Indiana 2025 Regular Session

Indiana House Bill HB1229 Compare Versions

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22 Introduced Version
33 HOUSE BILL No. 1229
44 _____
55 DIGEST OF INTRODUCED BILL
66 Citations Affected: IC 3-8-1-23; IC 3-10-2-13; IC 3-11-2-12;
77 IC 3-13-10-3; IC 6-1.1; IC 6-1.2; IC 6-2.5; IC 6-3.6-5-1;
88 IC 8-22-3.5-0.5; IC 20-46; IC 36-2-15; IC 36-6-5; IC 36-7;
99 IC 36-7.5-4.5-0.2.
1010 Synopsis: Local government finance. Abolishes the assessment of
1111 tangible property after December 31, 2025, and the imposition of
1212 property taxes after December 31, 2026. Provides that a political
1313 subdivision may not issue any new bonds, notes, or warrants, or enter
1414 into any leases or obligations to be paid from property tax revenue, or
1515 that include a pledge to levy property taxes if other funds are
1616 insufficient. Provides that: (1) no property tax increment financing
1717 district or allocation area may be established, amended, or renewed;
1818 and (2) no bonds, leases, or other obligations may be issued, entered
1919 into, or extended for a property tax increment financing district or
2020 allocation area. Provides that a school corporation may impose an
2121 annual fee to replace the loss of revenue previously collected by the
2222 school corporation from the imposition of an operating referendum tax
2323 levy or school safety referendum tax levy. Prescribes procedures for the
2424 fixing and reviewing of a political subdivision's budget. Prohibits the
2525 imposition of new levies for controlled projects, operating referenda,
2626 and school safety referenda. Abolishes the offices of county assessor
2727 and township assessor. Extends the sales and use tax application to
2828 (Continued next page)
2929 Effective: Upon passage; July 1, 2025; July 1, 2026; January 1, 2027.
3030 Prescott, Haggard
3131 January 9, 2025, read first time and referred to Committee on Ways and Means.
3232 2025 IN 1229—LS 7042/DI 125 Digest Continued
3333 transactions involving services, except for health or mental health
3434 services (including insurance premiums for policies covering these
3535 services) and services provided for charitable tax exempt purposes.
3636 Establishes the local revenue sharing fund (fund) into which revenue
3737 from the portion of revenue from the extended sales and use tax is to
3838 be deposited. Requires the state comptroller to distribute to taxing units
3939 the portion of all the state sales and use tax revenue attributable to
4040 services from the fund. Continually appropriates money from the fund.
4141 Requires the legislative services agency to prepare legislation for
4242 introduction in the 2026 regular session of the general assembly to
4343 make appropriate required changes in statutes. Makes corresponding
4444 changes.
4545 2025 IN 1229—LS 7042/DI 1252025 IN 1229—LS 7042/DI 125 Introduced
4646 First Regular Session of the 124th General Assembly (2025)
4747 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
4848 Constitution) is being amended, the text of the existing provision will appear in this style type,
4949 additions will appear in this style type, and deletions will appear in this style type.
5050 Additions: Whenever a new statutory provision is being enacted (or a new constitutional
5151 provision adopted), the text of the new provision will appear in this style type. Also, the
5252 word NEW will appear in that style type in the introductory clause of each SECTION that adds
5353 a new provision to the Indiana Code or the Indiana Constitution.
5454 Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
5555 between statutes enacted by the 2024 Regular Session of the General Assembly.
5656 HOUSE BILL No. 1229
5757 A BILL FOR AN ACT to amend the Indiana Code concerning
5858 taxation and to make an appropriation.
5959 Be it enacted by the General Assembly of the State of Indiana:
6060 1 SECTION 1. IC 3-8-1-23, AS AMENDED BY P.L.167-2015,
6161 2 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
6262 3 JULY 1, 2025]: Sec. 23. This section does not apply to elections in
6363 4 2026 and thereafter. A candidate for the office of county assessor
6464 5 must satisfy the following:
6565 6 (1) The candidate must have resided in the county for at least one
6666 7 (1) year before the election, as provided in Article 6, Section 4 of
6767 8 the Constitution of the State of Indiana.
6868 9 (2) The candidate must own real property located in the county
6969 10 upon taking office.
7070 11 SECTION 2. IC 3-10-2-13, AS AMENDED BY P.L.278-2019,
7171 12 SECTION 41, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
7272 13 JULY 1, 2025]: Sec. 13. The following public officials shall be elected
7373 14 at the general election before their terms of office expire and every four
7474 15 (4) years thereafter:
7575 2025 IN 1229—LS 7042/DI 125 2
7676 1 (1) Clerk of the circuit court.
7777 2 (2) County auditor.
7878 3 (3) County recorder.
7979 4 (4) County treasurer.
8080 5 (5) County sheriff.
8181 6 (6) County coroner.
8282 7 (7) County surveyor.
8383 8 (8) County assessor. This subdivision does not apply to
8484 9 elections in 2026 and thereafter.
8585 10 (9) County commissioner.
8686 11 (10) County council member.
8787 12 (11) Township trustee.
8888 13 (12) Township board member.
8989 14 (13) Township assessor (only in a township referred to in
9090 15 IC 36-6-5-1(d)). This subdivision does not apply to elections in
9191 16 2026 and thereafter.
9292 17 (14) Judge of a small claims court.
9393 18 (15) Constable of a small claims court.
9494 19 SECTION 3. IC 3-11-2-12, AS AMENDED BY P.L.227-2023,
9595 20 SECTION 67, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
9696 21 JULY 1, 2025]: Sec. 12. (a) The following offices shall be placed on
9797 22 the general election ballot in the following order after the public
9898 23 questions described in section 10(a) of this chapter:
9999 24 (1) Federal and state offices:
100100 25 (A) President and Vice President of the United States.
101101 26 (B) United States Senator.
102102 27 (C) Governor and lieutenant governor.
103103 28 (D) Secretary of state.
104104 29 (E) Auditor of state.
105105 30 (F) Treasurer of state.
106106 31 (G) Attorney general.
107107 32 (H) United States Representative. If an election to fill a
108108 33 vacancy in an office of United States Representative under
109109 34 IC 3-10-8 is held on the same day as the election for the next
110110 35 term of the same office, the ballot shall list the election to fill
111111 36 the vacancy in the office immediately after the election for the
112112 37 next term of the office.
113113 38 (2) Legislative offices:
114114 39 (A) State senator.
115115 40 (B) State representative.
116116 41 (3) Circuit offices and county judicial offices:
117117 42 (A) Judge of the circuit court, and unless otherwise specified
118118 2025 IN 1229—LS 7042/DI 125 3
119119 1 under IC 33, with each division separate if there is more than
120120 2 one (1) judge of the circuit court.
121121 3 (B) Judge of the superior court, and unless otherwise specified
122122 4 under IC 33, with each division separate if there is more than
123123 5 one (1) judge of the superior court.
124124 6 (C) Judge of the probate court.
125125 7 (D) Prosecuting attorney.
126126 8 (E) Clerk of the circuit court.
127127 9 (4) County offices:
128128 10 (A) County auditor.
129129 11 (B) County recorder.
130130 12 (C) County treasurer.
131131 13 (D) County sheriff.
132132 14 (E) County coroner.
133133 15 (F) County surveyor.
134134 16 (G) County assessor. This clause does not apply to elections
135135 17 in 2026 and thereafter.
136136 18 (H) County commissioner.
137137 19 (I) County council member.
138138 20 (5) Township offices:
139139 21 (A) Township assessor (only in a township referred to in
140140 22 IC 36-6-5-1(d)). This clause does not apply to elections in
141141 23 2026 and thereafter.
142142 24 (B) Township trustee.
143143 25 (C) Township board member.
144144 26 (D) Judge of the small claims court.
145145 27 (E) Constable of the small claims court.
146146 28 (6) City offices:
147147 29 (A) Mayor.
148148 30 (B) Clerk or clerk-treasurer.
149149 31 (C) Judge of the city court.
150150 32 (D) City-county council member or common council member.
151151 33 (7) Town offices:
152152 34 (A) Clerk-treasurer.
153153 35 (B) Judge of the town court.
154154 36 (C) Town council member.
155155 37 (b) If a major political party does not nominate a candidate for an
156156 38 office on a general, municipal, or special election ballot then the county
157157 39 election board may print "NO CANDIDATE FILED" in the place on
158158 40 the ballot where the name of the major political party's nominee would
159159 41 be printed.
160160 42 SECTION 4. IC 3-13-10-3 IS REPEALED [EFFECTIVE JULY 1,
161161 2025 IN 1229—LS 7042/DI 125 4
162162 1 2025]. Sec. 3. (a) This section applies to a vacancy in the office of
163163 2 township assessor not covered by section 1 of this chapter.
164164 3 (b) A vacancy shall be filled by the county assessor, subject to the
165165 4 approval of the department of local government finance. Except as
166166 5 provided in subsection (c), the county assessor shall make the
167167 6 appointment not later than thirty (30) days after the vacancy occurs. If
168168 7 the vacancy occurred because the elected township assessor failed to
169169 8 qualify or was removed, the person who is appointed must be of the
170170 9 same political party as the elected township assessor.
171171 10 (c) If a vacancy exists because of the death of the township assessor,
172172 11 the county assessor shall make the appointment required by subsection
173173 12 (b) not later than thirty (30) days after the county assessor receives
174174 13 notice of the death under IC 5-8-6. The county assessor may not fill the
175175 14 vacancy as required by subsection (b) until the county assessor receives
176176 15 notice of the death under IC 5-8-6.
177177 16 SECTION 5. IC 6-1.1-1-24 IS REPEALED [EFFECTIVE JULY 1,
178178 17 2025]. Sec. 24. If a transfer from a township assessor to the county
179179 18 assessor of the assessment duties prescribed by this article occurs as
180180 19 described in IC 36-2-15-5(c), a reference to the township assessor in
181181 20 this article is considered to be a reference to the county assessor.
182182 21 SECTION 6. IC 6-1.1-2-1 IS AMENDED TO READ AS
183183 22 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 1. (a) Except as
184184 23 otherwise provided by law, Before January 1, 2026, and subject to
185185 24 subsection (b), all tangible property which is within the jurisdiction of
186186 25 this state on the assessment date of a year is subject to assessment and
187187 26 taxation for that year. Notwithstanding any other law, tangible
188188 27 property which is within the jurisdiction of this state may not be
189189 28 assessed after December 31, 2025, and property taxes on tangible
190190 29 property may not be first imposed or first due after December 31,
191191 30 2026.
192192 31 (b) Nothing in this section may be construed as limiting or
193193 32 otherwise affecting:
194194 33 (1) the collection of any property taxes or penalties imposed;
195195 34 or
196196 35 (2) any property tax exemptions or property tax deductions
197197 36 allowed;
198198 37 under this article or any other law before January 1, 2027.
199199 38 SECTION 7. IC 6-1.1-2-1.5, AS ADDED BY P.L.111-2014,
200200 39 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
201201 40 JULY 1, 2025]: Sec. 1.5. (a) Except as provided in subsection (b), the
202202 41 annual assessment date for tangible property is:
203203 42 (1) March 1 in a year ending before January 1, 2016; and
204204 2025 IN 1229—LS 7042/DI 125 5
205205 1 (2) January 1 in a year beginning after December 31, 2015, and
206206 2 ending before January 1, 2026.
207207 3 (b) This subsection applies to mobile homes (including
208208 4 manufactured homes) subject to assessment under IC 6-1.1-7. Mobile
209209 5 homes are assessed in the year following the year containing the related
210210 6 assessment date for other property. The annual assessment date for
211211 7 mobile homes is:
212212 8 (1) January 15 in a year ending before January 1, 2017; and
213213 9 (2) January 1 in a year beginning after December 31, 2016, and
214214 10 ending before January 1, 2026.
215215 11 SECTION 8. IC 6-1.1-2-3 IS REPEALED [EFFECTIVE JANUARY
216216 12 1, 2027]. Sec. 3. The total tax rate to be imposed on each one hundred
217217 13 dollars ($100) of the assessed value of property shall be determined in
218218 14 the manner provided by law. Property tax revenues shall be used for
219219 15 state expenditures and for the support of the political subdivisions of
220220 16 this state.
221221 17 SECTION 9. IC 6-1.1-3-1, AS AMENDED BY P.L.249-2015,
222222 18 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
223223 19 JULY 1, 2025]: Sec. 1. (a) Before January 1, 2026, and except as
224224 20 provided in subsection (c), personal property which is owned by a
225225 21 person who is a resident of this state shall be assessed at the place
226226 22 where the owner resides on the assessment date of the year for which
227227 23 the assessment is made.
228228 24 (b) Before January 1, 2026, and except as provided in subsection
229229 25 (c), personal property which is owned by a person who is not a resident
230230 26 of this state shall be assessed at the place where the owner's principal
231231 27 office within this state is located on the assessment date of the year for
232232 28 which the assessment is made.
233233 29 (c) Before January 1, 2026, personal property shall be assessed at
234234 30 the place where it is situated on the assessment date of the year for
235235 31 which the assessment is made if the property is:
236236 32 (1) regularly used or permanently located where it is situated; or
237237 33 (2) owned by a nonresident who does not have a principal office
238238 34 within this state.
239239 35 (d) If a personal property return is filed pursuant to subsection (c),
240240 36 the owner of the property shall provide, within forty-five (45) days after
241241 37 the filing deadline, a copy or other written evidence of the filing of the
242242 38 return to the assessor of the county in which the owner resides. If such
243243 39 evidence is not filed within forty-five (45) days after the filing
244244 40 deadline, the county assessor for the area where the owner resides shall
245245 41 determine if the owner filed a personal property return in the township
246246 42 or county where the property is situated. If such a return was filed, the
247247 2025 IN 1229—LS 7042/DI 125 6
248248 1 property shall be assessed where it is situated. If such a return was not
249249 2 filed, the county assessor for the area where the owner resides shall
250250 3 notify the assessor of the township or county where the property is
251251 4 situated, and the property shall be assessed where it is situated. This
252252 5 subsection does not apply to a taxpayer who is required by the
253253 6 department of local government finance to file a summary of the
254254 7 taxpayer's business tangible personal property returns.
255255 8 SECTION 10. IC 6-1.1-15-1.1, AS AMENDED BY P.L.9-2024,
256256 9 SECTION 167, IS AMENDED TO READ AS FOLLOWS
257257 10 [EFFECTIVE UPON PASSAGE]: Sec. 1.1. (a) A taxpayer may appeal
258258 11 an assessment of a taxpayer's tangible property by filing a notice in
259259 12 writing with, before May 10, 2025, the township assessor, or the
260260 13 county assessor if the township is not served by a township assessor,
261261 14 and after May 9, 2025, with the county auditor. Except as provided
262262 15 in subsections (e) and (h), an appeal under this section may raise any
263263 16 claim of an error related to the following:
264264 17 (1) The assessed value of the property.
265265 18 (2) The assessment was against the wrong person.
266266 19 (3) The approval denial or omission of a deduction, credit,
267267 20 exemption, abatement, or tax cap.
268268 21 (4) A clerical, mathematical, or typographical mistake.
269269 22 (5) The description of the real property.
270270 23 (6) The legality or constitutionality of a property tax or
271271 24 assessment.
272272 25 A written notice under this section must be made on a form designated
273273 26 by the department of local government finance. A taxpayer must file a
274274 27 separate petition for each parcel.
275275 28 (b) A taxpayer may appeal an error in the assessed value of the
276276 29 property under subsection (a)(1) any time after the official's action, but
277277 30 not later than the following:
278278 31 (1) For assessments before January 1, 2019, the earlier of:
279279 32 (A) forty-five (45) days after the date on which the notice of
280280 33 assessment is mailed by the county; or
281281 34 (B) forty-five (45) days after the date on which the tax
282282 35 statement is mailed by the county treasurer, regardless of
283283 36 whether the assessing official changes the taxpayer's
284284 37 assessment.
285285 38 (2) For assessments of real property, after December 31, 2018, the
286286 39 earlier of:
287287 40 (A) June 15 of the assessment year, if the notice of assessment
288288 41 is mailed by the county before May 1 of the assessment year;
289289 42 or
290290 2025 IN 1229—LS 7042/DI 125 7
291291 1 (B) June 15 of the year in which the tax statement is mailed by
292292 2 the county treasurer, if the notice of assessment is mailed by
293293 3 the county on or after May 1 of the assessment year.
294294 4 (3) For assessments of personal property, forty-five (45) days after
295295 5 the date on which the county mails the notice under
296296 6 IC 6-1.1-3-20.
297297 7 A taxpayer may appeal an error in the assessment under subsection
298298 8 (a)(2), (a)(3), (a)(4), (a)(5), or (a)(6) not later than three (3) years after
299299 9 the taxes were first due.
300300 10 (c) Except as provided in subsection (d), an appeal under this
301301 11 section applies only to the tax year corresponding to the tax statement
302302 12 or other notice of action.
303303 13 (d) An appeal under this section applies to a prior tax year if a
304304 14 county official took action regarding a prior tax year, and such action
305305 15 is reflected for the first time in the tax statement. A taxpayer who has
306306 16 timely filed a written notice of appeal under this section may be
307307 17 required to file a petition for each tax year, and each petition filed later
308308 18 must be considered timely.
309309 19 (e) A taxpayer may not appeal under this section any claim of error
310310 20 related to the following:
311311 21 (1) The denial of a deduction, exemption, abatement, or credit if
312312 22 the authority to approve or deny is not vested in the county board,
313313 23 county auditor, county assessor, or township assessor.
314314 24 (2) The calculation of interest and penalties.
315315 25 (3) A matter under subsection (a) if a separate appeal or review
316316 26 process is statutorily prescribed.
317317 27 However, a claim may be raised under this section regarding the
318318 28 omission or application of a deduction approved by an authority other
319319 29 than the county board, county auditor, county assessor, or township
320320 30 assessor.
