 33 the person sells tangible personal property or services as part of a |
---|
1915 | 1915 | | 34 bundled transaction. |
---|
1916 | 1916 | | 35 SECTION 40. IC 6-2.5-5-21, AS AMENDED BY P.L.118-2024, |
---|
1917 | 1917 | | 36 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
1918 | 1918 | | 37 JULY 1, 2026]: Sec. 21. (a) Sales of food and food ingredients, and |
---|
1919 | 1919 | | 38 delivery of food and food ingredients, are exempt from the state gross |
---|
1920 | 1920 | | 39 retail tax if: |
---|
1921 | 1921 | | 40 (1) the seller meets the filing requirements under subsection (c) |
---|
1922 | 1922 | | 41 and is an organization described in section 25(a)(1) of this |
---|
1923 | 1923 | | 42 chapter; |
---|
1924 | 1924 | | 2025 IN 1229—LS 7042/DI 125 45 |
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1925 | 1925 | | 1 (2) the purchaser is a person confined to the purchaser's home |
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1926 | 1926 | | 2 because of age, sickness, or infirmity; |
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1927 | 1927 | | 3 (3) the seller delivers the food and food ingredients to the |
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1928 | 1928 | | 4 purchaser; and |
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1929 | 1929 | | 5 (4) the delivery is prescribed as medically necessary by a |
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1930 | 1930 | | 6 physician licensed to practice medicine in Indiana. |
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1931 | 1931 | | 7 (b) Sales of food and food ingredients, and delivery of food and |
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1932 | 1932 | | 8 food ingredients, are exempt from the state gross retail tax if the seller |
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1933 | 1933 | | 9 is an organization described in section 25(a)(1) of this chapter, and the |
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1934 | 1934 | | 10 purchaser is a patient in a hospital operated by the seller. |
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1935 | 1935 | | 11 (c) To obtain the exemption provided by this section, a taxpayer |
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1936 | 1936 | | 12 must follow the procedures set forth in section 25(c) of this chapter. |
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1937 | 1937 | | 13 SECTION 41. IC 6-2.5-5-26, AS AMENDED BY P.L.193-2023, |
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1938 | 1938 | | 14 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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1939 | 1939 | | 15 JULY 1, 2026]: Sec. 26. (a) Sales of tangible personal property or the |
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1940 | 1940 | | 16 rendering of services by an organization are exempt from the state |
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1941 | 1941 | | 17 gross retail tax if either of the following apply: |
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1942 | 1942 | | 18 (1) The organization: |
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1943 | 1943 | | 19 (A) is described in section 25(a)(1)(A) through 25(a)(1)(C) of |
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1944 | 1944 | | 20 this chapter, section 25(a)(1)(D)(i) through 25(a)(1)(D)(iii) of |
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1945 | 1945 | | 21 this chapter, or section 25(a)(1)(D)(ix) of this chapter; |
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1946 | 1946 | | 22 (B) makes the sale to make money to carry on a not-for-profit |
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1947 | 1947 | | 23 purpose; and |
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1948 | 1948 | | 24 (C) did not make more than one hundred thousand dollars |
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1949 | 1949 | | 25 ($100,000) in sales in the current calendar year or the previous |
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1950 | 1950 | | 26 calendar year. |
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1951 | 1951 | | 27 (2) The organization: |
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1952 | 1952 | | 28 (A) is described in section 25(a)(1)(D)(iv) through |
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1953 | 1953 | | 29 25(a)(1)(D)(viii) of this chapter; or |
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1954 | 1954 | | 30 (B) is a youth organization focused on agriculture. |
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1955 | 1955 | | 31 Once sales of an organization that meets the qualifications under |
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1956 | 1956 | | 32 subdivision (1), but does not meet the qualifications under subdivision |
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1957 | 1957 | | 33 (2), exceed the amount described in subdivision (1), the organization |
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1958 | 1958 | | 34 is required to collect state gross retail tax on sales on an ongoing basis |
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1959 | 1959 | | 35 for the remainder of the calendar year and each calendar year thereafter |
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1960 | 1960 | | 36 until the organization makes less than one hundred thousand dollars |
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1961 | 1961 | | 37 ($100,000) in sales for two (2) consecutive years. |
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1962 | 1962 | | 38 (b) For purposes of subsection (a), the sales of an organization |
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1963 | 1963 | | 39 include sales made by all units operating under the organization's |
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1964 | 1964 | | 40 registration pursuant to section 25(c) of this chapter. |
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1965 | 1965 | | 41 (c) If the qualifications of subsection (a) are not met, sales of |
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1966 | 1966 | | 42 tangible personal property or services by an organization described in |
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1967 | 1967 | | 2025 IN 1229—LS 7042/DI 125 46 |
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1968 | 1968 | | 1 section 25(a)(1) of this chapter are exempt from the state gross retail |
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1969 | 1969 | | 2 tax, if: |
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1970 | 1970 | | 3 (1) the organization is not operated predominantly for social |
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1971 | 1971 | | 4 purposes; |
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1972 | 1972 | | 5 (2) the property or service sold is designed and intended |
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1973 | 1973 | | 6 primarily either for the organization's educational, cultural, or |
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1974 | 1974 | | 7 religious purposes, or for improvement of the work skills or |
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1975 | 1975 | | 8 professional qualifications of the organization's members; and |
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1976 | 1976 | | 9 (3) the property or service sold is not designed or intended |
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1977 | 1977 | | 10 primarily for use in carrying on a private or proprietary business. |
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1978 | 1978 | | 11 (d) Sales of tangible personal property by a public library, or a |
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1979 | 1979 | | 12 charitable organization described in section 25(a)(1) of this chapter |
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1980 | 1980 | | 13 formed to support a public library, are exempt from the state gross |
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1981 | 1981 | | 14 retail tax if the property sold consists of: |
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1982 | 1982 | | 15 (1) items in the library's circulated and publicly available |
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1983 | 1983 | | 16 collections, including items from the library's holdings; or |
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1984 | 1984 | | 17 (2) items that would typically be included in the library's |
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1985 | 1985 | | 18 circulated and publicly available collections and that are donated |
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1986 | 1986 | | 19 by individuals or organizations to a public library or to a |
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1987 | 1987 | | 20 charitable organization described in section 25(a)(1) of this |
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1988 | 1988 | | 21 chapter formed to support a public library. |
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1989 | 1989 | | 22 The exemption provided by this subsection does not apply to any other |
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1990 | 1990 | | 23 sales of tangible personal property by a public library. |
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1991 | 1991 | | 24 (e) The exemption provided by this section does not apply to an |
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1992 | 1992 | | 25 accredited college or university's sales of books, stationery, |
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1993 | 1993 | | 26 haberdashery, supplies, or other property or noneducational services. |
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1994 | 1994 | | 27 (f) To obtain the exemption provided by this section, a taxpayer |
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1995 | 1995 | | 28 must follow the procedures set forth in section 25(c) of this chapter. |
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1996 | 1996 | | 29 SECTION 42. IC 6-2.5-5-33 IS AMENDED TO READ AS |
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1997 | 1997 | | 30 FOLLOWS [EFFECTIVE JULY 1, 2026]: Sec. 33. Sales of tangible |
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1998 | 1998 | | 31 personal property or services purchased with food stamps are exempt |
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1999 | 1999 | | 32 from the state gross retail tax. |
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2000 | 2000 | | 33 SECTION 43. IC 6-2.5-5-58 IS ADDED TO THE INDIANA CODE |
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2001 | 2001 | | 34 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY |
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2002 | 2002 | | 35 1, 2026]: Sec. 58. Transactions involving the provision of an |
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2003 | 2003 | | 36 educational service classified under NAICS code 61 are exempt |
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2004 | 2004 | | 37 from the state gross retail tax. |
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2005 | 2005 | | 38 SECTION 44. IC 6-2.5-5-59 IS ADDED TO THE INDIANA CODE |
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2006 | 2006 | | 39 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY |
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2007 | 2007 | | 40 1, 2026]: Sec. 59. Transactions involving the provision of a health |
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2008 | 2008 | | 41 care and social assistance service classified under NAICS code 62 |
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2009 | 2009 | | 42 are exempt from the state gross retail tax. |
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2010 | 2010 | | 2025 IN 1229—LS 7042/DI 125 47 |
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2011 | 2011 | | 1 SECTION 45. IC 6-2.5-5-60 IS ADDED TO THE INDIANA CODE |
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2012 | 2012 | | 2 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY |
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2013 | 2013 | | 3 1, 2026]: Sec. 60. Transactions involving the leasing or rental of |
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2014 | 2014 | | 4 real property for at least thirty (30) consecutive days are exempt |
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2015 | 2015 | | 5 from the state gross retail tax. |
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2016 | 2016 | | 6 SECTION 46. IC 6-2.5-5-61 IS ADDED TO THE INDIANA CODE |
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2017 | 2017 | | 7 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY |
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2018 | 2018 | | 8 1, 2026]: Sec. 61. Transactions involving labor furnished to a |
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2019 | 2019 | | 9 person by the person's employee are exempt from the state gross |
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2020 | 2020 | | 10 retail tax. |
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2021 | 2021 | | 11 SECTION 47. IC 6-2.5-6-9, AS AMENDED BY P.L.109-2015, |
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2022 | 2022 | | 12 SECTION 23, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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2023 | 2023 | | 13 JULY 1, 2026]: Sec. 9. (a) In determining the amount of state gross |
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2024 | 2024 | | 14 retail and use taxes which a retail merchant must remit under section |
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2025 | 2025 | | 15 7 of this chapter, the retail merchant shall, subject to subsections (c) |
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2026 | 2026 | | 16 and (d), deduct from the retail merchant's gross retail income from |
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2027 | 2027 | | 17 retail transactions made during a particular reporting period, an amount |
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2028 | 2028 | | 18 equal to the retail merchant's receivables which: |
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2029 | 2029 | | 19 (1) resulted from retail transactions in which the retail merchant |
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2030 | 2030 | | 20 did not collect the state gross retail or use tax from the purchaser; |
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2031 | 2031 | | 21 (2) resulted from retail transactions on which the retail merchant |
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2032 | 2032 | | 22 has previously paid the state gross retail or use tax liability to the |
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2033 | 2033 | | 23 department; and |
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2034 | 2034 | | 24 (3) were written off as an uncollectible debt for federal tax |
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2035 | 2035 | | 25 purposes under Section 166 of the Internal Revenue Code during |
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2036 | 2036 | | 26 the particular reporting period. |
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2037 | 2037 | | 27 (b) If a retail merchant deducts a receivable under subsection (a) |
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2038 | 2038 | | 28 and subsequently collects all or part of that receivable, then the retail |
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2039 | 2039 | | 29 merchant shall, subject to subsection (d)(6), include the amount |
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2040 | 2040 | | 30 collected as part of the retail merchant's gross retail income from retail |
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2041 | 2041 | | 31 transactions for the particular reporting period in which the retail |
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2042 | 2042 | | 32 merchant makes the collection. |
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2043 | 2043 | | 33 (c) This subsection applies only to retail transactions occurring after |
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2044 | 2044 | | 34 December 31, 2006. As used in this subsection, "affiliated group" |
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2045 | 2045 | | 35 means any combination of the following: |
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2046 | 2046 | | 36 (1) An affiliated group within the meaning provided in Section |
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2047 | 2047 | | 37 1504 of the Internal Revenue Code (except that the ownership |
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2048 | 2048 | | 38 percentage in Section 1504(a)(2) of the Internal Revenue Code |
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2049 | 2049 | | 39 shall be determined using fifty percent (50%) instead of eighty |
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2050 | 2050 | | 40 percent (80%)) or a relationship described in Section 267(b)(11) |
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2051 | 2051 | | 41 of the Internal Revenue Code. |
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2052 | 2052 | | 42 (2) Two (2) or more partnerships (as defined in IC 6-3-1-19), |
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2053 | 2053 | | 2025 IN 1229—LS 7042/DI 125 48 |
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2054 | 2054 | | 1 including limited liability companies and limited liability |
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2055 | 2055 | | 2 partnerships, that have the same degree of mutual ownership as |
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2056 | 2056 | | 3 an affiliated group described in subdivision (1), as determined |
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2057 | 2057 | | 4 under the rules adopted by the department. |
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2058 | 2058 | | 5 The right to a deduction under this section is not assignable to an |
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2059 | 2059 | | 6 individual or entity that is not part of the same affiliated group as the |
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2060 | 2060 | | 7 assignor. |
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2061 | 2061 | | 8 (d) The following provisions apply to a deduction for a receivable |
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2062 | 2062 | | 9 treated as uncollectible debt under subsection (a): |
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2063 | 2063 | | 10 (1) The deduction does not include interest. |
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2064 | 2064 | | 11 (2) The amount of the deduction shall be determined in the |
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2065 | 2065 | | 12 manner provided by Section 166 of the Internal Revenue Code for |
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2066 | 2066 | | 13 bad debts but shall be adjusted to exclude: |
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2067 | 2067 | | 14 (A) financing charges or interest; |
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2068 | 2068 | | 15 (B) sales or use taxes charged on the purchase price; |
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2069 | 2069 | | 16 (C) uncollectible amounts on property that remain in the |
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2070 | 2070 | | 17 possession of the seller or a service that is not delivered until |
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2071 | 2071 | | 18 the full purchase price is paid; |
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2072 | 2072 | | 19 (D) expenses incurred in attempting to collect any debt; and |
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2073 | 2073 | | 20 (E) repossessed property. |
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2074 | 2074 | | 21 (3) The deduction shall be claimed on the return for the period |
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2075 | 2075 | | 22 during which the receivable is written off as uncollectible in the |