321321 31 (f) The filing of a written notice under this section constitutes a
322322 32 request by the taxpayer for a preliminary informal meeting with:
323323 33 (1) in the case of a notice filed before May 10, 2025, the
324324 34 township assessor, or the county assessor if the township is not
325325 35 served by a township assessor; and
326326 36 (2) in the case of a notice filed after May 9, 2025, the county
327327 37 auditor.
328328 38 (g) A county or township official, or county auditor, as applicable,
329329 39 who receives a written notice under this section shall forward the
330330 40 notice to:
331331 41 (1) the county board; and
332332 42 (2) in the case of a notice filed with a county or township
333333 2025 IN 1229—LS 7042/DI 125 8
334334 1 official before May 10, 2025, the county auditor. if the taxpayer
335335 2 raises a claim regarding a matter that is in the discretion of the
336336 3 county auditor.
337337 4 (h) A taxpayer may not raise any claim in an appeal under this
338338 5 section related to the legality or constitutionality of:
339339 6 (1) a user fee (as defined in IC 33-23-1-10.5);
340340 7 (2) any other charge, fee, or rate imposed by a political
341341 8 subdivision under any other law; or
342342 9 (3) any tax imposed by a political subdivision other than a
343343 10 property tax.
344344 11 (i) This subsection applies only to an appeal based on a claim of
345345 12 error in the determination of property that is or is not eligible for a
346346 13 standard homestead deduction under IC 6-1.1-12-37 and only for an
347347 14 assessment date occurring before January 1, 2024. A taxpayer may
348348 15 appeal an error in the assessment of property as described in this
349349 16 subsection any time after the official's action, but not later than one (1)
350350 17 year after the date on which the property that is the subject of the
351351 18 appeal was assessed.
352352 19 SECTION 11. IC 6-1.1-15-1.2, AS AMENDED BY P.L.9-2024,
353353 20 SECTION 168, IS AMENDED TO READ AS FOLLOWS
354354 21 [EFFECTIVE UPON PASSAGE]: Sec. 1.2. (a) A county or township
355355 22 official, or county auditor, as applicable, who receives a written
356356 23 notice under section 1.1 of this chapter shall schedule, at a time during
357357 24 business hours that is convenient to the taxpayer, a preliminary
358358 25 informal meeting with the taxpayer in order to resolve the appeal. If the
359359 26 taxpayer raises a claim regarding a matter that is in the discretion of the
360360 27 county auditor, the An informal meeting held after May 9, 2025, must
361361 28 include the county auditor, if the county auditor did not receive the
362362 29 written notice under section 1.1 of this chapter. At the preliminary
363363 30 informal meeting, in order to facilitate understanding and the resolution
364364 31 of disputed issues:
365365 32 (1) a county or township official;
366366 33 (2) the county auditor; if the matter is in the discretion of the
367367 34 county auditor; and
368368 35 (3) the taxpayer;
369369 36 shall exchange the information that each party is relying on at the time
370370 37 of the preliminary informal meeting to support the party's respective
371371 38 position on each disputed issue concerning the assessment or
372372 39 deduction. If additional information is obtained by the county or
373373 40 township official, the county auditor, or the taxpayer after the
374374 41 preliminary informal meeting and before the hearing held by the county
375375 42 board, the party obtaining the information shall provide the information
376376 2025 IN 1229—LS 7042/DI 125 9
377377 1 to the other party. If the county or township official, the county auditor,
378378 2 or the taxpayer obtains additional information and provides the
379379 3 information to the other party for the first time at the hearing held by
380380 4 the county board, the county board, unless waived by the receiving
381381 5 party, shall continue the hearing until a future hearing date of the
382382 6 county board so that the receiving party has an opportunity to review
383383 7 all the information that the offering party is relying on to support the
384384 8 offering party's positions on the disputed issues concerning the
385385 9 assessment or deduction.
386386 10 (b) The official or county auditor, as applicable, shall report on a
387387 11 form prescribed by the department of local government finance the
388388 12 results of the informal meeting. If the taxpayer and the official or
389389 13 county auditor, as applicable, agree on the resolution of all issues in
390390 14 the appeal, the report shall state the agreed resolution of the matter and
391391 15 be signed by the official or county auditor, as applicable, and the
392392 16 taxpayer. If an informal meeting is not held, or the informal meeting is
393393 17 unsuccessful, the official or county auditor, as applicable, shall
394394 18 report those facts on the form. The official or county auditor, as
395395 19 applicable, shall forward the report on the informal meeting to the
396396 20 county board.
397397 21 (c) If the county board receives a report on the informal meeting
398398 22 indicating an agreed resolution of the matter, the county board shall
399399 23 vote to accept or deny the agreed resolution. If the county board accepts
400400 24 the agreed resolution, the county board shall issue a notification of final
401401 25 assessment determination adopting the agreed resolution and vacating
402402 26 the hearing if scheduled.
403403 27 (d) The county board, upon receipt of a written notice under section
404404 28 1.1 of this chapter, shall hold a hearing on the appeal not later than one
405405 29 hundred eighty (180) days after the filing date of the written notice.
406406 30 The county board shall, by mail, give at least thirty (30) days notice of
407407 31 the date, time, and place fixed for the hearing to the taxpayer, the
408408 32 county or township official with whom the taxpayer filed the written
409409 33 notice, and the county auditor. If the county board has notice that the
410410 34 taxpayer is represented by a third person, any hearing notice shall be
411411 35 mailed to the representative.
412412 36 (e) If good cause is shown, the county board shall grant a request for
413413 37 continuance filed in writing at least ten (10) days before the hearing,
414414 38 and reschedule the hearing under subsection (d).
415415 39 (f) A taxpayer may withdraw an appeal by filing a written request
416416 40 at least ten (10) days before the hearing. The county board shall issue
417417 41 a notification of final assessment determination indicating the
418418 42 withdrawal and no change in the assessment. A withdrawal waives a
419419 2025 IN 1229—LS 7042/DI 125 10
420420 1 taxpayer's right to appeal to the Indiana board.
421421 2 (g) The county board shall determine an appeal without a hearing if
422422 3 requested by the taxpayer in writing at least twenty (20) days before the
423423 4 hearing.
424424 5 (h) If a taxpayer appeals the assessment of tangible property under
425425 6 section 1.1 of this chapter, the taxpayer is not required to have an
426426 7 appraisal of the property in order to initiate the appeal or prosecute the
427427 8 appeal. If the taxpayer presents an appraisal to the county board that:
428428 9 (1) is prepared by a certified appraiser in compliance with the
429429 10 Uniform Standards of Professional Appraisal Practice to
430430 11 determine the market value in use;
431431 12 (2) is addressed to the property owner or the assessor's office;
432432 13 (3) is commissioned for the purpose of the assessment appeal; and
433433 14 (4) has an effective date that is the same date as the date of the
434434 15 assessment that is the subject of the appeal;
435435 16 the value of the property contained in the appraisal is presumed to be
436436 17 correct. If the county board disagrees with the taxpayer's appraisal, the
437437 18 county board may seek review of the appraisal by a third party
438438 19 independent certified appraiser or obtain an independent appraisal
439439 20 report conducted by a certified appraiser in compliance with the
440440 21 Uniform Standards of Professional Appraisal Practice. If the county
441441 22 board's appraisal differs from the taxpayer's appraisal, the county board
442442 23 shall weigh the evidence and determine the true tax value of the
443443 24 property based on the totality of the probative evidence before the
444444 25 county board. The county board's determination of the property's true
445445 26 tax value may be higher or lower than the assessment but may not be
446446 27 lower than the lowest appraisal presented to or obtained by the county
447447 28 board, or higher than the highest appraisal presented to or obtained by
448448 29 the county board. After the assignment of value, the parties shall retain
449449 30 their rights to appeal the assessment or assessments to the Indiana
450450 31 board, which must hear the appeal de novo.
451451 32 (i) At a hearing under subsection (d), the taxpayer shall have the
452452 33 opportunity to present testimony and evidence regarding the matters on
453453 34 appeal. If the matters on appeal are in the discretion of the county
454454 35 auditor, The county auditor or the county auditor's representative shall
455455 36 attend the hearing. A county or township official, or the county auditor
456456 37 or the county auditor's representative, shall have an opportunity to
457457 38 present testimony and evidence regarding the matters on appeal. The
458458 39 county board may adjourn and continue the hearing to a later date in
459459 40 order to make a physical inspection or consider the evidence presented.
460460 41 (j) The county board shall determine the assessment by motion and
461461 42 majority vote. Except as provided in subsection (m), a county board
462462 2025 IN 1229—LS 7042/DI 125 11
463463 1 may, based on the evidence before it, increase an assessment. The
464464 2 county board shall issue a written decision. Written notice of the
465465 3 decision shall be given to the township official, county official, county
466466 4 auditor, and the taxpayer.
467467 5 (k) If more than one hundred eighty (180) days have passed since
468468 6 the date the notice of appeal was filed, and the county board has not
469469 7 issued a determination, a taxpayer may initiate any appeal with the
470470 8 Indiana board of tax review under section 3 of this chapter.
471471 9 (l) The county assessor or county auditor, as applicable, may
472472 10 assess a penalty of fifty dollars ($50) against the taxpayer if the
473473 11 taxpayer or representative fails to appear at a hearing under subsection
474474 12 (d) and, under subsection (e), the taxpayer's request for continuance is
475475 13 denied, or the taxpayer's request for continuance, request for the board
476476 14 to take action without a hearing, or withdrawal is not timely filed. A
477477 15 taxpayer may appeal the assessment of the penalty to the Indiana board
478478 16 or directly to the tax court. The penalty may not be added as an amount
479479 17 owed on the property tax statement under IC 6-1.1-22 or IC 6-1.1-22.5.
480480 18 (m) The determination of an appealed assessed value of tangible
481481 19 property by a county or township official, or county auditor, as
482482 20 applicable, resulting from an informal meeting under subsection (a),
483483 21 or by a county board resulting from an appeal hearing under subsection
484484 22 (d), may be less than or equal to the tangible property's original
485485 23 appealed assessed value at issue, but may not exceed the original
486486 24 appealed assessed value at issue. However, an increase in assessed
487487 25 value that is attributable to substantial renovation, new improvements,
488488 26 zoning change, or use change is excluded from the limitation under this
489489 27 subsection.
490490 28 SECTION 12. IC 6-1.1-15-3, AS AMENDED BY P.L.154-2020,
491491 29 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
492492 30 UPON PASSAGE]: Sec. 3. (a) A taxpayer may obtain a review by the
493493 31 Indiana board of:
494494 32 (1) a county board's action with respect to a claim under section
495495 33 1.1 of this chapter; or
496496 34 (2) a denial by the county auditor, the county assessor, or the
497497 35 county treasurer of a claim for refund under IC 6-1.1-9-10(c)(2)
498498 36 that is appealed to the Indiana board as authorized in
499499 37 IC 6-1.1-26-2.1(d)(2).
500500 38 (b) The county assessor (before the abolishment of the office) and
501501 39 the county auditor is the party are parties to a review under
502502 40 subsection (a)(1) to defend the determination of the county board. The
503503 41 county auditor may appear as an additional party to the review if the
504504 42 determination concerns a matter that is in the discretion of the county
505505 2025 IN 1229—LS 7042/DI 125 12
506506 1 auditor. At the time the notice of that determination is given to the
507507 2 taxpayer, the taxpayer shall also be informed in writing of:
508508 3 (1) the taxpayer's opportunity for review under subsection (a)(1);
509509 4 and
510510 5 (2) the procedures the taxpayer must follow in order to obtain
511511 6 review under this section.
512512 7 (c) A county assessor or county auditor who dissents from the
513513 8 determination of the county board may obtain a review by the Indiana
514514 9 board. A county auditor who dissents from the determination of the
515515 10 county board concerning a matter that is in the discretion of the county
516516 11 auditor may obtain a review by the Indiana board.
517517 12 (d) In order to obtain a review by the Indiana board under
518518 13 subsection (a)(1), the party must, not later than forty-five (45) days
519519 14 after the date of the notice given to the party or parties of the
520520 15 determination of the county board:
521521 16 (1) file a petition for review with the Indiana board; and
522522 17 (2) mail a copy of the petition to the other party.
523523 18 (e) The Indiana board shall prescribe the form of the petition for
524524 19 review under this chapter. The Indiana board shall issue instructions for
525525 20 completion of the form. The form and the instructions must be clear,
526526 21 simple, and understandable to the average individual. A petition for
527527 22 review of such a determination must be made on the form prescribed
528528 23 by the Indiana board. The form must require the petitioner to specify
529529 24 the reasons why the petitioner believes that the determination by the
530530 25 county board is erroneous.
531531 26 (f) If the action for which a taxpayer seeks review under this section
532532 27 is the assessment of tangible property, the taxpayer is not required to
533533 28 have an appraisal of the property in order to do the following:
534534 29 (1) Initiate the review.
535535 30 (2) Prosecute the review.
536536 31 (g) If an owner petitions the Indiana board under IC 6-1.1-11-7(d),
537537 32 the Indiana board is authorized to approve or disapprove an exemption
538538 33 application:
539539 34 (1) previously submitted to a county board under IC 6-1.1-11-6;
540540 35 and
541541 36 (2) that is not approved or disapproved by the county board within
542542 37 one hundred eighty (180) days after the owner filed the
543543 38 application for exemption under IC 6-1.1-11.
544544 39 The county assessor (before the abolishment of the office) and after
545545 40 May 9, 2025, the county auditor, is a party are parties to a petition
546546 41 to the Indiana board under IC 6-1.1-11-7(d).
547547 42 (h) This subsection applies only to the review by the Indiana board
548548 2025 IN 1229—LS 7042/DI 125 13
549549 1 of a denial of a refund claim described in subsection (a)(2). The county
550550 2 assessor (before the abolishment of the office) and after May 9,
551551 3 2025, the county auditor, is the party are parties to a review under
552552 4 subsection (a)(2) to defend the denial of the refund under
553553 5 IC 6-1.1-26-2.1. In order to obtain a review by the Indiana board under
554554 6 subsection (a)(2), the taxpayer must, within forty-five (45) days of the
555555 7 notice of denial under IC 6-1.1-26-2.1(d):
556556 8 (1) file a petition for review with the Indiana board; and
557557 9 (2) mail a copy of the petition to the county auditor.
558558 10 SECTION 13. IC 6-1.1-15-4, AS AMENDED BY P.L.156-2020,
559559 11 SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
560560 12 UPON PASSAGE]: Sec. 4. (a) After receiving a petition for review
561561 13 which is filed under section 3 of this chapter, the Indiana board shall
562562 14 conduct a hearing at its earliest opportunity. The Indiana board may
563563 15 correct any errors related to a claim under section 1.1 of this chapter
564564 16 that is within the jurisdiction of the Indiana board under IC 6-1.5-4-1.
565565 17 (b) If the Indiana board conducts a site inspection of the property as
566566 18 part of its review of the petition, the Indiana board shall give notice to
567567 19 all parties of the date and time of the site inspection. The Indiana board
568568 20 is not required to assess the property in question. The Indiana board
569569 21 shall give notice of the date fixed for the hearing, by mail, to the parties
570570 22 or a party's representative. The Indiana board shall give these notices
571571 23 at least thirty (30) days before the day fixed for the hearing unless the
572572 24 parties agree to a shorter period. With respect to a petition for review
573573 25 filed by a county assessor or county auditor, the county board that
574574 26 made the determination under review under this section may file an
575575 27 amicus curiae brief in the review proceeding under this section. The
576576 28 expenses incurred by the county board in filing the amicus curiae brief
577577 29 shall be paid from the property reassessment fund under
578578 30 IC 6-1.1-4-27.5 of the county in which the property is located. The
579579 31 executive of a taxing unit may file an amicus curiae brief in the review
580580 32 proceeding under this section if the property that is the subject of the
581581 33 appeal is subject to assessment by that taxing unit.
582582 34 (c) If a petition for review does not comply with the Indiana board's
583583 35 instructions for completing the form prescribed under section 3 of this
584584 36 chapter, the Indiana board shall return the petition to the petitioner and
585585 37 include a notice describing the defect in the petition. The petitioner
586586 38 then has thirty (30) days from the date on the notice to cure the defect
587587 39 and file a corrected petition. The Indiana board shall deny a corrected
588588 40 petition for review if it does not substantially comply with the Indiana
589589 41 board's instructions for completing the form prescribed under section
590590 42 3 of this chapter.
591591 2025 IN 1229—LS 7042/DI 125 14
592592 1 (d) After the hearing, the Indiana board shall give the parties and
593593 2 any entity that filed an amicus curiae brief, or their representatives:
594594 3 (1) notice, by mail, of its final determination; and
595595 4 (2) for parties entitled to appeal the final determination, notice of
596596 5 the procedures they must follow in order to obtain court review
597597 6 under section 5 of this chapter.
598598 7 (e) The Indiana board shall conduct a hearing not later than one (1)
599599 8 year after a petition in proper form is filed with the Indiana board.
600600 9 (f) The Indiana board shall issue a determination not later than the
601601 10 later of:
602602 11 (1) ninety (90) days after the hearing; or
603603 12 (2) the date set in an extension order issued by the Indiana board.
604604 13 The board may not extend the date by more than one hundred
605605 14 eighty (180) days.
606606 15 (g) The time periods described in subsections (e) and (f) do not
607607 16 include any period of time that is attributable to a party's:
608608 17 (1) request for a continuance, stay, extension, or summary
609609 18 disposition;
610610 19 (2) consent to a case management order, stipulated record, or
611611 20 proposed hearing date;
612612 21 (3) failure to comply with the board's orders or rules; or
613613 22 (4) waiver of a deadline.
614614 23 (h) If the Indiana board fails to take action required under
615615 24 subsection (e) or (f), the entity that initiated the petition may:
616616 25 (1) take no action and wait for the Indiana board to hear the
617617 26 matter and issue a final determination; or
618618 27 (2) petition for judicial review under section 5 of this chapter.
619619 28 (i) This subsection applies when the board has not held a hearing.