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2076 | 2076 | | 23 claimant's books and records and is eligible to be deducted for |
---|
2077 | 2077 | | 24 federal income tax purposes. For purposes of this subdivision, a |
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2078 | 2078 | | 25 claimant who is not required to file federal income tax returns |
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2079 | 2079 | | 26 may deduct an uncollectible receivable on a return filed for the |
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2080 | 2080 | | 27 period in which the receivable is written off as uncollectible in the |
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2081 | 2081 | | 28 claimant's books and records and would be eligible for a bad debt |
---|
2082 | 2082 | | 29 deduction for federal income tax purposes if the claimant were |
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2083 | 2083 | | 30 required to file a federal income tax return. |
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2084 | 2084 | | 31 (4) If the amount of uncollectible receivables claimed as a |
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2085 | 2085 | | 32 deduction by a retail merchant for a particular reporting period |
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2086 | 2086 | | 33 exceeds the amount of the retail merchant's taxable sales for that |
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2087 | 2087 | | 34 reporting period, the retail merchant may file a refund claim |
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2088 | 2088 | | 35 under IC 6-8.1-9. However, the deadline for the refund claim shall |
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2089 | 2089 | | 36 be measured from the due date of the return for the reporting |
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2090 | 2090 | | 37 period on which the deduction for the uncollectible receivables |
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2091 | 2091 | | 38 could first be claimed. |
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2092 | 2092 | | 39 (5) If a retail merchant's filing responsibilities have been assumed |
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2093 | 2093 | | 40 by a certified service provider (as defined in IC 6-2.5-11-2), the |
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2094 | 2094 | | 41 certified service provider may claim, on behalf of the retail |
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2095 | 2095 | | 42 merchant, any deduction or refund for uncollectible receivables |
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2096 | 2096 | | 2025 IN 1229—LS 7042/DI 125 49 |
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2097 | 2097 | | 1 provided by this section. The certified service provider must |
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2098 | 2098 | | 2 credit or refund the full amount of any deduction or refund |
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2099 | 2099 | | 3 received to the retail merchant. |
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2100 | 2100 | | 4 (6) For purposes of reporting a payment received on a previously |
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2101 | 2101 | | 5 claimed uncollectible receivable, any payments made on a debt or |
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2102 | 2102 | | 6 account shall be applied first proportionally to the taxable price |
---|
2103 | 2103 | | 7 of the property or service and the state gross retail tax or use tax |
---|
2104 | 2104 | | 8 thereon, and secondly to interest, service charges, and any other |
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2105 | 2105 | | 9 charges. |
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2106 | 2106 | | 10 (7) A retail merchant claiming a deduction for an uncollectible |
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2107 | 2107 | | 11 receivable may allocate that receivable among the states that are |
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2108 | 2108 | | 12 members of the streamlined sales and use tax agreement if the |
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2109 | 2109 | | 13 books and records of the retail merchant support that allocation. |
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2110 | 2110 | | 14 SECTION 48. IC 6-2.5-8-4 IS AMENDED TO READ AS |
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2111 | 2111 | | 15 FOLLOWS [EFFECTIVE JULY 1, 2026]: Sec. 4. (a) An organization |
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2112 | 2112 | | 16 exempt from the state gross retail tax under IC 6-2.5-5-21, |
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2113 | 2113 | | 17 IC 6-2.5-5-25, or IC 6-2.5-5-26 may register with the department as a |
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2114 | 2114 | | 18 purchaser of property or services in exempt transactions. An exempt |
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2115 | 2115 | | 19 organization wishing to register must file an application listing its |
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2116 | 2116 | | 20 principal location, but the organization is not required to pay the fee. |
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2117 | 2117 | | 21 (b) Upon receiving the application, the department may issue an |
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2118 | 2118 | | 22 exempt organization certificate containing a serial number and the |
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2119 | 2119 | | 23 principal location of the exempt organization. |
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2120 | 2120 | | 24 SECTION 49. IC 6-2.5-10-1, AS AMENDED BY P.L.201-2023, |
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2121 | 2121 | | 25 SECTION 93, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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2122 | 2122 | | 26 JULY 1, 2026]: Sec. 1. (a) The department shall account for all state |
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2123 | 2123 | | 27 gross retail and use taxes that it collects. |
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2124 | 2124 | | 28 (b) Of all the state gross retail and use taxes that the department |
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2125 | 2125 | | 29 collects, the department shall determine separately the parts that: |
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2126 | 2126 | | 30 (1) the department collects under IC 6-2.5-3.5 (gasoline use tax); |
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2127 | 2127 | | 31 (2) the department collects under this article that are |
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2128 | 2128 | | 32 attributable to a retail transaction for a service; and |
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2129 | 2129 | | 33 (2) (3) the department collects under this article, less the amount |
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2130 | 2130 | | 34 amounts described in subdivision (1). subdivisions (1) and (2). |
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2131 | 2131 | | 35 (c) The department shall deposit the collections described in |
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2132 | 2132 | | 36 subsection (b)(1) in the following manner: |
---|
2133 | 2133 | | 37 (1) For state fiscal year 2017, the following: |
---|
2134 | 2134 | | 38 (A) Fourteen and two hundred eighty-six thousandths percent |
---|
2135 | 2135 | | 39 (14.286%) of the collections shall be deposited in the motor |
---|
2136 | 2136 | | 40 vehicle highway account established under IC 8-14-1. |
---|
2137 | 2137 | | 41 (B) Eighty-five and seven hundred fourteen thousandths |
---|
2138 | 2138 | | 42 percent (85.714%) to the state general fund. |
---|
2139 | 2139 | | 2025 IN 1229—LS 7042/DI 125 50 |
---|
2140 | 2140 | | 1 (2) For state fiscal year 2018, the following: |
---|
2141 | 2141 | | 2 (A) Fourteen and two hundred eighty-six thousandths percent |
---|
2142 | 2142 | | 3 (14.286%) of the collections shall be deposited in the motor |
---|
2143 | 2143 | | 4 vehicle highway account established under IC 8-14-1. |
---|
2144 | 2144 | | 5 (B) Fourteen and two hundred eighty-six thousandths percent |
---|
2145 | 2145 | | 6 (14.286%) of the collections shall be deposited in the local |
---|
2146 | 2146 | | 7 road and bridge matching grant fund established under |
---|
2147 | 2147 | | 8 IC 8-23-30. |
---|
2148 | 2148 | | 9 (C) Seventy-one and four hundred twenty-eight thousandths |
---|
2149 | 2149 | | 10 percent (71.428%) to the state general fund. |
---|
2150 | 2150 | | 11 (3) For state fiscal year 2019, the following: |
---|
2151 | 2151 | | 12 (A) Fourteen and two hundred eighty-six thousandths percent |
---|
2152 | 2152 | | 13 (14.286%) of the collections shall be deposited in the motor |
---|
2153 | 2153 | | 14 vehicle highway account established under IC 8-14-1. |
---|
2154 | 2154 | | 15 (B) Twenty-one and four hundred twenty-nine thousandths |
---|
2155 | 2155 | | 16 percent (21.429%) of the collections shall be deposited in the |
---|
2156 | 2156 | | 17 local road and bridge matching grant fund established under |
---|
2157 | 2157 | | 18 IC 8-23-30. |
---|
2158 | 2158 | | 19 (C) Sixty-four and two hundred eighty-five thousandths |
---|
2159 | 2159 | | 20 percent (64.285%) shall be deposited in the state general fund. |
---|
2160 | 2160 | | 21 (4) For state fiscal year 2020 and for each state fiscal year |
---|
2161 | 2161 | | 22 thereafter, the following: |
---|
2162 | 2162 | | 23 (A) Fourteen and two hundred eighty-six thousandths percent |
---|
2163 | 2163 | | 24 (14.286%) of the collections shall be deposited in the motor |
---|
2164 | 2164 | | 25 vehicle highway account established under IC 8-14-1. |
---|
2165 | 2165 | | 26 (B) Twenty-one and four hundred twenty-nine thousandths |
---|
2166 | 2166 | | 27 percent (21.429%) of the collections shall be deposited in the |
---|
2167 | 2167 | | 28 local road and bridge matching grant fund established under |
---|
2168 | 2168 | | 29 IC 8-23-30. |
---|
2169 | 2169 | | 30 (C) The following shall be deposited in the state general fund: |
---|
2170 | 2170 | | 31 (i) For state fiscal year 2020, fifty-three and five hundred |
---|
2171 | 2171 | | 32 seventy-five thousandths percent (53.575%) shall be |
---|
2172 | 2172 | | 33 deposited in the state general fund. |
---|
2173 | 2173 | | 34 (ii) For state fiscal year 2021, forty-two and eight hundred |
---|
2174 | 2174 | | 35 sixty-five thousandths percent (42.865%) shall be deposited |
---|
2175 | 2175 | | 36 in the state general fund. |
---|
2176 | 2176 | | 37 (iii) For state fiscal year 2022, thirty-two and one hundred |
---|
2177 | 2177 | | 38 fifty-five thousandths percent (32.155%) shall be deposited |
---|
2178 | 2178 | | 39 in the state general fund. |
---|
2179 | 2179 | | 40 (iv) For state fiscal year 2023, twenty-one and four hundred |
---|
2180 | 2180 | | 41 forty-five thousandths percent (21.445%) shall be deposited |
---|
2181 | 2181 | | 42 in the state general fund. |
---|
2182 | 2182 | | 2025 IN 1229—LS 7042/DI 125 51 |
---|
2183 | 2183 | | 1 (D) The following shall be deposited in the special |
---|
2184 | 2184 | | 2 transportation flexibility fund established by IC 4-12-16.5-2: |
---|
2185 | 2185 | | 3 (i) For state fiscal year 2020, eight and five hundred |
---|
2186 | 2186 | | 4 sixty-eight thousands percent (8.568%) of the collections |
---|
2187 | 2187 | | 5 shall be deposited in the special transportation flexibility |
---|
2188 | 2188 | | 6 fund established by IC 4-12-16.5-2. |
---|
2189 | 2189 | | 7 (ii) For state fiscal year 2021, twelve and eight hundred |
---|
2190 | 2190 | | 8 fifty-two thousandths percent (12.852%) of the collections |
---|
2191 | 2191 | | 9 shall be deposited in the special transportation flexibility |
---|
2192 | 2192 | | 10 fund established by IC 4-12-16.5-2. |
---|
2193 | 2193 | | 11 (iii) For state fiscal year 2022, twelve and eight hundred |
---|
2194 | 2194 | | 12 fifty-two thousandths percent (12.852%) of the collections |
---|
2195 | 2195 | | 13 shall be deposited in the special transportation flexibility |
---|
2196 | 2196 | | 14 fund established by IC 4-12-16.5-2. |
---|
2197 | 2197 | | 15 (iv) For state fiscal year 2023, eight and five hundred |
---|
2198 | 2198 | | 16 sixty-eight thousands percent (8.568%) of the collections |
---|
2199 | 2199 | | 17 shall be deposited in the special transportation flexibility |
---|
2200 | 2200 | | 18 fund established by IC 4-12-16.5-2. |
---|
2201 | 2201 | | 19 (E) The following shall be deposited in the state highway fund: |
---|
2202 | 2202 | | 20 (i) For state fiscal year 2020, two and one hundred forty-two |
---|
2203 | 2203 | | 21 thousandths percent (2.142%) of the collections shall be |
---|
2204 | 2204 | | 22 deposited in the state highway fund. |
---|
2205 | 2205 | | 23 (ii) For state fiscal year 2021, eight and five hundred |
---|
2206 | 2206 | | 24 sixty-eight thousandths percent (8.568%) of the collections |
---|
2207 | 2207 | | 25 shall be deposited in the state highway fund. |
---|
2208 | 2208 | | 26 (iii) For state fiscal year 2022, nineteen and two hundred |
---|
2209 | 2209 | | 27 seventy-eight thousandths percent (19.278%) of the |
---|
2210 | 2210 | | 28 collections shall be deposited in the state highway fund. |
---|
2211 | 2211 | | 29 (iv) For state fiscal year 2023, thirty-four and two hundred |
---|
2212 | 2212 | | 30 seventy-two thousandths percent (34.272%) of the |
---|
2213 | 2213 | | 31 collections shall be deposited in the state highway fund. |
---|
2214 | 2214 | | 32 (v) For state fiscal year 2024 and for each state fiscal year |
---|
2215 | 2215 | | 33 thereafter, sixty-four and two hundred eighty-five |
---|
2216 | 2216 | | 34 thousandths percent (64.285%) of the collections shall be |
---|
2217 | 2217 | | 35 deposited in the state highway fund. |
---|
2218 | 2218 | | 36 (d) The department shall deposit those collections described in |
---|
2219 | 2219 | | 37 subsection (b)(2) (b)(3) in the following manner: |
---|
2220 | 2220 | | 38 (1) Ninety-nine and eight hundred thirty-eight thousandths |
---|
2221 | 2221 | | 39 percent (99.838%) of the collections shall be paid into the state |
---|
2222 | 2222 | | 40 general fund. |
---|
2223 | 2223 | | 41 (2) Thirty-one thousandths of one percent (0.031%) of the |
---|
2224 | 2224 | | 42 collections shall be deposited into the industrial rail service fund |
---|
2225 | 2225 | | 2025 IN 1229—LS 7042/DI 125 52 |
---|
2226 | 2226 | | 1 established under IC 8-3-1.7-2. |
---|
2227 | 2227 | | 2 (3) One hundred thirty-one thousandths of one percent (0.131%) |
---|
2228 | 2228 | | 3 of the collections shall be deposited into the commuter rail service |
---|
2229 | 2229 | | 4 fund established under IC 8-3-1.5-20.5. |
---|
2230 | 2230 | | 5 (e) The department shall deposit the collections described in |
---|
2231 | 2231 | | 6 subsection (b)(2) into the local revenue sharing fund established by |
---|
2232 | 2232 | | 7 IC 6-1.2-3-2. |
---|
2233 | 2233 | | 8 SECTION 50. IC 6-3.6-5-1, AS ADDED BY P.L.243-2015, |
---|
2234 | 2234 | | 9 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
2235 | 2235 | | 10 JULY 1, 2025]: Sec. 1. (a) Except as provided in subsection (b), an |
---|
2236 | 2236 | | 11 adopting body may impose a tax under section 6 of this chapter on the |
---|
2237 | 2237 | | 12 adjusted gross income of local taxpayers in the county served by the |
---|
2238 | 2238 | | 13 adopting body. |
---|
2239 | 2239 | | 14 (b) Notwithstanding any other law, the portion of revenue |
---|
2240 | 2240 | | 15 received from any tax imposed on the adjusted gross income of |
---|
2241 | 2241 | | 16 local taxpayers for purposes of property tax relief under this |
---|
2242 | 2242 | | 17 chapter, IC 6-3.6-7, or any other law, may not be distributed for |
---|
2243 | 2243 | | 18 purposes of property tax relief under this chapter or any other law |
---|
2244 | 2244 | | 19 after December 31, 2027. |
---|
2245 | 2245 | | 20 SECTION 51. IC 8-22-3.5-0.5 IS ADDED TO THE INDIANA |
---|
2246 | 2246 | | 21 CODE AS A NEW SECTION TO READ AS FOLLOWS |
---|
2247 | 2247 | | 22 [EFFECTIVE UPON PASSAGE]: Sec. 0.5. Notwithstanding any |
---|
2248 | 2248 | | 23 other law: |
---|
2249 | 2249 | | 24 (1) no airport development zone or allocation area may be |
---|
2250 | 2250 | | 25 established, amended, or renewed; and |
---|
2251 | 2251 | | 26 (2) no bonds, leases, or other obligations may be issued, |
---|
2252 | 2252 | | 27 entered into, or extended for an airport development zone or |
---|
2253 | 2253 | | 28 allocation area; |
---|
2254 | 2254 | | 29 under this chapter after May 9, 2025. |
---|
2255 | 2255 | | 30 SECTION 52. IC 20-46-1-0.5 IS ADDED TO THE INDIANA |
---|
2256 | 2256 | | 31 CODE AS A NEW SECTION TO READ AS FOLLOWS |
---|
2257 | 2257 | | 32 [EFFECTIVE UPON PASSAGE]: Sec. 0.5. (a) Notwithstanding any |
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2258 | 2258 | | 33 other law, after May 9, 2025, the governing body of a school |
---|
2259 | 2259 | | 34 corporation may not adopt a resolution to impose an operating |
---|
2260 | 2260 | | 35 referendum levy under section 8 or 8.5 of this chapter. |
---|
2261 | 2261 | | 36 (b) Notwithstanding any other law, after December 31, 2026, an |
---|
2262 | 2262 | | 37 operating referendum tax levy may not be imposed under this |
---|
2263 | 2263 | | 38 chapter. |
---|
2264 | 2264 | | 39 SECTION 53. IC 20-46-7-0.5 IS ADDED TO THE INDIANA |
---|
2265 | 2265 | | 40 CODE AS A NEW SECTION TO READ AS FOLLOWS |
---|
2266 | 2266 | | 41 [EFFECTIVE UPON PASSAGE]: Sec. 0.5. Notwithstanding any |
---|
2267 | 2267 | | 42 other law, after December 31, 2026, a property tax levy may not be |
---|
2268 | 2268 | | 2025 IN 1229—LS 7042/DI 125 53 |
---|
2269 | 2269 | | 1 imposed under this chapter. |
---|
2270 | 2270 | | 2 SECTION 54. IC 20-46-7-4, AS AMENDED BY P.L.169-2017, |
---|
2271 | 2271 | | 3 SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
2272 | 2272 | | 4 UPON PASSAGE]: Sec. 4. (a) Before January 1, 2027, the governing |
---|
2273 | 2273 | | 5 body of each school corporation shall establish a levy in every calendar |
---|
2274 | 2274 | | 6 year sufficient to pay all obligations. |
---|
2275 | 2275 | | 7 (b) This subsection applies to a school corporation that consolidates |
---|
2276 | 2276 | | 8 under IC 20-23-6-12.5. The governing body shall establish a levy for |
---|
2277 | 2277 | | 9 each subunit (as defined in IC 20-23-6-0.5) in each calendar year |
---|
2278 | 2278 | | 10 sufficient to pay the debts and obligations that the particular subunit |
---|
2279 | 2279 | | 11 incurred before consolidating with one (1) or more school corporations |
---|
2280 | 2280 | | 12 under IC 20-23-6-12.5. |
---|
2281 | 2281 | | 13 SECTION 55. IC 20-46-8-0.5 IS ADDED TO THE INDIANA |
---|
2282 | 2282 | | 14 CODE AS A NEW SECTION TO READ AS FOLLOWS |
---|
2283 | 2283 | | 15 [EFFECTIVE UPON PASSAGE]: Sec. 0.5. Notwithstanding any |
---|
2284 | 2284 | | 16 other law, after December 31, 2026, a property tax levy may not be |
---|
2285 | 2285 | | 17 imposed under this chapter. |
---|
2286 | 2286 | | 18 SECTION 56. IC 20-46-8-1, AS AMENDED BY P.L.104-2022, |
---|
2287 | 2287 | | 19 SECTION 129, IS AMENDED TO READ AS FOLLOWS |
---|
2288 | 2288 | | 20 [EFFECTIVE UPON PASSAGE]: Sec. 1. (a) Before January 1, 2027, |
---|
2289 | 2289 | | 21 a school corporation may impose an annual property tax levy for its |
---|
2290 | 2290 | | 22 operations fund. |
---|
2291 | 2291 | | 23 (b) For property taxes first due and payable in 2019, the maximum |
---|
2292 | 2292 | | 24 permissible property tax levy a school corporation may impose for its |
---|
2293 | 2293 | | 25 operations fund (IC 20-40-18) is the following: |
---|
2294 | 2294 | | 26 STEP ONE: Determine the sum of the following: |
---|
2295 | 2295 | | 27 (A) The 2018 maximum permissible transportation levy |
---|
2296 | 2296 | | 28 determined under IC 20-46-4 (repealed January 1, 2019). |
---|
2297 | 2297 | | 29 (B) The 2018 maximum permissible school bus replacement |
---|
2298 | 2298 | | 30 levy determined under IC 20-46-5 (repealed January 1, 2019). |