620620 29 A person may not seek judicial review under subsection (h)(2) until:
621621 30 (1) the person requests a hearing in writing; and
622622 31 (2) sixty (60) days have passed after the person requests a hearing
623623 32 under subdivision (1) and the matter has not been heard or
624624 33 otherwise extended under subsection (g).
625625 34 (j) A final determination must include separately stated findings of
626626 35 fact for all aspects of the determination. Findings of ultimate fact must
627627 36 be accompanied by a concise statement of the underlying basic facts of
628628 37 record to support the findings. Findings must be based exclusively
629629 38 upon the evidence on the record in the proceeding and on matters
630630 39 officially noticed in the proceeding. Findings must be based upon a
631631 40 preponderance of the evidence.
632632 41 (k) The Indiana board may limit the scope of the appeal to the issues
633633 42 raised in the petition and the evaluation of the evidence presented to
634634 2025 IN 1229—LS 7042/DI 125 15
635635 1 the county board in support of those issues only if all parties
636636 2 participating in the hearing required under subsection (a) agree to the
637637 3 limitation. A party participating in the hearing required under
638638 4 subsection (a) is entitled to introduce evidence that is otherwise proper
639639 5 and admissible without regard to whether that evidence has previously
640640 6 been introduced at a hearing before the county board.
641641 7 (l) The Indiana board may require the parties to the appeal:
642642 8 (1) to file not more than five (5) business days before the date of
643643 9 the hearing required under subsection (a) documentary evidence
644644 10 or summaries of statements of testimonial evidence; and
645645 11 (2) to file not more than fifteen (15) business days before the date
646646 12 of the hearing required under subsection (a) lists of witnesses and
647647 13 exhibits to be introduced at the hearing.
648648 14 (m) A party to a proceeding before the Indiana board shall provide
649649 15 to all other parties to the proceeding the information described in
650650 16 subsection (l) if the other party requests the information in writing at
651651 17 least ten (10) days before the deadline for filing of the information
652652 18 under subsection (l).
653653 19 (n) The Indiana board may base its final determination on a
654654 20 stipulation between the respondent and the petitioner. If the final
655655 21 determination is based on a stipulated assessed valuation of tangible
656656 22 property, the Indiana board may order the placement of a notation on
657657 23 the permanent assessment record of the tangible property that the
658658 24 assessed valuation was determined by stipulation. The Indiana board
659659 25 may:
660660 26 (1) order that a final determination under this subsection has no
661661 27 precedential value; or
662662 28 (2) specify a limited precedential value of a final determination
663663 29 under this subsection.
664664 30 (o) If a party to a proceeding, or a party's authorized representative,
665665 31 elects to receive any notice under this section by electronic mail, the
666666 32 notice is considered effective in the same manner as if the notice had
667667 33 been sent by United States mail, with postage prepaid, to the party's or
668668 34 representative's mailing address of record.
669669 35 (p) At a hearing under this section, the Indiana board shall admit
670670 36 into evidence an appraisal report, prepared by an appraiser, unless the
671671 37 appraisal report is ruled inadmissible on grounds besides a hearsay
672672 38 objection. This exception to the hearsay rule shall not be construed to
673673 39 limit the discretion of the Indiana board, as trier of fact, to review the
674674 40 probative value of an appraisal report.
675675 41 SECTION 14. IC 6-1.1-15-5, AS AMENDED BY P.L.156-2020,
676676 42 SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
677677 2025 IN 1229—LS 7042/DI 125 16
678678 1 UPON PASSAGE]: Sec. 5. (a) Not later than fifteen (15) days after the
679679 2 Indiana board gives notice of its final determination under section 4 of
680680 3 this chapter to the party or the maximum allowable time for the
681681 4 issuance of a final determination by the Indiana board under section 4
682682 5 of this chapter expires, a party to the proceeding may request a
683683 6 rehearing before the Indiana board. The Indiana board may conduct a
684684 7 rehearing and affirm or modify its final determination, giving the same
685685 8 notices after the rehearing as are required by section 4 of this chapter.
686686 9 The Indiana board has fifteen (15) days after receiving a petition for a
687687 10 rehearing to determine whether to grant a rehearing. Failure to grant a
688688 11 rehearing not later than fifteen (15) days after receiving the petition
689689 12 shall be treated as a final determination to deny the petition. A petition
690690 13 for a rehearing does not toll the time in which to file a petition for
691691 14 judicial review unless the petition for rehearing is granted. If the
692692 15 Indiana board determines to rehear a final determination, the Indiana
693693 16 board:
694694 17 (1) may conduct the additional hearings that the Indiana board
695695 18 determines necessary or review the written record without
696696 19 additional hearings; and
697697 20 (2) shall issue a final determination not later than ninety (90) days
698698 21 after notifying the parties that the Indiana board will rehear the
699699 22 final determination.
700700 23 If the Indiana board fails to make a final determination within the time
701701 24 allowed under subdivision (2), the entity that initiated the petition for
702702 25 rehearing may take no action and wait for the Indiana board to make a
703703 26 final determination or petition for judicial review under subsection (g).
704704 27 (b) A party may petition for judicial review of the final
705705 28 determination of the Indiana board. In order to obtain judicial review
706706 29 under this section, a party must:
707707 30 (1) file a petition with the Indiana tax court;
708708 31 (2) serve a copy of the petition on:
709709 32 (A) the parties to the review by the Indiana board;
710710 33 (B) the attorney general; and
711711 34 (C) any entity that filed an amicus curiae brief with the Indiana
712712 35 board; and
713713 36 (3) file a written notice of appeal with the Indiana board
714714 37 informing the Indiana board of the party's intent to obtain judicial
715715 38 review.
716716 39 Petitions for judicial review may be consolidated at the request of the
717717 40 appellants if it can be done in the interest of justice. The department of
718718 41 local government finance may intervene in an action taken under this
719719 42 subsection if the interpretation of a rule of the department is at issue in
720720 2025 IN 1229—LS 7042/DI 125 17
721721 1 the action. The county assessor (before the abolishment of the office)
722722 2 and after May 9, 2025, the county auditor, is a party are parties to
723723 3 the review under this section.
724724 4 (c) Except as provided in subsection (g), to initiate a proceeding for
725725 5 judicial review under this section, a party must take the action required
726726 6 by subsection (b) not later than:
727727 7 (1) forty-five (45) days after the Indiana board gives the person
728728 8 notice of its final determination, unless a rehearing is conducted
729729 9 under subsection (a); or
730730 10 (2) forty-five (45) days after the Indiana board gives the person
731731 11 notice under subsection (a) of its final determination, if a
732732 12 rehearing is conducted under subsection (a) or the maximum time
733733 13 elapses for the Indiana board to make a determination under this
734734 14 section.
735735 15 (d) The failure of the Indiana board to conduct a hearing within the
736736 16 period prescribed in section 4(e) of this chapter does not constitute
737737 17 notice to the party of an Indiana board final determination.
738738 18 (e) The county assessor or county auditor may petition for judicial
739739 19 review to the tax court in the manner prescribed in this section. If the
740740 20 county auditor appeared before the Indiana board concerning the
741741 21 matter, the county auditor may petition for judicial review to the tax
742742 22 court in the manner prescribed in this section.
743743 23 (f) The county assessor or county auditor may not be represented
744744 24 by the attorney general in a judicial review initiated under subsection
745745 25 (b) by the county assessor or county auditor.
746746 26 (g) If the maximum time elapses for the Indiana board to give notice
747747 27 of its final determination under subsection (a) or section 4 of this
748748 28 chapter, a party may initiate a proceeding for judicial review by taking
749749 29 the action required by subsection (b) at any time after the maximum
750750 30 time elapses. If:
751751 31 (1) a judicial proceeding is initiated under this subsection; and
752752 32 (2) the Indiana board has not issued a determination;
753753 33 the tax court shall determine the matter de novo.
754754 34 SECTION 15. IC 6-1.1-15-19, AS ADDED BY P.L.244-2015,
755755 35 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
756756 36 UPON PASSAGE]: Sec. 19. (a) Before July 1, 2025, a county
757757 37 assessor, and after June 30, 2025, a county auditor, shall quarterly
758758 38 send a notice to the fiscal officer of each taxing unit affected by an
759759 39 appeal prosecuted under this chapter, including the fiscal officer of an
760760 40 affected redevelopment commission established under IC 36-7. The
761761 41 notice must include the following information:
762762 42 (1) The date on which a notice for review was filed.
763763 2025 IN 1229—LS 7042/DI 125 18
764764 1 (2) The name and address of the taxpayer who filed the notice for
765765 2 review.
766766 3 (3) The assessed value for the assessment date the year before the
767767 4 appeal, and the assessed value on the most recent assessment
768768 5 date.
769769 6 (4) The status of the taxpayer's appeal.
770770 7 (b) Each township assessor (if any) shall furnish to the county
771771 8 assessor all requested information necessary for purposes of providing
772772 9 the quarterly notices under this section. This subsection expires July
773773 10 1, 2025.
774774 11 (c) A notice required by this section may be provided to the
775775 12 appropriate fiscal officer in an electronic format.
776776 13 SECTION 16. IC 6-1.1-17-0.2 IS ADDED TO THE INDIANA
777777 14 CODE AS A NEW SECTION TO READ AS FOLLOWS
778778 15 [EFFECTIVE JULY 1, 2025]: Sec. 0.2. This chapter applies only in
779779 16 calendar years before January 1, 2026.
780780 17 SECTION 17. IC 6-1.1-20-0.3 IS ADDED TO THE INDIANA
781781 18 CODE AS A NEW SECTION TO READ AS FOLLOWS
782782 19 [EFFECTIVE UPON PASSAGE]: Sec. 0.3. (a) Notwithstanding any
783783 20 other law, after May 9, 2025, a political subdivision may not issue
784784 21 any bonds, notes, or warrants, or enter into any leases or
785785 22 obligations to be paid from property tax revenue, or that include
786786 23 a pledge to levy property taxes if other funds are insufficient.
787787 24 (b) This section may not be construed to prohibit the refunding
788788 25 or refinancing of obligations incurred before May 10, 2025.
789789 26 SECTION 18. IC 6-1.1-39-0.2 IS ADDED TO THE INDIANA
790790 27 CODE AS A NEW SECTION TO READ AS FOLLOWS
791791 28 [EFFECTIVE UPON PASSAGE]: Sec. 0.2. (a) Notwithstanding any
792792 29 other law:
793793 30 (1) no economic development district or allocation area may
794794 31 be established, amended, or renewed; and
795795 32 (2) no bonds, leases, or other obligations may be issued,
796796 33 entered into, or extended for an economic development
797797 34 district or allocation area;
798798 35 under this chapter after May 9, 2025.
799799 36 (b) This section may not be construed to prohibit the refunding
800800 37 or refinancing of obligations incurred before May 10, 2025.
801801 38 SECTION 19. IC 6-1.2 IS ADDED TO THE INDIANA CODE AS
802802 39 A NEW ARTICLE TO READ AS FOLLOWS [EFFECTIVE UPON
803803 40 PASSAGE]:
804804 41 ARTICLE 1.2. PROPERTY TAX REVENUE REPLACEMENT
805805 42 Chapter 1. General Applicability and Definitions
806806 2025 IN 1229—LS 7042/DI 125 19
807807 1 Sec. 1. The definitions and rules of construction contained in
808808 2 IC 6-1.1-1 apply throughout this article unless the context clearly
809809 3 requires otherwise.
810810 4 Sec. 2. The definitions contained in this chapter apply
811811 5 throughout this article unless the context clearly requires
812812 6 otherwise.
813813 7 Sec. 3. "ADM" has the meaning set forth in IC 20-43-1-6.
814814 8 Sec. 4. "Allocation area" refers to an area that is established
815815 9 under the authority of any of the following statutes and in which,
816816 10 before January 1, 2027, property tax revenues are collected:
817817 11 (1) IC 6-1.1-39.
818818 12 (2) IC 8-22-3.5.
819819 13 (3) IC 36-7-13.
820820 14 (4) IC 36-7-14.
821821 15 (5) IC 36-7-14.5.
822822 16 (6) IC 36-7-15.1.
823823 17 (7) IC 36-7-30.
824824 18 (8) IC 36-7-30.5.
825825 19 (9) IC 36-7-32.
826826 20 (10) IC 36-7.5-4.5.
827827 21 (11) Any other provision that authorizes the establishment of
828828 22 an allocation area in which, before January 1, 2027, property
829829 23 tax revenues are collected.
830830 24 Sec. 5. "Fund" refers to the local revenue sharing fund
831831 25 established by IC 6-1.2-3-2.
832832 26 Sec. 6. "Governing body" means the following:
833833 27 (1) For an allocation area created under IC 6-1.1-39, the fiscal
834834 28 body of the county (as defined in IC 36-1-2-6).
835835 29 (2) For an allocation area created under IC 8-22-3.5, the
836836 30 commission (as defined in IC 8-22-3.5-2).
837837 31 (3) For an allocation area created under IC 36-7-13, the
838838 32 county, city, or town.
839839 33 (4) For an allocation area created under IC 36-7-14, the
840840 34 redevelopment commission.
841841 35 (5) For an allocation area created under IC 36-7-14.5, the
842842 36 redevelopment authority.
843843 37 (6) For an allocation area created under IC 36-7-15.1, the
844844 38 metropolitan development commission.
845845 39 (7) For an allocation area created under IC 36-7-30, the
846846 40 military base reuse authority.
847847 41 (8) For an allocation area created under IC 36-7-30.5, the
848848 42 military base development authority.
849849 2025 IN 1229—LS 7042/DI 125 20
850850 1 (9) For an allocation area created under IC 36-7-32, the
851851 2 redevelopment commission.
852852 3 (10) For an allocation area created under IC 36-7.5-4.5, the
853853 4 development authority.
854854 5 Sec. 7. "Municipality" has the meaning set forth in IC 36-1-2-11.
855855 6 Sec. 8. "Obligation" means an obligation to repay:
856856 7 (1) the principal and interest on bonds;
857857 8 (2) lease rentals on leases; or
858858 9 (3) any other contractual obligation;
859859 10 payable from property tax increment revenues. The term includes
860860 11 a guarantee of repayment from property tax increment revenues
861861 12 if other revenues are insufficient to make a payment.
862862 13 Chapter 2. Abolishment of Property Tax
863863 14 Sec. 1. (a) Notwithstanding IC 6-1.1 or any other law to the
864864 15 contrary, but subject to subsection (b), tangible property may not
865865 16 be assessed after December 31, 2025, and property taxes on
866866 17 tangible property may not be first imposed or first due after
867867 18 December 31, 2026.
868868 19 (b) Nothing in this article may be construed as limiting or
869869 20 otherwise affecting:
870870 21 (1) the collection of any property taxes or penalties imposed;
871871 22 or
872872 23 (2) any property tax exemptions or property tax deductions
873873 24 allowed;
874874 25 under IC 6-1.1 or any other law before January 1, 2027.
875875 26 Sec. 2. If a provision of this article conflicts with any other law,
876876 27 including IC 6-1.1, the provision in this article controls. A
877877 28 provision contained in IC 6-1.1 is not applicable after the
878878 29 abolishment of the imposition of property tax if the context clearly
879879 30 renders the provision inapplicable.
880880 31 Sec. 3. This article does not prohibit the assessment and levying
881881 32 of a fee or payment otherwise authorized by law or the imposing of
882882 33 a special assessment (including a ditch or drainage assessment,
883883 34 Barrett Law assessment, improvement assessment, sewer
884884 35 assessment, or sewage assessment) otherwise authorized by law to
885885 36 be imposed on property to be benefitted by an improvement.
886886 37 Sec. 4. A pledge of property tax made before May 10, 2025, for
887887 38 the payment of bonds, leases, or other expenditures shall be treated
888888 39 as a pledge of the distributions from the fund under this article for
889889 40 the same purpose. Notwithstanding the abolishment of the
890890 41 imposition of property tax and the enactment of this article, any
891891 42 pledge of revenues received from a tax imposed under IC 6-1.1
892892 2025 IN 1229—LS 7042/DI 125 21
893893 1 prior to the abolishment of the imposition of property tax to the
894894 2 payment, in whole or in part, of:
895895 3 (1) the principal of and interest on bonds;
896896 4 (2) lease rentals due under a lease; and
897897 5 (3) the payment of any other obligation;
898898 6 is binding and enforceable and remains in full force and effect as
899899 7 long as the principal of and interest on any bonds, the lease rentals
900900 8 due under any lease, or the payment of any obligation remains
901901 9 unpaid. The enactment of this article does not affect any rights,
902902 10 duties, obligations, proceedings, or liabilities accrued before
903903 11 enactment of this article. Those rights, duties, obligations,
904904 12 proceedings, or liabilities continue and shall be imposed and
905905 13 enforced under prior law as if this article had not been enacted and
906906 14 the imposition of property tax had not been abolished.
907907 15 Sec. 5. For purposes of limitations on indebtedness of political
908908 16 or municipal corporations imposed by Article 13, Section 1 of the
909909 17 Constitution of the State of Indiana, to determine a taxing unit's
910910 18 value of taxable property after the abolishment of the imposition
911911 19 of property tax under this article, the most recent assessed value of
912912 20 taxable property for the entire territory must be used to determine
913913 21 the debt limit.
914914 22 Chapter 3. Local Revenue Sharing Fund
915915 23 Sec. 1. Not later than December 1, 2026, and each December 1
916916 24 thereafter, each governing body shall file with the department of
917917 25 local government finance and, if applicable, with the authorizing
918918 26 unit's executive and fiscal body, a certified report setting out the
919919 27 amount per month needed to:
920920 28 (1) make all payments that are due in the next calendar year
921921 29 on obligations incurred before May 10, 2025, and payable
922922 30 from property tax revenues in allocation areas; plus
923923 31 (2) maintain any revenue to obligation payment ratio required
924924 32 by an agreement on which any of the obligations are based.
925925 33 The report must be filed in the manner prescribed by the
926926 34 department of local government finance.