---|
2299 | 2299 | | 31 (C) The 2018 amount that would be raised from a capital |
---|
2300 | 2300 | | 32 projects fund tax rate equal to the sum of: |
---|
2301 | 2301 | | 33 (i) the maximum capital projects fund rate that the school |
---|
2302 | 2302 | | 34 corporation was authorized to impose for 2018 under |
---|
2303 | 2303 | | 35 IC 20-46-6 (repealed January 1, 2019), after any adjustment |
---|
2304 | 2304 | | 36 under IC 6-1.1-18-12 (but excluding any rate imposed for |
---|
2305 | 2305 | | 37 qualified utility and insurance costs); plus |
---|
2306 | 2306 | | 38 (ii) the capital projects fund rate imposed for qualified utility |
---|
2307 | 2307 | | 39 and insurance costs in 2018. |
---|
2308 | 2308 | | 40 (D) For school corporations described in IC 36-10-13-7, the |
---|
2309 | 2309 | | 41 2018 levy as provided in section 6 of this chapter (repealed |
---|
2310 | 2310 | | 42 January 1, 2019) to provide funding for an art association. |
---|
2311 | 2311 | | 2025 IN 1229—LS 7042/DI 125 54 |
---|
2312 | 2312 | | 1 (E) For a school corporation in a county having a population |
---|
2313 | 2313 | | 2 of more than two hundred fifty thousand (250,000) and less |
---|
2314 | 2314 | | 3 than three hundred thousand (300,000), the 2018 levy as |
---|
2315 | 2315 | | 4 provided in section 7 of this chapter (repealed January 1, |
---|
2316 | 2316 | | 5 2019) to provide funding for a historical society. |
---|
2317 | 2317 | | 6 (F) For a school corporation described in IC 36-10-14-1, the |
---|
2318 | 2318 | | 7 2018 levy as provided in section 8 of this chapter (repealed |
---|
2319 | 2319 | | 8 January 1, 2019) to provide funding for a public playground. |
---|
2320 | 2320 | | 9 STEP TWO: Determine the product of: |
---|
2321 | 2321 | | 10 (A) The amount determined in STEP ONE, after eliminating |
---|
2322 | 2322 | | 11 the effects of temporary excessive levy appeals and any other |
---|
2323 | 2323 | | 12 temporary adjustments made to each of these levies for 2018 |
---|
2324 | 2324 | | 13 (regardless of whether the school corporation imposed the |
---|
2325 | 2325 | | 14 entire amount of that maximum permissible levy for the |
---|
2326 | 2326 | | 15 previous year); multiplied by |
---|
2327 | 2327 | | 16 (B) the maximum levy growth quotient determined under |
---|
2328 | 2328 | | 17 IC 6-1.1-18.5-2. |
---|
2329 | 2329 | | 18 STEP THREE: Determine the result of the following: |
---|
2330 | 2330 | | 19 (A) Determine the sum of: |
---|
2331 | 2331 | | 20 (i) the amount determined in STEP TWO; plus |
---|
2332 | 2332 | | 21 (ii) the amount granted due to an appeal to increase the levy |
---|
2333 | 2333 | | 22 for transportation for 2019. |
---|
2334 | 2334 | | 23 (B) Make the school bus replacement adjustment for 2019. |
---|
2335 | 2335 | | 24 (c) After 2019, the maximum permissible property tax levy a school |
---|
2336 | 2336 | | 25 corporation may impose for its operations fund for a particular year is |
---|
2337 | 2337 | | 26 the following: |
---|
2338 | 2338 | | 27 STEP ONE: Determine the product of: |
---|
2339 | 2339 | | 28 (A) the maximum permissible property tax levy for the school |
---|
2340 | 2340 | | 29 corporation's operations fund for the previous year, after |
---|
2341 | 2341 | | 30 eliminating the effects of temporary excessive levy appeals |
---|
2342 | 2342 | | 31 and any other temporary adjustments made to the levy for the |
---|
2343 | 2343 | | 32 previous year (regardless of whether the school corporation |
---|
2344 | 2344 | | 33 imposed the entire amount of the maximum permissible levy |
---|
2345 | 2345 | | 34 for the previous year); multiplied by |
---|
2346 | 2346 | | 35 (B) the maximum levy growth quotient determined under |
---|
2347 | 2347 | | 36 IC 6-1.1-18.5-2. |
---|
2348 | 2348 | | 37 STEP TWO: Determine the result of the following: |
---|
2349 | 2349 | | 38 (A) Determine the sum of: |
---|
2350 | 2350 | | 39 (i) the amount determined in STEP ONE; plus |
---|
2351 | 2351 | | 40 (ii) the amount granted due to an appeal to increase the |
---|
2352 | 2352 | | 41 maximum permissible operations fund levy for the year |
---|
2353 | 2353 | | 42 under section 3 of this chapter for transportation. |
---|
2354 | 2354 | | 2025 IN 1229—LS 7042/DI 125 55 |
---|
2355 | 2355 | | 1 (B) Make the school bus replacement adjustment permitted by |
---|
2356 | 2356 | | 2 section 3 of this chapter. |
---|
2357 | 2357 | | 3 SECTION 57. IC 20-46-9-0.5 IS ADDED TO THE INDIANA |
---|
2358 | 2358 | | 4 CODE AS A NEW SECTION TO READ AS FOLLOWS |
---|
2359 | 2359 | | 5 [EFFECTIVE UPON PASSAGE]: Sec. 0.5. (a) Notwithstanding any |
---|
2360 | 2360 | | 6 other law, after May 9, 2025, the governing body of a school |
---|
2361 | 2361 | | 7 corporation may not adopt a resolution to impose a school safety |
---|
2362 | 2362 | | 8 referendum levy under section 6 or 7 of this chapter. |
---|
2363 | 2363 | | 9 (b) Notwithstanding any other law, after December 31, 2026, a |
---|
2364 | 2364 | | 10 school safety referendum tax levy may not be imposed under this |
---|
2365 | 2365 | | 11 chapter. |
---|
2366 | 2366 | | 12 SECTION 58. IC 36-2-15-0.1 IS ADDED TO THE INDIANA |
---|
2367 | 2367 | | 13 CODE AS A NEW SECTION TO READ AS FOLLOWS |
---|
2368 | 2368 | | 14 [EFFECTIVE UPON PASSAGE]: Sec. 0.1. (a) This section applies to |
---|
2369 | 2369 | | 15 the office of a county assessor who is serving on May 10, 2025. |
---|
2370 | 2370 | | 16 (b) Upon the expiration of a county assessor's term, the office of |
---|
2371 | 2371 | | 17 county assessor is abolished. |
---|
2372 | 2372 | | 18 (c) Upon the expiration of a county assessor's term, all the |
---|
2373 | 2373 | | 19 powers and duties of the county assessor are transferred to the |
---|
2374 | 2374 | | 20 county auditor. |
---|
2375 | 2375 | | 21 (d) Upon the expiration of a county assessor's term, all of the |
---|
2376 | 2376 | | 22 following are transferred to the county auditor: |
---|
2377 | 2377 | | 23 (1) All employment positions, as of the expiration of a county |
---|
2378 | 2378 | | 24 assessor's term, of all employees of the county assessor. |
---|
2379 | 2379 | | 25 (2) The real and personal property of the county assessor. |
---|
2380 | 2380 | | 26 (3) The obligations outstanding, as of the expiration of a |
---|
2381 | 2381 | | 27 county assessor's term, of the county assessor. |
---|
2382 | 2382 | | 28 (4) The funds of the county assessor. |
---|
2383 | 2383 | | 29 (e) The county auditor shall interview, or give the opportunity |
---|
2384 | 2384 | | 30 to interview to, each individual who: |
---|
2385 | 2385 | | 31 (1) is, as of the expiration of a county assessor's term, an |
---|
2386 | 2386 | | 32 employee of the county assessor; and |
---|
2387 | 2387 | | 33 (2) applies for an employment position referred to in |
---|
2388 | 2388 | | 34 subsection (d)(1). |
---|
2389 | 2389 | | 35 SECTION 59. IC 36-2-15-0.2 IS ADDED TO THE INDIANA |
---|
2390 | 2390 | | 36 CODE AS A NEW SECTION TO READ AS FOLLOWS |
---|
2391 | 2391 | | 37 [EFFECTIVE UPON PASSAGE]: Sec. 0.2. (a) Each county assessor |
---|
2392 | 2392 | | 38 whose duties will be transferred under section 0.1 of this chapter |
---|
2393 | 2393 | | 39 shall: |
---|
2394 | 2394 | | 40 (1) organize the records of the assessor's office relating to the |
---|
2395 | 2395 | | 41 assessment of tangible property in a manner prescribed by the |
---|
2396 | 2396 | | 42 department of local government finance; and |
---|
2397 | 2397 | | 2025 IN 1229—LS 7042/DI 125 56 |
---|
2398 | 2398 | | 1 (2) transfer the records upon the expiration of a county |
---|
2399 | 2399 | | 2 assessor's term as directed by the department of local |
---|
2400 | 2400 | | 3 government finance. |
---|
2401 | 2401 | | 4 (b) The department of local government finance shall determine |
---|
2402 | 2402 | | 5 a procedure and schedule for the transfer of the records and |
---|
2403 | 2403 | | 6 operations from the county assessor to the county auditor. The |
---|
2404 | 2404 | | 7 assessors shall assist each other and coordinate their efforts to: |
---|
2405 | 2405 | | 8 (1) ensure an orderly transfer of all records; and |
---|
2406 | 2406 | | 9 (2) provide for an uninterrupted and professional transition |
---|
2407 | 2407 | | 10 of any functions of assessors that remain following the |
---|
2408 | 2408 | | 11 abolishment of the imposition of property tax under IC 6-1.2 |
---|
2409 | 2409 | | 12 and that are consistent with this chapter, IC 6-1.1, and the |
---|
2410 | 2410 | | 13 directions of the department of local government finance. |
---|
2411 | 2411 | | 14 SECTION 60. IC 36-2-15-2, AS AMENDED BY P.L.167-2015, |
---|
2412 | 2412 | | 15 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
2413 | 2413 | | 16 JULY 1, 2025]: Sec. 2. (a) A county assessor shall be elected under |
---|
2414 | 2414 | | 17 IC 3-10-2-13 by the voters of the county. |
---|
2415 | 2415 | | 18 (b) To be eligible to serve as an assessor, an individual must meet |
---|
2416 | 2416 | | 19 the following qualifications before taking office: |
---|
2417 | 2417 | | 20 (1) If the individual has never held the office of county assessor, |
---|
2418 | 2418 | | 21 the individual must have attained a level two assessor-appraiser |
---|
2419 | 2419 | | 22 certification under IC 6-1.1-35.5. |
---|
2420 | 2420 | | 23 (2) If the individual has held the office of county assessor, the |
---|
2421 | 2421 | | 24 individual must have attained a level three assessor-appraiser |
---|
2422 | 2422 | | 25 certification under IC 6-1.1-35.5. |
---|
2423 | 2423 | | 26 (c) A county assessor must reside within the county as provided in |
---|
2424 | 2424 | | 27 Article 6, Section 6 of the Constitution of the State of Indiana. The |
---|
2425 | 2425 | | 28 assessor forfeits office if the assessor ceases to be a resident of the |
---|
2426 | 2426 | | 29 county. |
---|
2427 | 2427 | | 30 (d) The term of office of a county assessor is four (4) years, |
---|
2428 | 2428 | | 31 beginning January 1 after election and continuing until a successor is |
---|
2429 | 2429 | | 32 elected and qualified. |
---|
2430 | 2430 | | 33 (e) This section expires July 1, 2025. |
---|