927927 35 Sec. 2. (a) The local revenue sharing fund is established. The
928928 36 purpose of the fund is to allocate and distribute to taxing units the
929929 37 portion of all the state gross retail and use tax revenue attributable
930930 38 to services for use as set forth in section 4 of this chapter. The fund
931931 39 shall be administered by the department.
932932 40 (b) The fund consists of the following:
933933 41 (1) Appropriations to the fund.
934934 42 (2) Amounts deposited in the fund under IC 6-2.5-10-1(e).
935935 2025 IN 1229—LS 7042/DI 125 22
936936 1 (3) Interest and other earnings derived from investment of
937937 2 money in the fund.
938938 3 (c) Money in the fund is continuously appropriated for the
939939 4 purposes of this chapter.
940940 5 (d) The money in the fund may not be used for the costs of
941941 6 administering this chapter.
942942 7 (e) Money in the fund at the end of a state fiscal year does not
943943 8 revert to the state general fund.
944944 9 Sec. 3. This section applies after December 31, 2026. Before the
945945 10 last day of each month, the state comptroller shall allocate and the
946946 11 treasurer of state shall distribute money in the fund to the fiscal
947947 12 officer of each taxing unit according to the following:
948948 13 (1) The state comptroller shall first distribute an amount
949949 14 equal to forty-five percent (45%) of the amount in the fund
950950 15 according to the following formula:
951951 16 STEP ONE: In collaboration with the department of
952952 17 education, determine the:
953953 18 (i) number of students who received a choice scholarship
954954 19 and not more than fifty percent (50%) virtual instruction
955955 20 in the current school year; and
956956 21 (ii) number of students in item (i) who attended each
957957 22 eligible school in the current school year.
958958 23 STEP TWO: Add the:
959959 24 (i) total statewide current ADM of students who receive
960960 25 not more than fifty percent (50%) virtual instruction for
961961 26 all school corporations;
962962 27 (ii) total statewide current ADM of students who receive
963963 28 not more than fifty percent (50%) virtual instruction for
964964 29 all charter schools; plus
965965 30 (iii) number of students who received a choice
966966 31 scholarship and not more than fifty percent (50%)
967967 32 virtual instruction in the current school year.
968968 33 STEP THREE: Determine the:
969969 34 (i) amount that is equal to forty-five percent (45%) of the
970970 35 amount remaining in the fund; divided by
971971 36 (ii) the STEP TWO result;
972972 37 to determine per student funding.
973973 38 STEP FOUR: Distribute to each school corporation,
974974 39 charter school, and eligible school:
975975 40 (i) the STEP THREE result; multiplied by
976976 41 (ii) the current ADM of students who receive not more
977977 42 than fifty percent (50%) virtual instruction for the
978978 2025 IN 1229—LS 7042/DI 125 23
979979 1 school corporation, the current ADM of students who
980980 2 receive not more than fifty percent (50%) virtual
981981 3 instruction for the charter school, or the number of
982982 4 students who received a choice scholarship, did receive
983983 5 not more than fifty percent (50%) virtual instruction,
984984 6 and attended the eligible school in the current school
985985 7 year, as applicable.
986986 8 (2) After making the distributions under subdivision (1), the
987987 9 state comptroller shall next distribute to each governing body
988988 10 the amount needed for the subsequent month as provided in
989989 11 the governing body's report for the calendar year submitted
990990 12 under section 1 of this chapter.
991991 13 (3) This subdivision does not apply to school corporations.
992992 14 After making the distributions under subdivisions (1) and (2),
993993 15 the state comptroller shall distribute the remaining money in
994994 16 the fund to taxing units according to the following:
995995 17 STEP ONE: Determine, for each type of taxing unit the
996996 18 amount of that particular type of taxing unit's statewide
997997 19 average net levy for calendar years 2022, 2023, 2024, 2025,
998998 20 and 2026.
999999 21 STEP TWO: Determine the sum of all five (5) year average
10001000 22 net levy results determined under STEP ONE for all types
10011001 23 of taxing units.
10021002 24 STEP THREE: For each type of taxing unit, determine:
10031003 25 (i) the STEP ONE result for the type of taxing unit;
10041004 26 divided by
10051005 27 (ii) the STEP TWO result.
10061006 28 STEP FOUR: To determine the aggregate allocation
10071007 29 amount for each type of taxing unit, multiply:
10081008 30 (i) the STEP THREE result for the type of taxing unit;
10091009 31 by
10101010 32 (ii) the amount of money remaining in the fund after the
10111011 33 distributions under subdivisions (1) and (2).
10121012 34 STEP FIVE: Of the aggregate allocation amount
10131013 35 determined for counties under STEP FOUR, distribute:
10141014 36 (i) seventy-five percent (75%) of the aggregate allocation
10151015 37 amount among the counties proportionately based on the
10161016 38 population of a particular county compared to all
10171017 39 counties; and
10181018 40 (ii) twenty-five percent (25%) of the aggregate allocation
10191019 41 amount among the counties proportionately based on the
10201020 42 total miles of county roads in a particular county
10211021 2025 IN 1229—LS 7042/DI 125 24
10221022 1 compared to all counties.
10231023 2 STEP SIX: Of the aggregate allocation amount determined
10241024 3 for municipalities under STEP FOUR, distribute:
10251025 4 (i) seventy-five percent (75%) of the aggregate allocation
10261026 5 amount among the municipalities proportionately based
10271027 6 on the population of a particular municipality compared
10281028 7 to all municipalities; and
10291029 8 (ii) twenty-five percent (25%) of the aggregate allocation
10301030 9 amount among the municipalities proportionately based
10311031 10 on the total miles of municipality roads in a particular
10321032 11 municipality compared to all municipalities.
10331033 12 STEP SEVEN: Of the aggregate allocation amount
10341034 13 determined under STEP FOUR for libraries, distribute a
10351035 14 proportionate amount to each library based on the
10361036 15 population of the particular library compared to all
10371037 16 libraries.
10381038 17 STEP EIGHT: Of the aggregate allocation amount
10391039 18 determined under STEP FOUR for townships and fire
10401040 19 protection territories for which a township is the provider
10411041 20 unit, distribute a proportionate amount to the county
10421042 21 auditor in which the township is located based on the
10431043 22 population of the particular township compared to all
10441044 23 townships. The county council in the county in which the
10451045 24 township is located shall determine how to allocate the
10461046 25 money among the townships in the county. In determining
10471047 26 how to allocate the money, the county council may consider
10481048 27 whether one (1) or more townships located in the county
10491049 28 will merge with any other township in the county.
10501050 29 STEP NINE: For all other taxing unit types, respectively,
10511051 30 distribute a proportionate amount to each taxing unit type
10521052 31 based on the particular taxing unit type's average net levy
10531053 32 for calendar years 2022, 2023, 2024, 2025, and 2026
10541054 33 compared to the average net levy for 2022, 2023, 2024,
10551055 34 2025, and 2026 of all taxing units by type set to receive a
10561056 35 distribution under this subdivision.
10571057 36 Sec. 4. (a) Money distributed under section 3(1) and 3(3) of this
10581058 37 chapter must first be used by the respective taxing unit for the
10591059 38 payment of any outstanding bonds, leases, or other expenditures
10601060 39 for which any property tax revenues were pledged prior to the
10611061 40 abolishment of the imposition of property tax under this article.
10621062 41 (b) After a taxing unit makes any required payments described
10631063 42 in subsection (a), money distributed under section 3(1) and 3(3) of
10641064 2025 IN 1229—LS 7042/DI 125 25
10651065 1 this chapter may be used for any legal purposes of the taxing unit.
10661066 2 Sec. 5. If the amount distributed to a taxing unit or governing
10671067 3 body under section 3 of this chapter in a month is insufficient to
10681068 4 make a required payment on any outstanding bonds, leases, or
10691069 5 other expenditures for which any property tax revenues were
10701070 6 pledged prior to the abolishment of the imposition of property tax
10711071 7 under this article, the state comptroller shall supplement the taxing
10721072 8 unit's or governing body's distribution using money from the state
10731073 9 general fund in an amount that, when combined with the
10741074 10 distribution from the fund to the taxing unit or governing body,
10751075 11 does not exceed the amount needed to make the required payment.
10761076 12 Chapter 4. School Corporation Operating Referenda Funding
10771077 13 Sec. 1. This chapter applies only:
10781078 14 (1) to a school corporation that imposed:
10791079 15 (A) an operating referendum tax levy under IC 20-46-1; or
10801080 16 (B) a school safety referendum tax levy under IC 20-46-9;
10811081 17 that was approved by the voters of the school corporation
10821082 18 before May 10, 2025; and
10831083 19 (2) beginning in calendar year 2027, and in each calendar year
10841084 20 thereafter, until the expiration of the tax levy described in
10851085 21 subdivision (1) as set out when approved by the voters of the
10861086 22 school corporation.
10871087 23 Sec. 2. Each owner of a parcel located in a school corporation's
10881088 24 territory is liable for an annual fee to replace the loss of revenue
10891089 25 previously collected by the school corporation from the imposition
10901090 26 of an operating referendum tax levy or school safety referendum
10911091 27 tax levy prior to the abolishment of the imposition of property tax
10921092 28 under this article.
10931093 29 Sec. 3. (a) The county treasurer shall mail to the owner of each
10941094 30 parcel located in a school corporation's territory a statement in the
10951095 31 form required under subsection (b).
10961096 32 (b) The department of local government finance shall prescribe
10971097 33 a form, subject to the approval of the state board of accounts, for
10981098 34 the statement under subsection (a) that includes at least the
10991099 35 following:
11001100 36 (1) The total amount owed for the parcel for the year.
11011101 37 (2) Information designed to show the manner in which the fee
11021102 38 is to be used.
11031103 39 (c) The county treasurer shall mail or transmit the statement
11041104 40 one (1) time each year on or before April 15. The statement must
11051105 41 contain the dates on which the first and second installments are
11061106 42 due and denote the amount of money to be paid for each
11071107 2025 IN 1229—LS 7042/DI 125 26
11081108 1 installment.
11091109 2 (d) All payments under this chapter shall be made to the county
11101110 3 treasurer. The county treasurer, when authorized by the board of
11111111 4 county commissioners, may open temporary offices for the
11121112 5 collection of fees in cities and towns in the county other than the
11131113 6 county seat.
11141114 7 (e) The school corporation, county treasurer, and county
11151115 8 auditor shall cooperate to generate the information to be included
11161116 9 in the statement under subsection (b).
11171117 10 (f) The information to be included in the statement under
11181118 11 subsection (b) must be simply and clearly presented and
11191119 12 understandable to the average individual.
11201120 13 Sec. 4. An annual fee due under this chapter is due in two (2)
11211121 14 equal installments on May 10 and November 10 of the calendar
11221122 15 year in the total amount determined in STEP THREE of the
11231123 16 following formula:
11241124 17 STEP ONE: Determine the total amount received by the
11251125 18 school corporation from property tax revenue for the
11261126 19 operating referendum or school safety referendum in
11271127 20 calendar year 2026.
11281128 21 STEP TWO: Multiply the STEP ONE result by the net
11291129 22 assessed value for property taxes first due and payable in
11301130 23 2026 for each property.
11311131 24 STEP THREE: Divide the STEP TWO result by the net
11321132 25 assessed value for property taxes first due and payable in
11331133 26 2026 of all tangible property.
11341134 27 Chapter 5. Procedures for Fixing and Reviewing Budgets
11351135 28 Sec. 1. This chapter applies in calendar year 2026 and each
11361136 29 calendar year thereafter.
11371137 30 Sec. 2. Before June 15 of each year, the fiscal officer of each
11381138 31 political subdivision shall provide the department of local
11391139 32 government finance with an estimate of the total amount of the
11401140 33 political subdivision's debt service obligations (as defined in
11411141 34 IC 6-1.1-20.6-9.8) that will be due in the last six (6) months of the
11421142 35 current year and in the ensuing year.
11431143 36 Sec. 3. (a) When formulating an annual budget estimate, the
11441144 37 proper officers of a political subdivision shall prepare an estimate
11451145 38 of the amount of revenue which the political subdivision will
11461146 39 receive from the state for and during the budget year for which the
11471147 40 budget is being formulated. However, this section does not apply
11481148 41 to funds to be received from the state or the federal government
11491149 42 for:
11501150 2025 IN 1229—LS 7042/DI 125 27
11511151 1 (1) township assistance;
11521152 2 (2) unemployment relief;
11531153 3 (3) old age pensions; or
11541154 4 (4) other funds which may at any time be made available
11551155 5 under "The Economic Security Act" or under any other
11561156 6 federal act which provides for civil and public works projects.
11571157 7 (b) When formulating an annual budget estimate, the proper
11581158 8 officers of a political subdivision shall prepare an estimate of the
11591159 9 amount of revenue that the political subdivision will receive under
11601160 10 a development agreement (as defined in IC 36-1-8-9.5) for and
11611161 11 during the budget year for which the budget is being formulated.
11621162 12 Sec. 4. (a) The proper officers of a political subdivision shall
11631163 13 formulate its estimated budget and expected revenue on the form
11641164 14 prescribed by the department of local government finance and
11651165 15 approved by the state board of accounts. In formulating a political
11661166 16 subdivision's estimated budget under this section, the proper
11671167 17 officers of the political subdivision must consider the distributions
11681168 18 from the fund that will be collected by the political subdivision
11691169 19 during the ensuing year, after taking into account the estimate of
11701170 20 miscellaneous revenue that the political subdivision will receive in
11711171 21 the ensuing year, and after taking into account all payments for
11721172 22 debt service obligations that are to be made by the political
11731173 23 subdivision during the ensuing year. The political subdivision shall
11741174 24 submit the following information to the department's computer
11751175 25 gateway:
11761176 26 (1) The estimated budget, including estimated expenditures
11771177 27 and revenue from all sources.
11781178 28 (2) The time and place at which the political subdivision or
11791179 29 appropriate fiscal body will hold a public hearing on the items
11801180 30 described in subdivision (1).
11811181 31 (3) The time and place at which the political subdivision or
11821182 32 appropriate fiscal body will meet to fix the budget under
11831183 33 section 5 of this chapter.
11841184 34 (4) The date, time, and place of the final adoption of the
11851185 35 budget under section 5 of this chapter.
11861186 36 Except as provided in section 9(b) of this chapter, the political
11871187 37 subdivision or appropriate fiscal body shall submit this
11881188 38 information to the department's computer gateway at least ten (10)
11891189 39 days before the public hearing required by this subsection in the
11901190 40 manner prescribed by the department. If the date, time, or place of
11911191 41 the final adoption subsequently changes, the political subdivision
11921192 42 shall update the information submitted to the department's
11931193 2025 IN 1229—LS 7042/DI 125 28
11941194 1 computer gateway. The department shall make this information
11951195 2 available to taxpayers, at least ten (10) days before the public
11961196 3 hearing, through its computer gateway and provide a telephone
11971197 4 number through which taxpayers may request mailed copies of a
11981198 5 political subdivision's information under this subsection. The
11991199 6 department's computer gateway must allow a taxpayer to search
12001200 7 for the information under this subsection by the taxpayer's
12011201 8 address. The department shall review only the submission to the
12021202 9 department's computer gateway for compliance with this section.
12031203 10 (b) The board of directors of a solid waste management district
12041204 11 established under IC 13-21 or IC 13-9.5-2 (before its repeal) may
12051205 12 conduct the public hearing required under subsection (a):
12061206 13 (1) in any county of the solid waste management district; and
12071207 14 (2) in accordance with the annual notice of meetings published
12081208 15 under IC 13-21-5-2.
12091209 16 (c) If a political subdivision or appropriate fiscal body timely
12101210 17 submits the information under subsection (a) but subsequently
12111211 18 discovers the information contains an error, the political
12121212 19 subdivision or appropriate fiscal body may submit amended
12131213 20 information to the department's computer gateway. However,
12141214 21 submission of an amendment to information described in
12151215 22 subsection (a)(1) must occur at least ten (10) days before the public
12161216 23 hearing held under subsection (a), and submission of an
12171217 24 amendment to information described in subsection (a)(3) must
12181218 25 occur at least twenty-four (24) hours before the time in which the
12191219 26 meeting to fix the budget, tax rate, and levy was originally
12201220 27 advertised to commence.
12211221 28 Sec. 5. (a) Not later than November 1 each year, the officers of
12221222 29 political subdivisions shall meet each year to fix the budget of their
12231223 30 respective subdivisions for the ensuing budget year. Except in a
12241224 31 consolidated city and county and in a second class city, the public
12251225 32 hearing required by section 4 of this chapter must be completed at
12261226 33 least ten (10) days before the proper officers of the political
12271227 34 subdivision meet to fix the budget. In a consolidated city and
12281228 35 county and in a second class city, that public hearing, by any
12291229 36 committee or by the entire fiscal body, may be held at any time
12301230 37 after introduction of the budget.
12311231 38 (b) Ten (10) or more taxpayers may object to a budget of a
12321232 39 political subdivision fixed under subsection (a) by filing an
12331233 40 objection petition with the proper officers of the political
12341234 41 subdivision not more than seven (7) days after the hearing. The
12351235 42 objection petition must specifically identify the provisions of the
12361236 2025 IN 1229—LS 7042/DI 125 29
12371237 1 budget to which the taxpayers object.
12381238 2 (c) If a petition is filed under subsection (b), the fiscal body of
12391239 3 the political subdivision shall adopt with its budget a finding
12401240 4 concerning the objections in the petition and any testimony
12411241 5 presented at the adoption hearing.
12421242 6 (d) A political subdivision shall file the budget adopted by the
12431243 7 political subdivision with the department of local government
12441244 8 finance not later than five (5) business days after the budget is
12451245 9 adopted under subsection (a). The filing with the department of
12461246 10 local government finance must be in a manner prescribed by the
12471247 11 department.