2431 | 2431 | | 34 SECTION 61. IC 36-2-15-3, AS AMENDED BY P.L.146-2008, |
---|
2432 | 2432 | | 35 SECTION 692, IS AMENDED TO READ AS FOLLOWS |
---|
2433 | 2433 | | 36 [EFFECTIVE JULY 1, 2025]: Sec. 3. (a) Subject to subsection (b), the |
---|
2434 | 2434 | | 37 assessor shall keep the assessor's office in a building provided at the |
---|
2435 | 2435 | | 38 county seat by the county executive. The assessor shall keep the office |
---|
2436 | 2436 | | 39 open for business during regular business hours on every day of the |
---|
2437 | 2437 | | 40 year except Sundays and legal holidays. However, the assessor may |
---|
2438 | 2438 | | 41 close the office on days specified by the county executive according to |
---|
2439 | 2439 | | 42 custom and practice of the county. |
---|
2440 | 2440 | | 2025 IN 1229—LS 7042/DI 125 57 |
---|
2441 | 2441 | | 1 (b) After June 30, 2008, the county assessor may establish one (1) |
---|
2442 | 2442 | | 2 or more satellite offices in the county. |
---|
2443 | 2443 | | 3 (c) This section expires July 1, 2025. |
---|
2444 | 2444 | | 4 SECTION 62. IC 36-2-15-5, AS AMENDED BY P.L.167-2015, |
---|
2445 | 2445 | | 5 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
2446 | 2446 | | 6 JULY 1, 2025]: Sec. 5. (a) Subject to section 0.1 of this chapter, the |
---|
2447 | 2447 | | 7 county assessor shall perform the functions assigned by statute to the |
---|
2448 | 2448 | | 8 county assessor, including the following: |
---|
2449 | 2449 | | 9 (1) Countywide equalization. |
---|
2450 | 2450 | | 10 (2) Selection and maintenance of a countywide computer system. |
---|
2451 | 2451 | | 11 (3) Certification of gross assessments to the county auditor. |
---|
2452 | 2452 | | 12 (4) Discovery of omitted property. |
---|
2453 | 2453 | | 13 (5) In |
---|
2454 | 2454 | | 14 (A) a township in which the transfer of duties of the elected |
---|
2455 | 2455 | | 15 township assessor is required by subsection (c); or |
---|
2456 | 2456 | | 16 (B) a township in which the duties relating to the assessment |
---|
2457 | 2457 | | 17 of tangible property are not required to be performed by a |
---|
2458 | 2458 | | 18 township assessor elected under IC 36-6-5, |
---|
2459 | 2459 | | 19 performance of the assessment duties prescribed by IC 6-1.1. |
---|
2460 | 2460 | | 20 (b) A transfer of duties between assessors does not affect: |
---|
2461 | 2461 | | 21 (1) any assessment, assessment appeal, or other official action |
---|
2462 | 2462 | | 22 made by an assessor before the transfer; or |
---|
2463 | 2463 | | 23 (2) any pending action against, or the rights of any party that may |
---|
2464 | 2464 | | 24 possess a legal claim against, an assessor that is not described in |
---|
2465 | 2465 | | 25 subdivision (1). |
---|
2466 | 2466 | | 26 Any assessment, assessment appeal, or other official action of an |
---|
2467 | 2467 | | 27 assessor made by the assessor within the scope of the assessor's official |
---|
2468 | 2468 | | 28 duties before the transfer is considered as having been made by the |
---|
2469 | 2469 | | 29 assessor to whom the duties are transferred. |
---|
2470 | 2470 | | 30 (c) If the individual elected to the office of township assessor has |
---|
2471 | 2471 | | 31 not attained the assessor-appraiser certification level required by |
---|
2472 | 2472 | | 32 IC 36-6-5-1 before the date the term of office begins, the assessment |
---|
2473 | 2473 | | 33 duties prescribed by IC 6-1.1 that would otherwise be performed in the |
---|
2474 | 2474 | | 34 township by the township assessor are transferred to the county |
---|
2475 | 2475 | | 35 assessor on that date. If assessment duties in a township are transferred |
---|
2476 | 2476 | | 36 to the county assessor under this subsection, those assessment duties |
---|
2477 | 2477 | | 37 are transferred back to the township assessor if at a later election an |
---|
2478 | 2478 | | 38 individual who has attained the assessor-appraiser certification level |
---|
2479 | 2479 | | 39 required by IC 36-6-5-1 is elected to the office of township assessor. |
---|
2480 | 2480 | | 40 SECTION 63. IC 36-2-15-7, AS ADDED BY P.L.219-2007, |
---|
2481 | 2481 | | 41 SECTION 109, IS AMENDED TO READ AS FOLLOWS |
---|
2482 | 2482 | | 42 [EFFECTIVE JULY 1, 2025]: Sec. 7. (a) Each county assessor, elected |
---|
2483 | 2483 | | 2025 IN 1229—LS 7042/DI 125 58 |
---|
2484 | 2484 | | 1 township assessor, or township trustee-assessor whose assessment |
---|
2485 | 2485 | | 2 duties prescribed by IC 6-1.1 will be transferred under section 5 of this |
---|
2486 | 2486 | | 3 chapter shall: |
---|
2487 | 2487 | | 4 (1) organize the records of the assessor's office relating to the |
---|
2488 | 2488 | | 5 assessment of tangible property in a manner prescribed by the |
---|
2489 | 2489 | | 6 department of local government finance; and |
---|
2490 | 2490 | | 7 (2) transfer the records as directed by the department of local |
---|
2491 | 2491 | | 8 government finance. |
---|
2492 | 2492 | | 9 (b) The department of local government finance shall determine a |
---|
2493 | 2493 | | 10 procedure and schedule for the transfer of the records and operations. |
---|
2494 | 2494 | | 11 The assessors shall assist each other and coordinate their efforts to: |
---|
2495 | 2495 | | 12 (1) ensure an orderly transfer of all records; and |
---|
2496 | 2496 | | 13 (2) provide for an uninterrupted and professional transition of the |
---|
2497 | 2497 | | 14 property assessment functions consistent with this chapter and the |
---|
2498 | 2498 | | 15 directions of the department of local government finance. |
---|
2499 | 2499 | | 16 (c) This section expires July 1, 2025. |
---|
2500 | 2500 | | 17 SECTION 64. IC 36-6-5-0.3 IS ADDED TO THE INDIANA CODE |
---|
2501 | 2501 | | 18 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE |
---|
2502 | 2502 | | 19 UPON PASSAGE]: Sec. 0.3. (a) This section applies to the office of |
---|
2503 | 2503 | | 20 a township assessor who is serving on May 10, 2025. |
---|
2504 | 2504 | | 21 (b) Upon the expiration of a township assessor's term, the office |
---|
2505 | 2505 | | 22 of township assessor is abolished. |
---|
2506 | 2506 | | 23 (c) Upon the expiration of a township assessor's term, all the |
---|
2507 | 2507 | | 24 powers and duties of the township assessor are transferred to the |
---|
2508 | 2508 | | 25 county auditor of the county in which the township is located. |
---|
2509 | 2509 | | 26 (d) Upon the expiration of a township assessor's term, all of the |
---|
2510 | 2510 | | 27 following are transferred to the county auditor: |
---|
2511 | 2511 | | 28 (1) All employment positions, as of the expiration of a |
---|
2512 | 2512 | | 29 township assessor's term, of all employees of each township |
---|
2513 | 2513 | | 30 assessor in the county. |
---|
2514 | 2514 | | 31 (2) The real and personal property of each township assessor |
---|
2515 | 2515 | | 32 in the county. |
---|
2516 | 2516 | | 33 (3) The obligations outstanding, as of the expiration of a |
---|
2517 | 2517 | | 34 township assessor's term, of each township assessor in the |
---|
2518 | 2518 | | 35 county. |
---|
2519 | 2519 | | 36 (4) The funds of each township assessor in the county. |
---|
2520 | 2520 | | 37 (e) The county auditor shall interview, or give the opportunity |
---|
2521 | 2521 | | 38 to interview to, each individual who: |
---|
2522 | 2522 | | 39 (1) is, as of the expiration of a township assessor's term, an |
---|
2523 | 2523 | | 40 employee of a township assessor in the county; and |
---|
2524 | 2524 | | 41 (2) applies for an employment position referred to in |
---|
2525 | 2525 | | 42 subsection (d)(1). |
---|
2526 | 2526 | | 2025 IN 1229—LS 7042/DI 125 59 |
---|
2527 | 2527 | | 1 SECTION 65. IC 36-6-5-0.5 IS ADDED TO THE INDIANA CODE |
---|
2528 | 2528 | | 2 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE |
---|
2529 | 2529 | | 3 UPON PASSAGE]: Sec. 0.5. (a) Each township assessor whose |
---|
2530 | 2530 | | 4 duties will be transferred under section 0.3 of this chapter shall: |
---|
2531 | 2531 | | 5 (1) organize the records of the assessor's office relating to the |
---|
2532 | 2532 | | 6 assessment of tangible property in a manner prescribed by the |
---|
2533 | 2533 | | 7 department of local government finance; and |
---|
2534 | 2534 | | 8 (2) transfer the records upon the expiration of a township |
---|
2535 | 2535 | | 9 assessor's term, as directed by the department of local |
---|
2536 | 2536 | | 10 government finance. |
---|
2537 | 2537 | | 11 (b) The department of local government finance shall determine |
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2538 | 2538 | | 12 a procedure and schedule for the transfer of the records and |
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2539 | 2539 | | 13 operations from the township assessor to the county auditor. The |
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2540 | 2540 | | 14 assessors shall assist each other and coordinate their efforts to: |
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2541 | 2541 | | 15 (1) ensure an orderly transfer of all records; and |
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2542 | 2542 | | 16 (2) provide for an uninterrupted and professional transition |
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2543 | 2543 | | 17 of any functions of assessors that remain following the |
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2544 | 2544 | | 18 abolishment of the imposition of property tax under IC 6-1.2 |
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2545 | 2545 | | 19 and that are consistent with this chapter, IC 6-1.1, and the |
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2546 | 2546 | | 20 directions of the department of local government finance. |
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2547 | 2547 | | 21 SECTION 66. IC 36-6-5-1, AS AMENDED BY P.L.167-2015, |
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2548 | 2548 | | 22 SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
2549 | 2549 | | 23 JULY 1, 2025]: Sec. 1. (a) Subject to subsection (g), before 2009, a |