12481248 12 (e) In a consolidated city and county and in a second class city,
12491249 13 the clerk of the fiscal body shall, notwithstanding subsection (d),
12501250 14 file the adopted budget and tax ordinances with the department of
12511251 15 local government finance within five (5) business days after the
12521252 16 ordinances are signed by the executive, or within five (5) business
12531253 17 days after action is taken by the fiscal body to override a veto of
12541254 18 the ordinances, whichever is later.
12551255 19 (f) If a fiscal body does not fix the budget of the political
12561256 20 subdivisions for the ensuing budget year as required under this
12571257 21 section, the most recent annual appropriations are continued for
12581258 22 the ensuing budget year.
12591259 23 (g) When fixing a budget under subsection (a), the political
12601260 24 subdivision shall indicate on its adopting document, in the manner
12611261 25 prescribed by the department, whether the political subdivision
12621262 26 intends to issue debt after December 1 of the year preceding the
12631263 27 budget year.
12641264 28 Sec. 6. If an ordinance to fix a city budget is:
12651265 29 (1) vetoed by the city executive under IC 36-4-6-16(a)(2); or
12661266 30 (2) considered vetoed under IC 36-4-6-16(b);
12671267 31 and the veto is effective on a date later than October 1, the city's
12681268 32 legislative body has thirty (30) days from the effective date of the
12691269 33 veto to override the veto in accordance with IC 36-4-6-16(c) to fix
12701270 34 the budget for the ensuing budget year.
12711271 35 Sec. 7. A school corporation shall specify in its proposed budget
12721272 36 the anticipated amount that will be transferred from the total
12731273 37 revenue deposited in the school corporation's education fund to its
12741274 38 operations fund during the next calendar year. At its public
12751275 39 hearing to adopt a budget under this chapter, the school
12761276 40 corporation shall acknowledge whether the school corporation's
12771277 41 anticipated transfer amount will be more than fifteen percent
12781278 42 (15%) of the total revenue deposited in the school corporation's
12791279 2025 IN 1229—LS 7042/DI 125 30
12801280 1 education fund to its operations fund during the next calendar
12811281 2 year.
12821282 3 Sec. 8. (a) Not later than March 2 of each year, the executive of
12831283 4 a political subdivision shall submit a statement to the department
12841284 5 of local government finance attesting that the political subdivision
12851285 6 uploaded any contract entered into during the immediately
12861286 7 preceding year related to the provision of fire services or
12871287 8 emergency medical services to the Indiana transparency website as
12881288 9 required by IC 5-14-3.8-3.5(d).
12891289 10 (b) The department of local government finance may not
12901290 11 approve the budget of a political subdivision or a supplemental
12911291 12 appropriation for a political subdivision until the political
12921292 13 subdivision files the attestation under subsection (a).
12931293 14 Sec. 9. (a) Each school corporation may elect to adopt a budget
12941294 15 under this section that applies from July 1 of the year through June
12951295 16 30 of the following year. In the initial budget adopted by a school
12961296 17 corporation under this section, the first six (6) months of that
12971297 18 initial budget must be consistent with the last six (6) months of the
12981298 19 budget adopted by the school corporation for the calendar year in
12991299 20 which the school corporation elects by resolution to begin adopting
13001300 21 budgets that correspond to the state fiscal year. A corporation shall
13011301 22 submit a copy of the resolution to the department of local
13021302 23 government finance and the department of education not more
13031303 24 than thirty (30) days after the date the governing body adopts the
13041304 25 resolution.
13051305 26 (b) Before April 1 of each year, the officers of the school
13061306 27 corporation shall meet to fix the budget for the school corporation
13071307 28 for the ensuing budget year, with notice given by the same officers.
13081308 29 The school corporation shall submit the information described in
13091309 30 section 3(a) of this chapter to the department's computer gateway
13101310 31 at least ten (10) days before the meeting required by this subsection
13111311 32 in the manner prescribed by the department. The department shall
13121312 33 make this information available to taxpayers at least ten (10) days
13131313 34 before the public hearing through its computer gateway, and
13141314 35 provide a telephone number through which taxpayers may request
13151315 36 mailed copies of a political subdivision's information under this
13161316 37 subsection. However, if a resolution adopted under subsection (d)
13171317 38 is in effect, the officers shall meet to fix the budget for the ensuing
13181318 39 budget year before November 1. A school corporation that adopts
13191319 40 a resolution under subsection (d) shall submit the information
13201320 41 described in section 3(a) of this chapter in the manner prescribed
13211321 42 by that section.
13221322 2025 IN 1229—LS 7042/DI 125 31
13231323 1 (c) A school corporation that adopts a budget as provided in this
13241324 2 section shall file the budget adopted by the school corporation with
13251325 3 the department of local government finance not later than five (5)
13261326 4 business days after the budget is adopted under subsection (b). The
13271327 5 filing with the department of local government finance must be in
13281328 6 a manner prescribed by the department.
13291329 7 (d) The governing body of the school corporation may adopt a
13301330 8 resolution to cease using a school year budget year and return to
13311331 9 using a calendar year budget year. A resolution adopted under this
13321332 10 subsection must be adopted after January 1 and before July 1. The
13331333 11 school corporation's initial calendar year budget year following the
13341334 12 adoption of a resolution under this subsection begins on January
13351335 13 1 of the year following the year the resolution is adopted. The first
13361336 14 six (6) months of the initial calendar year budget for the school
13371337 15 corporation must be consistent with the last six (6) months of the
13381338 16 final school year budget fixed by the department of local
13391339 17 government finance before the adoption of a resolution under this
13401340 18 subsection.
13411341 19 (e) A resolution adopted under subsection (d) may be rescinded
13421342 20 by a subsequent resolution adopted by the governing body. If the
13431343 21 governing body of the school corporation rescinds a resolution
13441344 22 adopted under subsection (d) and returns to a school year budget
13451345 23 year, the school corporation's initial school year budget year
13461346 24 begins on July 1 following the adoption of the rescinding resolution
13471347 25 and ends on June 30 of the following year. The first six (6) months
13481348 26 of the initial school year budget for the school corporation must be
13491349 27 consistent with the last six (6) months of the last calendar year
13501350 28 budget fixed by the department of local government finance before
13511351 29 the adoption of a rescinding resolution under this subsection.
13521352 30 Sec. 10. If the boundaries of a political subdivision cross one (1)
13531353 31 or more county lines, the budget, tax levy, and tax rate fixed by the
13541354 32 political subdivision shall be filed with the county auditor of each
13551355 33 affected county in the manner prescribed in section 5 or 9 of this
13561356 34 chapter.
13571357 35 SECTION 20. IC 6-2.5-1-1, AS AMENDED BY P.L.146-2020,
13581358 36 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
13591359 37 JULY 1, 2026]: Sec. 1. (a) Except as provided in subsection (b) or (c),
13601360 38 "unitary transaction" includes all items of personal property and
13611361 39 services which are furnished under a single order or agreement and for
13621362 40 which a total combined charge or price is calculated.
13631363 41 (b) "Unitary transaction" does not include a transaction that meets
13641364 42 one (1) of the exceptions exception in section 11.5(d) 11.5(c) of this
13651365 2025 IN 1229—LS 7042/DI 125 32
13661366 1 chapter.
13671367 2 (c) "Unitary transaction" as it applies to the furnishing of public
13681368 3 utility commodities or services means the public utility commodities
13691369 4 and services which are invoiced in a single bill or statement for
13701370 5 payment by the consumer.
13711371 6 SECTION 21. IC 6-2.5-1-5, AS AMENDED BY P.L.199-2021,
13721372 7 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
13731373 8 JULY 1, 2026]: Sec. 5. (a) Except as provided in subsection (b), "gross
13741374 9 retail income" means the total amount of consideration, including cash,
13751375 10 credit, property, and services, for which tangible personal property or
13761376 11 a service is sold, leased, or rented, valued in money, whether received
13771377 12 in money or otherwise, without any deduction for:
13781378 13 (1) the seller's cost of the property sold;
13791379 14 (2) the cost of materials used, labor or service cost, interest,
13801380 15 losses, all costs of transportation to the seller, all taxes imposed
13811381 16 on the seller, and any other expense of the seller;
13821382 17 (3) charges by the seller for any services necessary to complete
13831383 18 the sale; other than delivery and installation charges;
13841384 19 (4) delivery charges; or
13851385 20 (5) consideration received by the seller from a third party if:
13861386 21 (A) the seller actually receives consideration from a party
13871387 22 other than the purchaser and the consideration is directly
13881388 23 related to a price reduction or discount on the sale;
13891389 24 (B) the seller has an obligation to pass the price reduction or
13901390 25 discount through to the purchaser;
13911391 26 (C) the amount of the consideration attributable to the sale is
13921392 27 fixed and determinable by the seller at the time of the sale of
13931393 28 the item to the purchaser; and
13941394 29 (D) the price reduction or discount is identified as a third party
13951395 30 price reduction or discount on the invoice received by the
13961396 31 purchaser or on a coupon, certificate, or other documentation
13971397 32 presented by the purchaser.
13981398 33 For purposes of subdivision (4), delivery charges are charges by the
13991399 34 seller for preparation and delivery of the property to a location
14001400 35 designated by the purchaser of property, including but not limited to
14011401 36 transportation, shipping, postage charges that are not separately stated
14021402 37 on the invoice, bill of sale, or similar document, handling, crating, and
14031403 38 packing. Delivery charges do not include postage charges that are
14041404 39 separately stated on the invoice, bill of sale, or similar document.
14051405 40 (b) "Gross retail income" does not include that part of the gross
14061406 41 receipts attributable to:
14071407 42 (1) the value of any tangible personal property received in a like
14081408 2025 IN 1229—LS 7042/DI 125 33
14091409 1 kind exchange in the retail transaction, if the value of the property
14101410 2 given in exchange is separately stated on the invoice, bill of sale,
14111411 3 or similar document given to the purchaser;
14121412 4 (2) the receipts received in a retail transaction which constitute
14131413 5 interest or finance charges or insurance premiums on either a
14141414 6 promissory note or an installment sales contract;
14151415 7 (3) discounts, including cash, terms, or coupons that are not
14161416 8 reimbursed by a third party that are allowed by a seller and taken
14171417 9 by a purchaser on a sale;
14181418 10 (4) interest, financing, and carrying charges from credit extended
14191419 11 on the sale of personal property or services if the amount is
14201420 12 separately stated on the invoice, bill of sale, or similar document
14211421 13 given to the purchaser;
14221422 14 (5) any taxes legally imposed directly on the consumer that are
14231423 15 separately stated on the invoice, bill of sale, or similar document
14241424 16 given to the purchaser, including an excise tax imposed under
14251425 17 IC 6-6-15;
14261426 18 (6) installation charges that are separately stated on the invoice,
14271427 19 bill of sale, or similar document given to the purchaser;
14281428 20 (7) (6) telecommunications nonrecurring charges; or
14291429 21 (8) (7) postage charges that are separately stated on the invoice,
14301430 22 bill of sale, or similar document. or
14311431 23 (9) charges for serving or delivering food and food ingredients
14321432 24 furnished, prepared, or served for consumption at a location, or on
14331433 25 equipment, provided by the retail merchant, to the extent that the
14341434 26 charges for the serving or delivery are stated separately from the
14351435 27 price of the food and food ingredients when the purchaser pays
14361436 28 the charges.
14371437 29 (c) Notwithstanding subsection (b)(5):
14381438 30 (1) in the case of retail sales of special fuel (as defined in
14391439 31 IC 6-6-2.5-22), the gross retail income is the total sales price of
14401440 32 the special fuel minus the part of that price attributable to tax
14411441 33 imposed under IC 6-6-2.5 or Section 4041 or Section 4081 of the
14421442 34 Internal Revenue Code;
14431443 35 (2) in the case of retail sales of cigarettes (as defined in
14441444 36 IC 6-7-1-2), the gross retail income is the total sales price of the
14451445 37 cigarettes including the tax imposed under IC 6-7-1; and
14461446 38 (3) in the case of retail sales of consumable material (as defined
14471447 39 in IC 6-7-4-2), vapor products (as defined in IC 6-7-4-8), and
14481448 40 closed system cartridges (as defined in IC 6-7-2-0.5) under the
14491449 41 closed system cartridge tax, the gross retail income received from
14501450 42 selling at retail is the total sales price of the consumable material
14511451 2025 IN 1229—LS 7042/DI 125 34
14521452 1 (as defined in IC 6-7-4-2), vapor products (as defined in
14531453 2 IC 6-7-4-8), and closed system cartridges (as defined in
14541454 3 IC 6-7-2-0.5) including the tax imposed under IC 6-7-4 and
14551455 4 IC 6-7-2-7.5.
14561456 5 (d) Gross retail income is only taxable under this article to the
14571457 6 extent that the income represents
14581458 7 (1) the price of the property transferred without the rendition of
14591459 8 any or the services and
14601460 9 (2) except as provided in subsection (b), any bona fide charges
14611461 10 which are made for preparation, fabrication, alteration,
14621462 11 modification, finishing, completion, delivery, or other service
14631463 12 performed in respect to the property transferred before its transfer
14641464 13 and which are separately stated on the transferor's records. For
14651465 14 purposes of this subdivision, a transfer is considered to have
14661466 15 occurred after the delivery of the property to the purchaser.
14671467 16 performed by the seller, or both.
14681468 17 (e) A public utility's or a power subsidiary's gross retail income
14691469 18 includes all gross retail income received by the public utility or power
14701470 19 subsidiary, including any minimum charge, flat charge, membership
14711471 20 fee, or any other form of charge or billing.
14721472 21 SECTION 22. IC 6-2.5-1-11.5, AS AMENDED BY P.L.146-2020,
14731473 22 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
14741474 23 JULY 1, 2026]: Sec. 11.5. (a) This section applies to retail transactions
14751475 24 occurring after December 31, 2007.
14761476 25 (b) (a) "Bundled transaction" means a retail sale of two (2) or more
14771477 26 products or services, except real property and services to real property,
14781478 27 that are:
14791479 28 (1) distinct;
14801480 29 (2) identifiable; and
14811481 30 (3) sold for one (1) nonitemized price.
14821482 31 (c) (b) The term does not include a retail sale in which the sales
14831483 32 price of a product or a service varies, or is negotiable, based on other
14841484 33 products or services that the purchaser selects for inclusion in the
14851485 34 transaction.
14861486 35 (d) (c) The term does not include a retail sale that:
14871487 36 (1) is comprised of:
14881488 37 (A) a service that is the true object of the transaction; and
14891489 38 (B) tangible personal property that:
14901490 39 (i) is essential to the use of the service; and
14911491 40 (ii) is provided exclusively in connection with the service;
14921492 41 (2) (1) includes both taxable and nontaxable products or services
14931493 42 in which:
14941494 2025 IN 1229—LS 7042/DI 125 35
14951495 1 (A) the seller's purchase price; or
14961496 2 (B) the sales price;
14971497 3 of the taxable products or services does not exceed ten percent
14981498 4 (10%) of the total purchase price or the total sales price of the
14991499 5 bundled products; or
15001500 6 (3) (2) includes both exempt tangible personal property and
15011501 7 taxable tangible personal property:
15021502 8 (A) any of which is classified as:
15031503 9 (i) food and food ingredients;
15041504 10 (ii) drugs;
15051505 11 (iii) durable medical equipment;
15061506 12 (iv) mobility enhancing equipment;
15071507 13 (v) over-the-counter drugs;
15081508 14 (vi) prosthetic devices; or
15091509 15 (vii) medical supplies; and
15101510 16 (B) for which:
15111511 17 (i) the seller's purchase price; or
15121512 18 (ii) the sales price;
15131513 19 of the taxable tangible personal property is fifty percent (50%)
15141514 20 or less of the total purchase price or the total sales price of the
15151515 21 bundled tangible personal property.
15161516 22 The determination under clause (B) must be made on the basis of
15171517 23 either individual item purchase prices or individual item sale
15181518 24 prices.
15191519 25 (e) (d) A transaction that meets one (1) of the exceptions in
15201520 26 subsection (d) (c) shall be excluded from the definition of unitary
15211521 27 transaction under section 1(a) of this chapter.
15221522 28 SECTION 23. IC 6-2.5-1-22.1 IS ADDED TO THE INDIANA
15231523 29 CODE AS A NEW SECTION TO READ AS FOLLOWS
15241524 30 [EFFECTIVE JULY 1, 2026]: Sec. 22.1. As used in this article,
15251525 31 "NAICS code" refers to the code used to classify a particular
15261526 32 industry in the current edition of the North American Industry
15271527 33 Classification System Manual - United States, published by the
15281528 34 National Technical Information Service of the United States
15291529 35 Department of Commerce.
15301530 36 SECTION 24. IC 6-2.5-1-25.7 IS ADDED TO THE INDIANA
15311531 37 CODE AS A NEW SECTION TO READ AS FOLLOWS
15321532 38 [EFFECTIVE JULY 1, 2026]: Sec. 25.7. (a) "Service" means any
15331533 39 activity engaged in for another person for consideration.
15341534 40 (b) The term does not include either of the following:
15351535 41 (1) A service rendered by an employee for the employee's
15361536 42 employer.
15371537 2025 IN 1229—LS 7042/DI 125 36
15381538 1 (2) A lease or rental of residential real property for a period
15391539 2 of more than thirty (30) days.
15401540 3 SECTION 25. IC 6-2.5-2-1, AS AMENDED BY P.L.118-2024,
15411541 4 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
15421542 5 JULY 1, 2026]: Sec. 1. (a) An excise tax, known as the state gross
15431543 6 retail tax, is imposed on retail transactions made in Indiana.
15441544 7 (b) The person who acquires property or receives a service in a
15451545 8 retail transaction is liable for the tax on the transaction and, except as
15461546 9 otherwise provided in this chapter, shall pay the tax to the retail
15471547 10 merchant as a separate added amount to the consideration in the
15481548 11 transaction. A retail merchant that has either physical presence in
15491549 12 Indiana as described in subsection (c) or that meets the threshold in
15501550 13 subsection (d) shall collect the tax as agent for the state.
15511551 14 (c) A retail merchant has physical presence in Indiana when the
15521552 15 retail merchant:
15531553 16 (1) maintains an office, place of distribution, sales location,
15541554 17 sample location, warehouse, storage place, or other place of
15551555 18 business which is located in Indiana and which the retail
15561556 19 merchant maintains, occupies, or uses, either permanently or
15571557 20 temporarily, either directly or indirectly, and either by the retail
15581558 21 merchant or through a representative, agent, or subsidiary;
15591559 22 (2) maintains a representative, agent, salesperson, canvasser, or
15601560 23 solicitor who, while operating in Indiana under the authority of
15611561 24 and on behalf of the retail merchant or a subsidiary of the retail
15621562 25 merchant, sells, delivers, installs, repairs, assembles, sets up,
15631563 26 accepts returns of, bills, invoices, or takes orders for sales of
15641564 27 tangible personal property or services to be used, stored, or
15651565 28 consumed in Indiana; or
15661566 29 (3) is otherwise required to register as a retail merchant under
15671567 30 IC 6-2.5-8-1.
15681568 31 (d) A retail merchant that does not have a physical presence in
15691569 32 Indiana shall, as an agent for the state, collect the gross retail tax on a
15701570 33 retail transaction made in Indiana, remit the gross retail tax as provided
15711571 34 in this article, and comply with all applicable procedures and
15721572 35 requirements of this article as if the retail merchant has a physical
15731573 36 presence in Indiana, if the retail merchant's gross revenue from any
15741574 37 combination of:
15751575 38 (1) the sale of tangible personal property that is delivered into
15761576 39 Indiana;
15771577 40 (2) a product transferred electronically into Indiana; or
15781578 41 (3) a service delivered in Indiana;
15791579 42 exceeds one hundred thousand dollars ($100,000) for the calendar year
15801580 2025 IN 1229—LS 7042/DI 125 37
15811581 1 in which the retail transaction is made or for the calendar year
15821582 2 preceding the calendar year in which the retail transaction is made.
15831583 3 (e) A marketplace facilitator must include both transactions made
15841584 4 on its own behalf and transactions facilitated for sellers under
15851585 5 IC 6-2.5-4-18 for purposes of establishing the requirement to collect
15861586 6 gross retail tax without having a physical presence in Indiana for
15871587 7 purposes of subsection (d). In addition, except in instances where the
15881588 8 marketplace facilitator has not met the threshold in subsection (d), the
15891589 9 transactions of the seller made through the marketplace are not counted
15901590 10 toward the seller for purposes of determining whether the seller has
15911591 11 met the threshold in subsection (d).
15921592 12 SECTION 26. IC 6-2.5-3-1, AS AMENDED BY P.L.146-2020,
15931593 13 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
15941594 14 JULY 1, 2026]: Sec. 1. For purposes of this chapter:
15951595 15 (a) "Use" means either of the following:
15961596 16 (1) The exercise of any right or power of ownership over tangible
15971597 17 personal property.
15981598 18 (2) The employment of a service for its intended purpose.
15991599 19 (b) "Storage" means the keeping or retention of tangible personal
16001600 20 property in Indiana for any purpose except temporary storage.
16011601 21 (c) "Temporary storage" means the keeping or retention of tangible
16021602 22 personal property in Indiana for a period of not more than one hundred
16031603 23 eighty (180) days and only for the purpose of the subsequent use of that
16041604 24 property solely outside Indiana.
16051605 25 (d) Notwithstanding any other provision of this section, tangible or
16061606 26 intangible property that is:
16071607 27 (1) owned or leased by a person that has contracted with a
16081608 28 commercial printer for printing; and
16091609 29 (2) located at the premises of the commercial printer;
16101610 30 shall not be considered to be, or to create, an office, a place of
16111611 31 distribution, a sales location, a sample location, a warehouse, a storage
16121612 32 place, or other place of business maintained, occupied, or used in any
16131613 33 way by the person. A commercial printer with which a person has
16141614 34 contracted for printing shall not be considered to be in any way a
16151615 35 representative, an agent, a salesman, a canvasser, or a solicitor for the
16161616 36 person.
16171617 37 SECTION 27. IC 6-2.5-3-2, AS AMENDED BY P.L.181-2016,
16181618 38 SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
16191619 39 JULY 1, 2026]: Sec. 2. (a) An excise tax, known as the use tax, is
16201620 40 imposed on the storage, use, or consumption of tangible personal
16211621 41 property or the use of a service in Indiana if the property or service
16221622 42 was acquired in a retail transaction, regardless of the location of that
16231623 2025 IN 1229—LS 7042/DI 125 38
16241624 1 transaction or of the retail merchant making that transaction.
16251625 2 (b) The use tax is also imposed on the storage, use, or consumption
16261626 3 of a vehicle, an aircraft, or a watercraft, if the vehicle, aircraft, or
16271627 4 watercraft:
16281628 5 (1) is acquired in a transaction that is an isolated or occasional
16291629 6 sale; and
16301630 7 (2) is required to be titled, licensed, or registered by this state for
16311631 8 use in Indiana.
16321632 9 (c) The use tax is imposed on a contractor's conversion of
16331633 10 construction material into real property if that construction material
16341634 11 was purchased by the contractor. However, the use tax does not apply
16351635 12 to conversions of construction material described in this subsection, if:
16361636 13 (1) the state gross retail or use tax has been previously imposed
16371637 14 on the contractor's acquisition or use of that construction material;
16381638 15 (2) the person for whom the construction material is being
16391639 16 converted could have purchased the material exempt from the
16401640 17 state gross retail and use taxes, as evidenced by a properly issued
16411641 18 exemption certificate, if that person had directly purchased the
16421642 19 construction material from a retail merchant in a retail
16431643 20 transaction; or
16441644 21 (3) the conversion of the construction material into real property
16451645 22 is governed by a time and material contract as described in
16461646 23 IC 6-2.5-4-9(b).
16471647 24 (d) The use tax is imposed on a person who:
16481648 25 (1) manufactures, fabricates, or assembles tangible personal
16491649 26 property from materials either within or outside Indiana; and
16501650 27 (2) uses, stores, distributes, or consumes tangible personal
16511651 28 property in Indiana.
16521652 29 (e) Notwithstanding any other provision of this section, the use tax
16531653 30 is not imposed on the keeping, retaining, or exercising of any right or
16541654 31 power over tangible personal property, if:
16551655 32 (1) the property is delivered into Indiana by or for the purchaser
16561656 33 of the property;
16571657 34 (2) the property is delivered in Indiana for the sole purpose of
16581658 35 being processed, printed, fabricated, or manufactured into,
16591659 36 attached to, or incorporated into other tangible personal property;
16601660 37 and
16611661 38 (3) the property is subsequently transported out of state for use
16621662 39 solely outside Indiana.
16631663 40 (f) As used in subsection (g) and IC 6-2.5-5-42:
16641664 41 (1) "completion work" means the addition of tangible personal
16651665 42 property to or reconfiguration of the interior of an aircraft, if the
16661666 2025 IN 1229—LS 7042/DI 125 39
16671667 1 work requires the issuance of an airworthiness certificate from
16681668 2 the:
16691669 3 (A) Federal Aviation Administration; or
16701670 4 (B) equivalent foreign regulatory authority;
16711671 5 due to the change in the type certification basis of the aircraft
16721672 6 resulting from the addition to or reconfiguration of the interior of
16731673 7 the aircraft;
16741674 8 (2) "delivery" means the physical delivery of the aircraft
16751675 9 regardless of who holds title; and
16761676 10 (3) "prepurchase evaluation" means an examination of an aircraft
16771677 11 by a potential purchaser for the purpose of obtaining information
16781678 12 relevant to the potential purchase of the aircraft.
16791679 13 (g) Notwithstanding any other provision of this section, the use tax
16801680 14 is not imposed on the keeping, retaining, or exercising of any right or
16811681 15 power over an aircraft, if:
16821682 16 (1) the aircraft is or will be titled, registered, or based (as defined
16831683 17 in IC 6-6-6.5-1(m)) in another state or country;
16841684 18 (2) the aircraft is delivered to Indiana by or for a nonresident
16851685 19 owner or purchaser of the aircraft;
16861686 20 (3) the aircraft is delivered to Indiana for the sole purpose of
16871687 21 being repaired, refurbished, remanufactured, or subjected to
16881688 22 completion work or a prepurchase evaluation; and
16891689 23 (4) after completion of the repair, refurbishment, remanufacture,
16901690 24 completion work, or prepurchase evaluation, the aircraft is
16911691 25 transported to a destination outside Indiana.
16921692 26 (h) The amendments made to this section by P.L.153-2012 shall be
16931693 27 interpreted to specify and not to change the general assembly's intent
16941694 28 with respect to this section.
16951695 29 SECTION 28. IC 6-2.5-3-4, AS AMENDED BY P.L.137-2022,
16961696 30 SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
16971697 31 JULY 1, 2026]: Sec. 4. (a) The storage, use, and consumption of
16981698 32 tangible personal property or the use of a service in Indiana is exempt
16991699 33 from the use tax if:
17001700 34 (1) the property or service was acquired in a retail transaction and
17011701 35 the state gross retail tax has been paid on the acquisition of that
17021702 36 property or service; or
17031703 37 (2) the property or service was acquired in a transaction that is
17041704 38 wholly or partially exempt from the state gross retail tax under
17051705 39 any part of IC 6-2.5-5 and the property or service is being used,
17061706 40 stored, or consumed for the purpose for which it was exempted.
17071707 41 (b) If a person issues a state gross retail or use tax exemption
17081708 42 certificate for the acquisition of tangible personal property or a service
17091709 2025 IN 1229—LS 7042/DI 125 40
17101710 1 and subsequently uses, stores, or consumes that property or service for
17111711 2 a nonexempt purpose, then the person shall pay the use tax.
17121712 3 SECTION 29. IC 6-2.5-3-5 IS AMENDED TO READ AS
17131713 4 FOLLOWS [EFFECTIVE JULY 1, 2026]: Sec. 5. A person is entitled
17141714 5 to a credit against the use tax imposed on the use, storage, or
17151715 6 consumption of a particular item of tangible personal property or the
17161716 7 use of a service equal to the amount, if any, of sales tax, purchase tax,
17171717 8 or use tax paid to another state, territory, or possession of the United
17181718 9 States for the acquisition of that property or service.
17191719 10 SECTION 30. IC 6-2.5-3-6, AS AMENDED BY P.L.146-2020,
17201720 11 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
17211721 12 JULY 1, 2026]: Sec. 6. (a) For purposes of this section, "person"
17221722 13 includes an individual who is personally liable for use tax under
17231723 14 IC 6-2.5-9-3.
17241724 15 (b) The person who uses, stores, or consumes the tangible personal
17251725 16 property or uses the service acquired in a retail transaction is
17261726 17 personally liable for the use tax.
17271727 18 (c) The person liable for the use tax shall pay the use tax to the
17281728 19 department.
17291729 20 (d) Notwithstanding subsection (c), a person liable for the use tax
17301730 21 imposed in respect to a vehicle, watercraft, or aircraft under section
17311731 22 2(b) of this chapter shall pay the tax:
17321732 23 (1) to the titling agency when the person applies for a title for the
17331733 24 vehicle or the watercraft;
17341734 25 (2) to the registering agency when the person registers the
17351735 26 aircraft; or
17361736 27 (3) to the registering agency when the person registers the
17371737 28 watercraft because it is a United States Coast Guard documented
17381738 29 vessel;
17391739 30 unless the person presents proof to the agency that the use tax or state
17401740 31 gross retail tax has already been paid with respect to the purchase of
17411741 32 the vehicle, watercraft, or aircraft or proof that the taxes are
17421742 33 inapplicable because of an exemption under this article.
17431743 34 (e) At the time a person pays the use tax for the purchase of a
17441744 35 vehicle to a titling agency pursuant to subsection (d), the titling agency
17451745 36 shall compute the tax due based on the presumption that the sale price
17461746 37 was the average selling price for that vehicle, as determined under a
17471747 38 used vehicle buying guide to be chosen by the titling agency. However,
17481748 39 the titling agency shall compute the tax due based on the actual sale
17491749 40 price of the vehicle if the buyer, at the time the buyer pays the tax to the
17501750 41 titling agency, presents documentation to the titling agency sufficient
17511751 42 to rebut the presumption set forth in this subsection and to establish the
17521752 2025 IN 1229—LS 7042/DI 125 41
17531753 1 actual selling price of the vehicle.
17541754 2 SECTION 31. IC 6-2.5-3-7, AS AMENDED BY P.L.211-2007,
17551755 3 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
17561756 4 JULY 1, 2026]: Sec. 7. (a) A person who acquires tangible personal
17571757 5 property or a service, or both, from a retail merchant for delivery in
17581758 6 Indiana is presumed to have:
17591759 7 (1) acquired the property for storage, use, or consumption in
17601760 8 Indiana; and
17611761 9 (2) received the service in Indiana.
17621762 10 However, the person or the retail merchant can produce evidence to
17631763 11 rebut that presumption.
17641764 12 (b) A retail merchant is not required to produce evidence of
17651765 13 nontaxability under subsection (a) if the retail merchant receives from
17661766 14 the person who acquired the property or service an exemption
17671767 15 certificate which certifies, in the form prescribed by the department,
17681768 16 that the acquisition is exempt from the use tax.
17691769 17 (c) A retail merchant that sells tangible personal property or a
17701770 18 service to a person that purchases the tangible personal property or
17711771 19 service for use or consumption in providing public transportation under
17721772 20 IC 6-2.5-5-27 may verify the exemption by obtaining the person's:
17731773 21 (1) name;
17741774 22 (2) address; and
17751775 23 (3) motor carrier number, United States Department of
17761776 24 Transportation number, or any other identifying number
17771777 25 authorized by the department.
17781778 26 The person engaged in public transportation shall provide a signature
17791779 27 to affirm under penalties of perjury that the information provided to the
17801780 28 retail merchant is correct and that the tangible personal property or
17811781 29 service is being purchased for an exempt purpose.
17821782 30 SECTION 32. IC 6-2.5-3-8 IS AMENDED TO READ AS
17831783 31 FOLLOWS [EFFECTIVE JULY 1, 2026]: Sec. 8. (a) When a retail
17841784 32 merchant collects the use tax from a person, he the retail merchant
17851785 33 shall, upon request, issue a receipt to that person for the use tax
17861786 34 collected.
17871787 35 (b) If the department assesses the use tax against a person for the
17881788 36 person's storage, use, or consumption of tangible personal property or
17891789 37 use of a service in Indiana, and if the person has already paid the use
17901790 38 tax in relation to that property or service to a retail merchant who is
17911791 39 registered under IC 6-2.5-6, to the department, or, in the case of a
17921792 40 vehicle or aircraft, to the proper state agency, then the person may
17931793 41 avoid paying the use tax to the department if he the person can
17941794 42 produce a receipt or other written evidence showing that he the person
17951795 2025 IN 1229—LS 7042/DI 125 42
17961796 1 has so made the use tax payment.
17971797 2 SECTION 33. IC 6-2.5-4-1, AS AMENDED BY P.L.137-2022,
17981798 3 SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
17991799 4 JULY 1, 2026]: Sec. 1. (a) A person is a retail merchant making a retail
18001800 5 transaction when the person engages in selling at retail.
18011801 6 (b) A person is engaged in selling at retail when, in the ordinary
18021802 7 course of the person's regularly conducted trade or business, the person
18031803 8 does either of the following:
18041804 9 (1) The person:
18051805 10 (A) acquires tangible personal property for the purpose of
18061806 11 resale; and
18071807 12 (2) (B) transfers that property to another person for
18081808 13 consideration.
18091809 14 (2) The person performs a service for consideration.
18101810 15 (c) For purposes of determining what constitutes selling at retail, it
18111811 16 does not matter whether:
18121812 17 (1) the property is transferred or the service is performed in the
18131813 18 same form as when it was acquired;
18141814 19 (2) the property is transferred or the service is performed alone
18151815 20 or in conjunction with other property or services; or
18161816 21 (3) the property is transferred or the service is performed
18171817 22 conditionally or otherwise.
18181818 23 (d) Notwithstanding any provision of this article, a person is not
18191819 24 making a retail transaction when the person:
18201820 25 (1) acquires tangible personal property owned by another person;
18211821 26 (2) provides industrial processing or servicing, including
18221822 27 enameling or plating, on the property; and
18231823 28 (3) (2) transfers the property back to the owner to be sold by that
18241824 29 owner either in the same form or as a part of other tangible
18251825 30 personal property produced by that owner in the owner's business
18261826 31 of manufacturing, assembling, constructing, refining, or
18271827 32 processing.
18281828 33 SECTION 34. IC 6-2.5-4-3 IS AMENDED TO READ AS
18291829 34 FOLLOWS [EFFECTIVE JULY 1, 2026]: Sec. 3. (a) A person is a
18301830 35 retail merchant making a retail transaction when he the person
18311831 36 regularly and occupationally engages in the business of softening and
18321832 37 conditioning water.
18331833 38 (b) For purposes of this section, the business of softening and
18341834 39 conditioning water includes the exchange of water softening and
18351835 40 conditioning tanks in the ordinary course of the business, but does not
18361836 41 include the preparatory plumbing and work necessary for the first
18371837 42 installation of tanks.
18381838 2025 IN 1229—LS 7042/DI 125 43
18391839 1 SECTION 35. IC 6-2.5-4-9, AS AMENDED BY P.L.181-2016,
18401840 2 SECTION 21, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
18411841 3 JULY 1, 2026]: Sec. 9. (a) A person is a retail merchant making a retail
18421842 4 transaction:
18431843 5 (1) when the person sells tangible personal property which: or
18441844 6 services;
18451845 7 (1) (2) when the tangible personal property is to be added to a
18461846 8 structure or facility or the service is used to add tangible
18471847 9 personal property to a structure or facility by the purchaser;
18481848 10 and
18491849 11 (2) (3) after its the addition to the structure or facility, the
18501850 12 tangible personal property would become a part of the real
18511851 13 estate on which the structure or facility is located.