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2550 | 2550 | | 24 township assessor shall be elected under IC 3-10-2-13 by the voters of |
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2551 | 2551 | | 25 each township: |
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2552 | 2552 | | 26 (1) having: |
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2553 | 2553 | | 27 (A) a population of more than eight thousand (8,000); or |
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2554 | 2554 | | 28 (B) an elected township assessor or the authority to elect a |
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2555 | 2555 | | 29 township assessor before January 1, 1979; and |
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2556 | 2556 | | 30 (2) in which the number of parcels of real property on January 1, |
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2557 | 2557 | | 31 2008, is at least fifteen thousand (15,000). |
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2558 | 2558 | | 32 (b) Subject to subsection (g), before 2009, a township assessor shall |
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2559 | 2559 | | 33 be elected under IC 3-10-2-14 (repealed effective July 1, 2008) in each |
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2560 | 2560 | | 34 township: |
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2561 | 2561 | | 35 (1) having a population of more than five thousand (5,000) but |
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2562 | 2562 | | 36 not more than eight thousand (8,000), if: |
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2563 | 2563 | | 37 (A) the legislative body of the township, by resolution, |
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2564 | 2564 | | 38 declares that the office of township assessor is necessary; and |
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2565 | 2565 | | 39 (B) the resolution is filed with the county election board not |
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2566 | 2566 | | 40 later than the first date that a declaration of candidacy may be |
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2567 | 2567 | | 41 filed under IC 3-8-2; and |
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2568 | 2568 | | 42 (2) in which the number of parcels of real property on January 1, |
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2569 | 2569 | | 2025 IN 1229—LS 7042/DI 125 60 |
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2570 | 2570 | | 1 2008, is at least fifteen thousand (15,000). |
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2571 | 2571 | | 2 (c) Subject to subsection (g), a township government that is created |
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2572 | 2572 | | 3 by merger under IC 36-6-1.5 shall elect only one (1) township assessor |
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2573 | 2573 | | 4 under this section. |
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2574 | 2574 | | 5 (d) Subject to subsection (g), after 2008 a township assessor shall |
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2575 | 2575 | | 6 be elected under IC 3-10-2-13 only by the voters of each township in |
---|
2576 | 2576 | | 7 which: |
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2577 | 2577 | | 8 (1) the number of parcels of real property on January 1, 2008, is |
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2578 | 2578 | | 9 at least fifteen thousand (15,000); and |
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2579 | 2579 | | 10 (2) the transfer to the county assessor of the assessment duties |
---|
2580 | 2580 | | 11 prescribed by IC 6-1.1 is disapproved in the referendum under |
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2581 | 2581 | | 12 IC 36-2-15. |
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2582 | 2582 | | 13 (e) The township assessor must reside within the township as |
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2583 | 2583 | | 14 provided in Article 6, Section 6 of the Constitution of the State of |
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2584 | 2584 | | 15 Indiana. The assessor forfeits office if the assessor ceases to be a |
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2585 | 2585 | | 16 resident of the township. |
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2586 | 2586 | | 17 (f) The term of office of a township assessor is four (4) years, |
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2587 | 2587 | | 18 beginning January 1 after election and continuing until a successor is |
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2588 | 2588 | | 19 elected and qualified. However, the term of office of a township |
---|
2589 | 2589 | | 20 assessor elected at a general election in which no other township |
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2590 | 2590 | | 21 officer is elected ends on December 31 after the next election in which |
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2591 | 2591 | | 22 any other township officer is elected. |
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2592 | 2592 | | 23 (g) To be eligible to serve as a township assessor, an individual |
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2593 | 2593 | | 24 must meet the following qualifications before taking office: |
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2594 | 2594 | | 25 (1) If the individual has never held the office of township |
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2595 | 2595 | | 26 assessor, the individual must have attained a level two |
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2596 | 2596 | | 27 assessor-appraiser certification under IC 6-1.1-35.5. |
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2597 | 2597 | | 28 (2) If the individual has held the office of township assessor, the |
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2598 | 2598 | | 29 individual must have attained a level three assessor-appraiser |
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2599 | 2599 | | 30 certification under IC 6-1.1-35.5. |
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2600 | 2600 | | 31 (h) After June 30, 2008, the county assessor shall perform the |
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2601 | 2601 | | 32 assessment duties prescribed by IC 6-1.1 in a township in which the |
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2602 | 2602 | | 33 number of parcels of real property on January 1, 2008, is less than |
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2603 | 2603 | | 34 fifteen thousand (15,000). |
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2604 | 2604 | | 35 (i) This section expires July 1, 2025. |
---|
2605 | 2605 | | 36 SECTION 67. IC 36-6-5-3, AS AMENDED BY P.L.146-2008, |
---|
2606 | 2606 | | 37 SECTION 711, IS AMENDED TO READ AS FOLLOWS |
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2607 | 2607 | | 38 [EFFECTIVE JULY 1, 2025]: Sec. 3. (a) Except as provided in |
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2608 | 2608 | | 39 subsection (b) and section 0.3 of this chapter, the assessor shall |
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2609 | 2609 | | 40 perform the duties prescribed by statute, including assessment duties |
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2610 | 2610 | | 41 prescribed by IC 6-1.1. |
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2611 | 2611 | | 42 (b) Subsection (a) does not apply if the duties of the township |
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2612 | 2612 | | 2025 IN 1229—LS 7042/DI 125 61 |
---|
2613 | 2613 | | 1 assessor have been transferred to the county assessor as described in |
---|
2614 | 2614 | | 2 IC 6-1.1-1-24 or IC 36-2-15. |
---|
2615 | 2615 | | 3 SECTION 68. IC 36-6-5-4, AS AMENDED BY P.L.167-2015, |
---|
2616 | 2616 | | 4 SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
2617 | 2617 | | 5 JULY 1, 2025]: Sec. 4. (a) Before July 1, 2017, an employee of a |
---|
2618 | 2618 | | 6 township assessor who performs real property assessing duties must |
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2619 | 2619 | | 7 have attained the level of certification under IC 6-1.1-35.5 that the |
---|
2620 | 2620 | | 8 township assessor is required to attain under section 1(g) of this |
---|
2621 | 2621 | | 9 chapter. |
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2622 | 2622 | | 10 (b) After June 30, 2017, an employee of a township assessor who is |
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2623 | 2623 | | 11 responsible for placing an assessed valuation on real property must |
---|
2624 | 2624 | | 12 have attained the certification of a level three assessor-appraiser under |
---|
2625 | 2625 | | 13 IC 6-1.1-35.5. |
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2626 | 2626 | | 14 (c) This subsection applies after June 30, 2017. If the township |
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2627 | 2627 | | 15 assessor has not attained the certification of a level three |
---|
2628 | 2628 | | 16 assessor-appraiser under IC 6-1.1-35.5, the township fiscal body shall |
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2629 | 2629 | | 17 authorize either of the following: |
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2630 | 2630 | | 18 (1) The appointment of at least one (1) deputy or employee who |
---|
2631 | 2631 | | 19 has attained the certification of a level three assessor-appraiser |
---|
2632 | 2632 | | 20 under IC 6-1.1-35.5. |
---|
2633 | 2633 | | 21 (2) Contracting with a person who has attained, or who employs |
---|
2634 | 2634 | | 22 for purposes of the contract an individual who has attained, the |
---|
2635 | 2635 | | 23 certification of a level three assessor-appraiser under |
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2636 | 2636 | | 24 IC 6-1.1-35.5. The individual under contract with the township |
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2637 | 2637 | | 25 assessor under this subdivision shall assist the township assessor |