18521852 14 (b) A contractor is a retail merchant making a retail transaction
18531853 15 when the contractor:
18541854 16 (1) disposes of tangible personal property; or
18551855 17 (2) converts tangible personal property into real property;
18561856 18 under a time and material contract. As such a retail merchant, a
18571857 19 contractor described in this subsection shall collect, as an agent of the
18581858 20 state, the state gross retail tax on the resale of the construction material
18591859 21 and remit the state gross retail tax as provided in this article.
18601860 22 (c) Notwithstanding subsections (a) and (b), a transaction described
18611861 23 in subsection (a) or (b) is not a retail transaction, if the ultimate
18621862 24 purchaser or recipient of the property to be added to a structure or
18631863 25 facility would be exempt from the state gross retail and use taxes if that
18641864 26 purchaser or recipient had directly purchased the property from the
18651865 27 supplier for addition to the structure or facility.
18661866 28 SECTION 36. IC 6-2.5-4-10, AS AMENDED BY P.L.108-2019,
18671867 29 SECTION 111, IS AMENDED TO READ AS FOLLOWS
18681868 30 [EFFECTIVE JULY 1, 2026]: Sec. 10. (a) A person, other than a public
18691869 31 utility, is a retail merchant making a retail transaction when the person
18701870 32 rents or leases tangible personal property to another person. other than
18711871 33 for subrent or sublease.
18721872 34 (b) A person is a retail merchant making a retail transaction when
18731873 35 the person sells any tangible personal property which has been rented
18741874 36 or leased in the regular course of the person's rental or leasing business.
18751875 37 (c) Notwithstanding subsection (a), a person is not a retail merchant
18761876 38 making a retail transaction when the person rents or leases motion
18771877 39 picture film, audio tape, or video tape to another person. However, this
18781878 40 exclusion only applies if:
18791879 41 (1) the person who pays to rent or lease the film charges
18801880 42 admission to those who view the film; or
18811881 2025 IN 1229—LS 7042/DI 125 44
18821882 1 (2) the person who pays to rent or lease the film or tape
18831883 2 broadcasts the film or tape for home viewing or listening.
18841884 3 (d) (c) The sharing of passenger motor vehicles and trucks through
18851885 4 a peer to peer vehicle sharing program (as defined in IC 24-4-9.2-4) is
18861886 5 a retail transaction.
18871887 6 SECTION 37. IC 6-2.5-4-11, AS AMENDED BY P.L.2-2005,
18881888 7 SECTION 20, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
18891889 8 JULY 1, 2026]: Sec. 11. (a) A person is a retail merchant making a
18901890 9 retail transaction when the person furnishes cable television or radio
18911891 10 service or satellite television or radio service that terminates in Indiana.
18921892 11 (b) Notwithstanding subsection (a), A person is not a retail merchant
18931893 12 making a retail transaction when the person provides, installs,
18941894 13 constructs, services, or removes tangible personal property which is
18951895 14 used in connection with the furnishing of cable television or radio
18961896 15 service or satellite television or radio service.
18971897 16 SECTION 38. IC 6-2.5-4-14, AS AMENDED BY P.L.211-2007,
18981898 17 SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
18991899 18 JULY 1, 2026]: Sec. 14. The department of administration and each
19001900 19 purchasing agent for a state educational institution shall provide the
19011901 20 department with a list of every person who desires to enter into a
19021902 21 contract to sell tangible personal property or services to an agency (as
19031903 22 defined in IC 4-13-2-1) or a state educational institution. The
19041904 23 department shall notify the department of administration or the
19051905 24 purchasing agent of the state educational institution if a person on the
19061906 25 list does not have a registered retail merchant certificate or is
19071907 26 delinquent in remitting or paying amounts due to the department under
19081908 27 this article.
19091909 28 SECTION 39. IC 6-2.5-4-15, AS ADDED BY P.L.153-2006,
19101910 29 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
19111911 30 JULY 1, 2026]: Sec. 15. (a) This section applies to retail transactions
19121912 31 occurring after December 31, 2007.
19131913 32 (b) A person is a retail merchant making a retail transaction when
19141914 33 the person sells tangible personal property or services as part of a
19151915 34 bundled transaction.
19161916 35 SECTION 40. IC 6-2.5-5-21, AS AMENDED BY P.L.118-2024,
19171917 36 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
19181918 37 JULY 1, 2026]: Sec. 21. (a) Sales of food and food ingredients, and
19191919 38 delivery of food and food ingredients, are exempt from the state gross
19201920 39 retail tax if:
19211921 40 (1) the seller meets the filing requirements under subsection (c)
19221922 41 and is an organization described in section 25(a)(1) of this
19231923 42 chapter;
19241924 2025 IN 1229—LS 7042/DI 125 45
19251925 1 (2) the purchaser is a person confined to the purchaser's home
19261926 2 because of age, sickness, or infirmity;
19271927 3 (3) the seller delivers the food and food ingredients to the
19281928 4 purchaser; and
19291929 5 (4) the delivery is prescribed as medically necessary by a
19301930 6 physician licensed to practice medicine in Indiana.
19311931 7 (b) Sales of food and food ingredients, and delivery of food and
19321932 8 food ingredients, are exempt from the state gross retail tax if the seller
19331933 9 is an organization described in section 25(a)(1) of this chapter, and the
19341934 10 purchaser is a patient in a hospital operated by the seller.
19351935 11 (c) To obtain the exemption provided by this section, a taxpayer
19361936 12 must follow the procedures set forth in section 25(c) of this chapter.
19371937 13 SECTION 41. IC 6-2.5-5-26, AS AMENDED BY P.L.193-2023,
19381938 14 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
19391939 15 JULY 1, 2026]: Sec. 26. (a) Sales of tangible personal property or the
19401940 16 rendering of services by an organization are exempt from the state
19411941 17 gross retail tax if either of the following apply:
19421942 18 (1) The organization:
19431943 19 (A) is described in section 25(a)(1)(A) through 25(a)(1)(C) of
19441944 20 this chapter, section 25(a)(1)(D)(i) through 25(a)(1)(D)(iii) of
19451945 21 this chapter, or section 25(a)(1)(D)(ix) of this chapter;
19461946 22 (B) makes the sale to make money to carry on a not-for-profit
19471947 23 purpose; and
19481948 24 (C) did not make more than one hundred thousand dollars
19491949 25 ($100,000) in sales in the current calendar year or the previous
19501950 26 calendar year.
19511951 27 (2) The organization:
19521952 28 (A) is described in section 25(a)(1)(D)(iv) through
19531953 29 25(a)(1)(D)(viii) of this chapter; or
19541954 30 (B) is a youth organization focused on agriculture.
19551955 31 Once sales of an organization that meets the qualifications under
19561956 32 subdivision (1), but does not meet the qualifications under subdivision
19571957 33 (2), exceed the amount described in subdivision (1), the organization
19581958 34 is required to collect state gross retail tax on sales on an ongoing basis
19591959 35 for the remainder of the calendar year and each calendar year thereafter
19601960 36 until the organization makes less than one hundred thousand dollars
19611961 37 ($100,000) in sales for two (2) consecutive years.
19621962 38 (b) For purposes of subsection (a), the sales of an organization
19631963 39 include sales made by all units operating under the organization's
19641964 40 registration pursuant to section 25(c) of this chapter.
19651965 41 (c) If the qualifications of subsection (a) are not met, sales of
19661966 42 tangible personal property or services by an organization described in
19671967 2025 IN 1229—LS 7042/DI 125 46
19681968 1 section 25(a)(1) of this chapter are exempt from the state gross retail
19691969 2 tax, if:
19701970 3 (1) the organization is not operated predominantly for social
19711971 4 purposes;
19721972 5 (2) the property or service sold is designed and intended
19731973 6 primarily either for the organization's educational, cultural, or
19741974 7 religious purposes, or for improvement of the work skills or
19751975 8 professional qualifications of the organization's members; and
19761976 9 (3) the property or service sold is not designed or intended
19771977 10 primarily for use in carrying on a private or proprietary business.
19781978 11 (d) Sales of tangible personal property by a public library, or a
19791979 12 charitable organization described in section 25(a)(1) of this chapter
19801980 13 formed to support a public library, are exempt from the state gross
19811981 14 retail tax if the property sold consists of:
19821982 15 (1) items in the library's circulated and publicly available
19831983 16 collections, including items from the library's holdings; or
19841984 17 (2) items that would typically be included in the library's
19851985 18 circulated and publicly available collections and that are donated
19861986 19 by individuals or organizations to a public library or to a
19871987 20 charitable organization described in section 25(a)(1) of this
19881988 21 chapter formed to support a public library.
19891989 22 The exemption provided by this subsection does not apply to any other
19901990 23 sales of tangible personal property by a public library.
19911991 24 (e) The exemption provided by this section does not apply to an
19921992 25 accredited college or university's sales of books, stationery,
19931993 26 haberdashery, supplies, or other property or noneducational services.
19941994 27 (f) To obtain the exemption provided by this section, a taxpayer
19951995 28 must follow the procedures set forth in section 25(c) of this chapter.
19961996 29 SECTION 42. IC 6-2.5-5-33 IS AMENDED TO READ AS
19971997 30 FOLLOWS [EFFECTIVE JULY 1, 2026]: Sec. 33. Sales of tangible
19981998 31 personal property or services purchased with food stamps are exempt
19991999 32 from the state gross retail tax.
20002000 33 SECTION 43. IC 6-2.5-5-58 IS ADDED TO THE INDIANA CODE
20012001 34 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
20022002 35 1, 2026]: Sec. 58. Transactions involving the provision of an
20032003 36 educational service classified under NAICS code 61 are exempt
20042004 37 from the state gross retail tax.
20052005 38 SECTION 44. IC 6-2.5-5-59 IS ADDED TO THE INDIANA CODE
20062006 39 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
20072007 40 1, 2026]: Sec. 59. Transactions involving the provision of a health
20082008 41 care and social assistance service classified under NAICS code 62
20092009 42 are exempt from the state gross retail tax.
20102010 2025 IN 1229—LS 7042/DI 125 47
20112011 1 SECTION 45. IC 6-2.5-5-60 IS ADDED TO THE INDIANA CODE
20122012 2 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
20132013 3 1, 2026]: Sec. 60. Transactions involving the leasing or rental of
20142014 4 real property for at least thirty (30) consecutive days are exempt
20152015 5 from the state gross retail tax.
20162016 6 SECTION 46. IC 6-2.5-5-61 IS ADDED TO THE INDIANA CODE
20172017 7 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
20182018 8 1, 2026]: Sec. 61. Transactions involving labor furnished to a
20192019 9 person by the person's employee are exempt from the state gross
20202020 10 retail tax.
20212021 11 SECTION 47. IC 6-2.5-6-9, AS AMENDED BY P.L.109-2015,
20222022 12 SECTION 23, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
20232023 13 JULY 1, 2026]: Sec. 9. (a) In determining the amount of state gross
20242024 14 retail and use taxes which a retail merchant must remit under section
20252025 15 7 of this chapter, the retail merchant shall, subject to subsections (c)
20262026 16 and (d), deduct from the retail merchant's gross retail income from
20272027 17 retail transactions made during a particular reporting period, an amount
20282028 18 equal to the retail merchant's receivables which:
20292029 19 (1) resulted from retail transactions in which the retail merchant
20302030 20 did not collect the state gross retail or use tax from the purchaser;
20312031 21 (2) resulted from retail transactions on which the retail merchant
20322032 22 has previously paid the state gross retail or use tax liability to the
20332033 23 department; and
20342034 24 (3) were written off as an uncollectible debt for federal tax
20352035 25 purposes under Section 166 of the Internal Revenue Code during
20362036 26 the particular reporting period.
20372037 27 (b) If a retail merchant deducts a receivable under subsection (a)
20382038 28 and subsequently collects all or part of that receivable, then the retail
20392039 29 merchant shall, subject to subsection (d)(6), include the amount
20402040 30 collected as part of the retail merchant's gross retail income from retail
20412041 31 transactions for the particular reporting period in which the retail
20422042 32 merchant makes the collection.
20432043 33 (c) This subsection applies only to retail transactions occurring after
20442044 34 December 31, 2006. As used in this subsection, "affiliated group"
20452045 35 means any combination of the following:
20462046 36 (1) An affiliated group within the meaning provided in Section
20472047 37 1504 of the Internal Revenue Code (except that the ownership
20482048 38 percentage in Section 1504(a)(2) of the Internal Revenue Code
20492049 39 shall be determined using fifty percent (50%) instead of eighty
20502050 40 percent (80%)) or a relationship described in Section 267(b)(11)
20512051 41 of the Internal Revenue Code.
20522052 42 (2) Two (2) or more partnerships (as defined in IC 6-3-1-19),
20532053 2025 IN 1229—LS 7042/DI 125 48
20542054 1 including limited liability companies and limited liability
20552055 2 partnerships, that have the same degree of mutual ownership as
20562056 3 an affiliated group described in subdivision (1), as determined
20572057 4 under the rules adopted by the department.
20582058 5 The right to a deduction under this section is not assignable to an
20592059 6 individual or entity that is not part of the same affiliated group as the
20602060 7 assignor.
20612061 8 (d) The following provisions apply to a deduction for a receivable
20622062 9 treated as uncollectible debt under subsection (a):
20632063 10 (1) The deduction does not include interest.
20642064 11 (2) The amount of the deduction shall be determined in the
20652065 12 manner provided by Section 166 of the Internal Revenue Code for
20662066 13 bad debts but shall be adjusted to exclude:
20672067 14 (A) financing charges or interest;
20682068 15 (B) sales or use taxes charged on the purchase price;
20692069 16 (C) uncollectible amounts on property that remain in the
20702070 17 possession of the seller or a service that is not delivered until
20712071 18 the full purchase price is paid;
20722072 19 (D) expenses incurred in attempting to collect any debt; and
20732073 20 (E) repossessed property.
20742074 21 (3) The deduction shall be claimed on the return for the period
20752075 22 during which the receivable is written off as uncollectible in the
20762076 23 claimant's books and records and is eligible to be deducted for
20772077 24 federal income tax purposes. For purposes of this subdivision, a
20782078 25 claimant who is not required to file federal income tax returns
20792079 26 may deduct an uncollectible receivable on a return filed for the
20802080 27 period in which the receivable is written off as uncollectible in the
20812081 28 claimant's books and records and would be eligible for a bad debt
20822082 29 deduction for federal income tax purposes if the claimant were
20832083 30 required to file a federal income tax return.
20842084 31 (4) If the amount of uncollectible receivables claimed as a
20852085 32 deduction by a retail merchant for a particular reporting period
20862086 33 exceeds the amount of the retail merchant's taxable sales for that
20872087 34 reporting period, the retail merchant may file a refund claim
20882088 35 under IC 6-8.1-9. However, the deadline for the refund claim shall
20892089 36 be measured from the due date of the return for the reporting
20902090 37 period on which the deduction for the uncollectible receivables
20912091 38 could first be claimed.
20922092 39 (5) If a retail merchant's filing responsibilities have been assumed
20932093 40 by a certified service provider (as defined in IC 6-2.5-11-2), the
20942094 41 certified service provider may claim, on behalf of the retail
20952095 42 merchant, any deduction or refund for uncollectible receivables
20962096 2025 IN 1229—LS 7042/DI 125 49
20972097 1 provided by this section. The certified service provider must
20982098 2 credit or refund the full amount of any deduction or refund
20992099 3 received to the retail merchant.
21002100 4 (6) For purposes of reporting a payment received on a previously
21012101 5 claimed uncollectible receivable, any payments made on a debt or
21022102 6 account shall be applied first proportionally to the taxable price
21032103 7 of the property or service and the state gross retail tax or use tax
21042104 8 thereon, and secondly to interest, service charges, and any other
21052105 9 charges.
21062106 10 (7) A retail merchant claiming a deduction for an uncollectible
21072107 11 receivable may allocate that receivable among the states that are
21082108 12 members of the streamlined sales and use tax agreement if the
21092109 13 books and records of the retail merchant support that allocation.
21102110 14 SECTION 48. IC 6-2.5-8-4 IS AMENDED TO READ AS
21112111 15 FOLLOWS [EFFECTIVE JULY 1, 2026]: Sec. 4. (a) An organization
21122112 16 exempt from the state gross retail tax under IC 6-2.5-5-21,
21132113 17 IC 6-2.5-5-25, or IC 6-2.5-5-26 may register with the department as a
21142114 18 purchaser of property or services in exempt transactions. An exempt
21152115 19 organization wishing to register must file an application listing its
21162116 20 principal location, but the organization is not required to pay the fee.
21172117 21 (b) Upon receiving the application, the department may issue an
21182118 22 exempt organization certificate containing a serial number and the
21192119 23 principal location of the exempt organization.
21202120 24 SECTION 49. IC 6-2.5-10-1, AS AMENDED BY P.L.201-2023,
21212121 25 SECTION 93, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
21222122 26 JULY 1, 2026]: Sec. 1. (a) The department shall account for all state
21232123 27 gross retail and use taxes that it collects.
21242124 28 (b) Of all the state gross retail and use taxes that the department
21252125 29 collects, the department shall determine separately the parts that:
21262126 30 (1) the department collects under IC 6-2.5-3.5 (gasoline use tax);
21272127 31 (2) the department collects under this article that are
21282128 32 attributable to a retail transaction for a service; and
21292129 33 (2) (3) the department collects under this article, less the amount
21302130 34 amounts described in subdivision (1). subdivisions (1) and (2).
21312131 35 (c) The department shall deposit the collections described in
21322132 36 subsection (b)(1) in the following manner:
21332133 37 (1) For state fiscal year 2017, the following:
21342134 38 (A) Fourteen and two hundred eighty-six thousandths percent
21352135 39 (14.286%) of the collections shall be deposited in the motor
21362136 40 vehicle highway account established under IC 8-14-1.