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2638 | 2638 | | 26 with assessment duties as determined by the township assessor. |
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2639 | 2639 | | 27 Payment for the deputy, employee, or contractor shall be made from the |
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2640 | 2640 | | 28 budget for the township assessor. |
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2641 | 2641 | | 29 (d) This section expires July 1, 2025. |
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2642 | 2642 | | 30 SECTION 69. IC 36-7-13-0.5 IS ADDED TO THE INDIANA |
---|
2643 | 2643 | | 31 CODE AS A NEW SECTION TO READ AS FOLLOWS |
---|
2644 | 2644 | | 32 [EFFECTIVE UPON PASSAGE]: Sec. 0.5. (a) Notwithstanding any |
---|
2645 | 2645 | | 33 other law: |
---|
2646 | 2646 | | 34 (1) no district or allocation area may be established, amended, |
---|
2647 | 2647 | | 35 or renewed; and |
---|
2648 | 2648 | | 36 (2) no bonds, leases, or other obligations may be issued, |
---|
2649 | 2649 | | 37 entered into, or extended for a district or allocation area; |
---|
2650 | 2650 | | 38 under this chapter after May 9, 2025. |
---|
2651 | 2651 | | 39 (b) This section may not be construed to prohibit the refunding |
---|
2652 | 2652 | | 40 or refinancing of obligations incurred before May 10, 2025. |
---|
2653 | 2653 | | 41 SECTION 70. IC 36-7-14-0.7 IS ADDED TO THE INDIANA |
---|
2654 | 2654 | | 42 CODE AS A NEW SECTION TO READ AS FOLLOWS |
---|
2655 | 2655 | | 2025 IN 1229—LS 7042/DI 125 62 |
---|
2656 | 2656 | | 1 [EFFECTIVE UPON PASSAGE]: Sec. 0.7. (a) As used in this section, |
---|
2657 | 2657 | | 2 "project area" refers to: |
---|
2658 | 2658 | | 3 (1) an area needing redevelopment; |
---|
2659 | 2659 | | 4 (2) a redevelopment project area; |
---|
2660 | 2660 | | 5 (3) an urban renewal project area; |
---|
2661 | 2661 | | 6 (4) an economic development area; |
---|
2662 | 2662 | | 7 (5) an area including a project for housing or age-restricted |
---|
2663 | 2663 | | 8 housing; |
---|
2664 | 2664 | | 9 (6) an area including a residential housing development |
---|
2665 | 2665 | | 10 program; and |
---|
2666 | 2666 | | 11 (7) any other development district or program by any other |
---|
2667 | 2667 | | 12 name that is described in this chapter. |
---|
2668 | 2668 | | 13 (b) Notwithstanding any other law: |
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2669 | 2669 | | 14 (1) no project area or allocation area may be established, |
---|
2670 | 2670 | | 15 amended, or renewed; and |
---|
2671 | 2671 | | 16 (2) no bonds, leases, or other obligations may be issued, |
---|
2672 | 2672 | | 17 entered into, or extended for a project area or allocation area; |
---|
2673 | 2673 | | 18 under this chapter after May 9, 2025. |
---|
2674 | 2674 | | 19 (c) This section may not be construed to prohibit the refunding |
---|
2675 | 2675 | | 20 or refinancing of obligations incurred before May 10, 2025. |
---|
2676 | 2676 | | 21 SECTION 71. IC 36-7-14.5-0.5 IS ADDED TO THE INDIANA |
---|
2677 | 2677 | | 22 CODE AS A NEW SECTION TO READ AS FOLLOWS |
---|
2678 | 2678 | | 23 [EFFECTIVE UPON PASSAGE]: Sec. 0.5. (a) Notwithstanding any |
---|
2679 | 2679 | | 24 other law: |
---|
2680 | 2680 | | 25 (1) no economic development area, special taxing district, or |
---|
2681 | 2681 | | 26 allocation area may be established, amended, or renewed; and |
---|
2682 | 2682 | | 27 (2) no bonds, leases, or other obligations may be issued, |
---|
2683 | 2683 | | 28 entered into, or extended for an economic development area, |
---|
2684 | 2684 | | 29 special taxing district, or allocation area; |
---|
2685 | 2685 | | 30 under this chapter after May 9, 2025. |
---|
2686 | 2686 | | 31 (b) This section may not be construed to prohibit the refunding |
---|
2687 | 2687 | | 32 or refinancing of obligations incurred before May 10, 2025. |
---|
2688 | 2688 | | 33 SECTION 72. IC 36-7-15.1-0.5 IS ADDED TO THE INDIANA |
---|
2689 | 2689 | | 34 CODE AS A NEW SECTION TO READ AS FOLLOWS |
---|
2690 | 2690 | | 35 [EFFECTIVE UPON PASSAGE]: Sec. 0.5. (a) As used in this section, |
---|
2691 | 2691 | | 36 "project area" refers to: |
---|
2692 | 2692 | | 37 (1) an area needing redevelopment; |
---|
2693 | 2693 | | 38 (2) a redevelopment project area; |
---|
2694 | 2694 | | 39 (3) an urban renewal project area; |
---|
2695 | 2695 | | 40 (4) an economic development area; |
---|
2696 | 2696 | | 41 (5) an area including a project for housing or age-restricted |
---|
2697 | 2697 | | 42 housing; |
---|
2698 | 2698 | | 2025 IN 1229—LS 7042/DI 125 63 |
---|
2699 | 2699 | | 1 (6) an area including a residential housing development |
---|
2700 | 2700 | | 2 program; and |
---|
2701 | 2701 | | 3 (7) any other development district or program by any other |
---|
2702 | 2702 | | 4 name that is described in this chapter. |
---|
2703 | 2703 | | 5 (b) Notwithstanding any other law: |
---|
2704 | 2704 | | 6 (1) no project area or allocation area may be established, |
---|
2705 | 2705 | | 7 amended, or renewed; and |
---|
2706 | 2706 | | 8 (2) no bonds, leases, or other obligations may be issued, |
---|
2707 | 2707 | | 9 entered into, or extended for a project area or allocation area; |
---|
2708 | 2708 | | 10 under this chapter after May 9, 2025. |
---|
2709 | 2709 | | 11 (c) This section may not be construed to prohibit the refunding |
---|
2710 | 2710 | | 12 or refinancing of obligations incurred before May 10, 2025. |
---|
2711 | 2711 | | 13 SECTION 73. IC 36-7-30-0.5 IS ADDED TO THE INDIANA |
---|
2712 | 2712 | | 14 CODE AS A NEW SECTION TO READ AS FOLLOWS |
---|
2713 | 2713 | | 15 [EFFECTIVE UPON PASSAGE]: Sec. 0.5. (a) Notwithstanding any |
---|
2714 | 2714 | | 16 other law: |
---|
2715 | 2715 | | 17 (1) no special taxing district or allocation area may be |
---|
2716 | 2716 | | 18 established, amended, or renewed; and |
---|
2717 | 2717 | | 19 (2) no bonds, leases, or other obligations may be issued, |
---|
2718 | 2718 | | 20 entered into, or extended for a special taxing district or |
---|
2719 | 2719 | | 21 allocation area; |
---|
2720 | 2720 | | 22 under this chapter after May 9, 2025. |
---|
2721 | 2721 | | 23 (b) This section may not be construed to prohibit the refunding |
---|
2722 | 2722 | | 24 or refinancing of obligations incurred before May 10, 2025. |
---|
2723 | 2723 | | 25 SECTION 74. IC 36-7-30.5-0.5 IS ADDED TO THE INDIANA |
---|
2724 | 2724 | | 26 CODE AS A NEW SECTION TO READ AS FOLLOWS |
---|
2725 | 2725 | | 27 [EFFECTIVE UPON PASSAGE]: Sec. 0.5. (a) Notwithstanding any |
---|
2726 | 2726 | | 28 other law: |
---|
2727 | 2727 | | 29 (1) no military base development area or allocation area may |
---|
2728 | 2728 | | 30 be established, amended, or renewed; and |
---|
2729 | 2729 | | 31 (2) no bonds, leases, or other obligations may be issued, |
---|
2730 | 2730 | | 32 entered into, or extended for a military base development |
---|
2731 | 2731 | | 33 area or allocation area; |
---|
2732 | 2732 | | 34 under this chapter after May 9, 2025. |
---|
2733 | 2733 | | 35 (b) This section may not be construed to prohibit the refunding |
---|
2734 | 2734 | | 36 or refinancing of obligations incurred before May 10, 2025. |
---|
2735 | 2735 | | 37 SECTION 75. IC 36-7-32-0.5 IS ADDED TO THE INDIANA |
---|
2736 | 2736 | | 38 CODE AS A NEW SECTION TO READ AS FOLLOWS |
---|
2737 | 2737 | | 39 [EFFECTIVE UPON PASSAGE]: Sec. 0.5. (a) Notwithstanding any |
---|
2738 | 2738 | | 40 other law: |
---|
2739 | 2739 | | 41 (1) no certified technology park or allocation area may be |
---|
2740 | 2740 | | 42 established, amended, or renewed; and |
---|
2741 | 2741 | | 2025 IN 1229—LS 7042/DI 125 64 |
---|
2742 | 2742 | | 1 (2) no bonds, leases, or other obligations may be issued, |
---|
2743 | 2743 | | 2 entered into, or extended for a certified technology park or |
---|
2744 | 2744 | | 3 allocation area; |
---|
2745 | 2745 | | 4 under this chapter after May 9, 2025. |
---|
2746 | 2746 | | 5 (b) This section may not be construed to prohibit the refunding |
---|
2747 | 2747 | | 6 or refinancing of obligations incurred before May 10, 2025. |
---|
2748 | 2748 | | 7 SECTION 76. IC 36-7.5-4.5-0.2 IS ADDED TO THE INDIANA |
---|
2749 | 2749 | | 8 CODE AS A NEW SECTION TO READ AS FOLLOWS |
---|
2750 | 2750 | | 9 [EFFECTIVE UPON PASSAGE]: Sec. 0.2. (a) Notwithstanding any |
---|
2751 | 2751 | | 10 other law: |
---|
2752 | 2752 | | 11 (1) no allocation area capturing property tax revenue may be |
---|
2753 | 2753 | | 12 established, amended, or renewed; and |
---|
2754 | 2754 | | 13 (2) no bonds, leases, or other obligations may be issued, |
---|
2755 | 2755 | | 14 entered into, or extended for an allocation area capturing |
---|
2756 | 2756 | | 15 property tax revenue; |
---|
2757 | 2757 | | 16 under this chapter after May 9, 2025. |
---|
2758 | 2758 | | 17 (b) This section may not be construed to prohibit the refunding |
---|
2759 | 2759 | | 18 or refinancing of obligations incurred before May 10, 2025. |
---|
2760 | 2760 | | 19 SECTION 77. [EFFECTIVE JULY 1, 2026] (a) For purposes of |
---|
2761 | 2761 | | 20 IC 6-2.5, as amended by this act, with respect to a transaction in |
---|
2762 | 2762 | | 21 which services are delivered before July 1, 2026, and after June 30, |
---|
2763 | 2763 | | 22 2026, by a retail merchant, only transactions for which the charges |
---|
2764 | 2764 | | 23 are collected on original statements and billings dated after June |
---|
2765 | 2765 | | 24 30, 2026, shall be considered as having occurred after June 30, |
---|
2766 | 2766 | | 25 2026. |
---|
2767 | 2767 | | 26 (b) This SECTION expires July 1, 2028. |
---|
2768 | 2768 | | 27 SECTION 78. [EFFECTIVE JULY 1, 2025] (a) The legislative |
---|
2769 | 2769 | | 28 services agency shall prepare legislation for introduction in the |
---|
2770 | 2770 | | 29 2026 regular session of the general assembly to make appropriate |
---|
2771 | 2771 | | 30 changes in statutes that are required by this act. |
---|
2772 | 2772 | | 31 (b) This SECTION expires December 31, 2026. |
---|
2773 | 2773 | | 32 SECTION 79. An emergency is declared for this act. |
---|
2774 | 2774 | | 2025 IN 1229—LS 7042/DI 125 |
---|