21372137 41 (B) Eighty-five and seven hundred fourteen thousandths
21382138 42 percent (85.714%) to the state general fund.
21392139 2025 IN 1229—LS 7042/DI 125 50
21402140 1 (2) For state fiscal year 2018, the following:
21412141 2 (A) Fourteen and two hundred eighty-six thousandths percent
21422142 3 (14.286%) of the collections shall be deposited in the motor
21432143 4 vehicle highway account established under IC 8-14-1.
21442144 5 (B) Fourteen and two hundred eighty-six thousandths percent
21452145 6 (14.286%) of the collections shall be deposited in the local
21462146 7 road and bridge matching grant fund established under
21472147 8 IC 8-23-30.
21482148 9 (C) Seventy-one and four hundred twenty-eight thousandths
21492149 10 percent (71.428%) to the state general fund.
21502150 11 (3) For state fiscal year 2019, the following:
21512151 12 (A) Fourteen and two hundred eighty-six thousandths percent
21522152 13 (14.286%) of the collections shall be deposited in the motor
21532153 14 vehicle highway account established under IC 8-14-1.
21542154 15 (B) Twenty-one and four hundred twenty-nine thousandths
21552155 16 percent (21.429%) of the collections shall be deposited in the
21562156 17 local road and bridge matching grant fund established under
21572157 18 IC 8-23-30.
21582158 19 (C) Sixty-four and two hundred eighty-five thousandths
21592159 20 percent (64.285%) shall be deposited in the state general fund.
21602160 21 (4) For state fiscal year 2020 and for each state fiscal year
21612161 22 thereafter, the following:
21622162 23 (A) Fourteen and two hundred eighty-six thousandths percent
21632163 24 (14.286%) of the collections shall be deposited in the motor
21642164 25 vehicle highway account established under IC 8-14-1.
21652165 26 (B) Twenty-one and four hundred twenty-nine thousandths
21662166 27 percent (21.429%) of the collections shall be deposited in the
21672167 28 local road and bridge matching grant fund established under
21682168 29 IC 8-23-30.
21692169 30 (C) The following shall be deposited in the state general fund:
21702170 31 (i) For state fiscal year 2020, fifty-three and five hundred
21712171 32 seventy-five thousandths percent (53.575%) shall be
21722172 33 deposited in the state general fund.
21732173 34 (ii) For state fiscal year 2021, forty-two and eight hundred
21742174 35 sixty-five thousandths percent (42.865%) shall be deposited
21752175 36 in the state general fund.
21762176 37 (iii) For state fiscal year 2022, thirty-two and one hundred
21772177 38 fifty-five thousandths percent (32.155%) shall be deposited
21782178 39 in the state general fund.
21792179 40 (iv) For state fiscal year 2023, twenty-one and four hundred
21802180 41 forty-five thousandths percent (21.445%) shall be deposited
21812181 42 in the state general fund.
21822182 2025 IN 1229—LS 7042/DI 125 51
21832183 1 (D) The following shall be deposited in the special
21842184 2 transportation flexibility fund established by IC 4-12-16.5-2:
21852185 3 (i) For state fiscal year 2020, eight and five hundred
21862186 4 sixty-eight thousands percent (8.568%) of the collections
21872187 5 shall be deposited in the special transportation flexibility
21882188 6 fund established by IC 4-12-16.5-2.
21892189 7 (ii) For state fiscal year 2021, twelve and eight hundred
21902190 8 fifty-two thousandths percent (12.852%) of the collections
21912191 9 shall be deposited in the special transportation flexibility
21922192 10 fund established by IC 4-12-16.5-2.
21932193 11 (iii) For state fiscal year 2022, twelve and eight hundred
21942194 12 fifty-two thousandths percent (12.852%) of the collections
21952195 13 shall be deposited in the special transportation flexibility
21962196 14 fund established by IC 4-12-16.5-2.
21972197 15 (iv) For state fiscal year 2023, eight and five hundred
21982198 16 sixty-eight thousands percent (8.568%) of the collections
21992199 17 shall be deposited in the special transportation flexibility
22002200 18 fund established by IC 4-12-16.5-2.
22012201 19 (E) The following shall be deposited in the state highway fund:
22022202 20 (i) For state fiscal year 2020, two and one hundred forty-two
22032203 21 thousandths percent (2.142%) of the collections shall be
22042204 22 deposited in the state highway fund.
22052205 23 (ii) For state fiscal year 2021, eight and five hundred
22062206 24 sixty-eight thousandths percent (8.568%) of the collections
22072207 25 shall be deposited in the state highway fund.
22082208 26 (iii) For state fiscal year 2022, nineteen and two hundred
22092209 27 seventy-eight thousandths percent (19.278%) of the
22102210 28 collections shall be deposited in the state highway fund.
22112211 29 (iv) For state fiscal year 2023, thirty-four and two hundred
22122212 30 seventy-two thousandths percent (34.272%) of the
22132213 31 collections shall be deposited in the state highway fund.
22142214 32 (v) For state fiscal year 2024 and for each state fiscal year
22152215 33 thereafter, sixty-four and two hundred eighty-five
22162216 34 thousandths percent (64.285%) of the collections shall be
22172217 35 deposited in the state highway fund.
22182218 36 (d) The department shall deposit those collections described in
22192219 37 subsection (b)(2) (b)(3) in the following manner:
22202220 38 (1) Ninety-nine and eight hundred thirty-eight thousandths
22212221 39 percent (99.838%) of the collections shall be paid into the state
22222222 40 general fund.
22232223 41 (2) Thirty-one thousandths of one percent (0.031%) of the
22242224 42 collections shall be deposited into the industrial rail service fund
22252225 2025 IN 1229—LS 7042/DI 125 52
22262226 1 established under IC 8-3-1.7-2.
22272227 2 (3) One hundred thirty-one thousandths of one percent (0.131%)
22282228 3 of the collections shall be deposited into the commuter rail service
22292229 4 fund established under IC 8-3-1.5-20.5.
22302230 5 (e) The department shall deposit the collections described in
22312231 6 subsection (b)(2) into the local revenue sharing fund established by
22322232 7 IC 6-1.2-3-2.
22332233 8 SECTION 50. IC 6-3.6-5-1, AS ADDED BY P.L.243-2015,
22342234 9 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
22352235 10 JULY 1, 2025]: Sec. 1. (a) Except as provided in subsection (b), an
22362236 11 adopting body may impose a tax under section 6 of this chapter on the
22372237 12 adjusted gross income of local taxpayers in the county served by the
22382238 13 adopting body.
22392239 14 (b) Notwithstanding any other law, the portion of revenue
22402240 15 received from any tax imposed on the adjusted gross income of
22412241 16 local taxpayers for purposes of property tax relief under this
22422242 17 chapter, IC 6-3.6-7, or any other law, may not be distributed for
22432243 18 purposes of property tax relief under this chapter or any other law
22442244 19 after December 31, 2027.
22452245 20 SECTION 51. IC 8-22-3.5-0.5 IS ADDED TO THE INDIANA
22462246 21 CODE AS A NEW SECTION TO READ AS FOLLOWS
22472247 22 [EFFECTIVE UPON PASSAGE]: Sec. 0.5. Notwithstanding any
22482248 23 other law:
22492249 24 (1) no airport development zone or allocation area may be
22502250 25 established, amended, or renewed; and
22512251 26 (2) no bonds, leases, or other obligations may be issued,
22522252 27 entered into, or extended for an airport development zone or
22532253 28 allocation area;
22542254 29 under this chapter after May 9, 2025.
22552255 30 SECTION 52. IC 20-46-1-0.5 IS ADDED TO THE INDIANA
22562256 31 CODE AS A NEW SECTION TO READ AS FOLLOWS
22572257 32 [EFFECTIVE UPON PASSAGE]: Sec. 0.5. (a) Notwithstanding any
22582258 33 other law, after May 9, 2025, the governing body of a school
22592259 34 corporation may not adopt a resolution to impose an operating
22602260 35 referendum levy under section 8 or 8.5 of this chapter.
22612261 36 (b) Notwithstanding any other law, after December 31, 2026, an
22622262 37 operating referendum tax levy may not be imposed under this
22632263 38 chapter.
22642264 39 SECTION 53. IC 20-46-7-0.5 IS ADDED TO THE INDIANA
22652265 40 CODE AS A NEW SECTION TO READ AS FOLLOWS
22662266 41 [EFFECTIVE UPON PASSAGE]: Sec. 0.5. Notwithstanding any
22672267 42 other law, after December 31, 2026, a property tax levy may not be
22682268 2025 IN 1229—LS 7042/DI 125 53
22692269 1 imposed under this chapter.
22702270 2 SECTION 54. IC 20-46-7-4, AS AMENDED BY P.L.169-2017,
22712271 3 SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
22722272 4 UPON PASSAGE]: Sec. 4. (a) Before January 1, 2027, the governing
22732273 5 body of each school corporation shall establish a levy in every calendar
22742274 6 year sufficient to pay all obligations.
22752275 7 (b) This subsection applies to a school corporation that consolidates
22762276 8 under IC 20-23-6-12.5. The governing body shall establish a levy for
22772277 9 each subunit (as defined in IC 20-23-6-0.5) in each calendar year
22782278 10 sufficient to pay the debts and obligations that the particular subunit
22792279 11 incurred before consolidating with one (1) or more school corporations
22802280 12 under IC 20-23-6-12.5.
22812281 13 SECTION 55. IC 20-46-8-0.5 IS ADDED TO THE INDIANA
22822282 14 CODE AS A NEW SECTION TO READ AS FOLLOWS
22832283 15 [EFFECTIVE UPON PASSAGE]: Sec. 0.5. Notwithstanding any
22842284 16 other law, after December 31, 2026, a property tax levy may not be
22852285 17 imposed under this chapter.
22862286 18 SECTION 56. IC 20-46-8-1, AS AMENDED BY P.L.104-2022,
22872287 19 SECTION 129, IS AMENDED TO READ AS FOLLOWS
22882288 20 [EFFECTIVE UPON PASSAGE]: Sec. 1. (a) Before January 1, 2027,
22892289 21 a school corporation may impose an annual property tax levy for its
22902290 22 operations fund.
22912291 23 (b) For property taxes first due and payable in 2019, the maximum
22922292 24 permissible property tax levy a school corporation may impose for its
22932293 25 operations fund (IC 20-40-18) is the following:
22942294 26 STEP ONE: Determine the sum of the following:
22952295 27 (A) The 2018 maximum permissible transportation levy
22962296 28 determined under IC 20-46-4 (repealed January 1, 2019).
22972297 29 (B) The 2018 maximum permissible school bus replacement
22982298 30 levy determined under IC 20-46-5 (repealed January 1, 2019).
22992299 31 (C) The 2018 amount that would be raised from a capital
23002300 32 projects fund tax rate equal to the sum of:
23012301 33 (i) the maximum capital projects fund rate that the school
23022302 34 corporation was authorized to impose for 2018 under
23032303 35 IC 20-46-6 (repealed January 1, 2019), after any adjustment
23042304 36 under IC 6-1.1-18-12 (but excluding any rate imposed for
23052305 37 qualified utility and insurance costs); plus
23062306 38 (ii) the capital projects fund rate imposed for qualified utility
23072307 39 and insurance costs in 2018.
23082308 40 (D) For school corporations described in IC 36-10-13-7, the
23092309 41 2018 levy as provided in section 6 of this chapter (repealed
23102310 42 January 1, 2019) to provide funding for an art association.
23112311 2025 IN 1229—LS 7042/DI 125 54
23122312 1 (E) For a school corporation in a county having a population
23132313 2 of more than two hundred fifty thousand (250,000) and less
23142314 3 than three hundred thousand (300,000), the 2018 levy as
23152315 4 provided in section 7 of this chapter (repealed January 1,
23162316 5 2019) to provide funding for a historical society.
23172317 6 (F) For a school corporation described in IC 36-10-14-1, the
23182318 7 2018 levy as provided in section 8 of this chapter (repealed
23192319 8 January 1, 2019) to provide funding for a public playground.
23202320 9 STEP TWO: Determine the product of:
23212321 10 (A) The amount determined in STEP ONE, after eliminating
23222322 11 the effects of temporary excessive levy appeals and any other
23232323 12 temporary adjustments made to each of these levies for 2018
23242324 13 (regardless of whether the school corporation imposed the
23252325 14 entire amount of that maximum permissible levy for the
23262326 15 previous year); multiplied by
23272327 16 (B) the maximum levy growth quotient determined under
23282328 17 IC 6-1.1-18.5-2.
23292329 18 STEP THREE: Determine the result of the following:
23302330 19 (A) Determine the sum of:
23312331 20 (i) the amount determined in STEP TWO; plus
23322332 21 (ii) the amount granted due to an appeal to increase the levy
23332333 22 for transportation for 2019.
23342334 23 (B) Make the school bus replacement adjustment for 2019.
23352335 24 (c) After 2019, the maximum permissible property tax levy a school
23362336 25 corporation may impose for its operations fund for a particular year is
23372337 26 the following:
23382338 27 STEP ONE: Determine the product of:
23392339 28 (A) the maximum permissible property tax levy for the school
23402340 29 corporation's operations fund for the previous year, after
23412341 30 eliminating the effects of temporary excessive levy appeals
23422342 31 and any other temporary adjustments made to the levy for the
23432343 32 previous year (regardless of whether the school corporation
23442344 33 imposed the entire amount of the maximum permissible levy
23452345 34 for the previous year); multiplied by
23462346 35 (B) the maximum levy growth quotient determined under
23472347 36 IC 6-1.1-18.5-2.
23482348 37 STEP TWO: Determine the result of the following:
23492349 38 (A) Determine the sum of:
23502350 39 (i) the amount determined in STEP ONE; plus
23512351 40 (ii) the amount granted due to an appeal to increase the
23522352 41 maximum permissible operations fund levy for the year
23532353 42 under section 3 of this chapter for transportation.
23542354 2025 IN 1229—LS 7042/DI 125 55
23552355 1 (B) Make the school bus replacement adjustment permitted by
23562356 2 section 3 of this chapter.
23572357 3 SECTION 57. IC 20-46-9-0.5 IS ADDED TO THE INDIANA
23582358 4 CODE AS A NEW SECTION TO READ AS FOLLOWS
23592359 5 [EFFECTIVE UPON PASSAGE]: Sec. 0.5. (a) Notwithstanding any
23602360 6 other law, after May 9, 2025, the governing body of a school
23612361 7 corporation may not adopt a resolution to impose a school safety
23622362 8 referendum levy under section 6 or 7 of this chapter.
23632363 9 (b) Notwithstanding any other law, after December 31, 2026, a
23642364 10 school safety referendum tax levy may not be imposed under this
23652365 11 chapter.
23662366 12 SECTION 58. IC 36-2-15-0.1 IS ADDED TO THE INDIANA
23672367 13 CODE AS A NEW SECTION TO READ AS FOLLOWS
23682368 14 [EFFECTIVE UPON PASSAGE]: Sec. 0.1. (a) This section applies to
23692369 15 the office of a county assessor who is serving on May 10, 2025.
23702370 16 (b) Upon the expiration of a county assessor's term, the office of
23712371 17 county assessor is abolished.
23722372 18 (c) Upon the expiration of a county assessor's term, all the
23732373 19 powers and duties of the county assessor are transferred to the
23742374 20 county auditor.
23752375 21 (d) Upon the expiration of a county assessor's term, all of the
23762376 22 following are transferred to the county auditor:
23772377 23 (1) All employment positions, as of the expiration of a county
23782378 24 assessor's term, of all employees of the county assessor.
23792379 25 (2) The real and personal property of the county assessor.
23802380 26 (3) The obligations outstanding, as of the expiration of a
23812381 27 county assessor's term, of the county assessor.
23822382 28 (4) The funds of the county assessor.
23832383 29 (e) The county auditor shall interview, or give the opportunity
23842384 30 to interview to, each individual who:
23852385 31 (1) is, as of the expiration of a county assessor's term, an
23862386 32 employee of the county assessor; and
23872387 33 (2) applies for an employment position referred to in
23882388 34 subsection (d)(1).
23892389 35 SECTION 59. IC 36-2-15-0.2 IS ADDED TO THE INDIANA
23902390 36 CODE AS A NEW SECTION TO READ AS FOLLOWS
23912391 37 [EFFECTIVE UPON PASSAGE]: Sec. 0.2. (a) Each county assessor
23922392 38 whose duties will be transferred under section 0.1 of this chapter
23932393 39 shall:
23942394 40 (1) organize the records of the assessor's office relating to the
23952395 41 assessment of tangible property in a manner prescribed by the
23962396 42 department of local government finance; and
23972397 2025 IN 1229—LS 7042/DI 125 56
23982398 1 (2) transfer the records upon the expiration of a county
23992399 2 assessor's term as directed by the department of local
24002400 3 government finance.
24012401 4 (b) The department of local government finance shall determine
24022402 5 a procedure and schedule for the transfer of the records and
24032403 6 operations from the county assessor to the county auditor. The
24042404 7 assessors shall assist each other and coordinate their efforts to:
24052405 8 (1) ensure an orderly transfer of all records; and
24062406 9 (2) provide for an uninterrupted and professional transition
24072407 10 of any functions of assessors that remain following the
24082408 11 abolishment of the imposition of property tax under IC 6-1.2
24092409 12 and that are consistent with this chapter, IC 6-1.1, and the
24102410 13 directions of the department of local government finance.
24112411 14 SECTION 60. IC 36-2-15-2, AS AMENDED BY P.L.167-2015,
24122412 15 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
24132413 16 JULY 1, 2025]: Sec. 2. (a) A county assessor shall be elected under
24142414 17 IC 3-10-2-13 by the voters of the county.
24152415 18 (b) To be eligible to serve as an assessor, an individual must meet
24162416 19 the following qualifications before taking office:
24172417 20 (1) If the individual has never held the office of county assessor,
24182418 21 the individual must have attained a level two assessor-appraiser
24192419 22 certification under IC 6-1.1-35.5.
24202420 23 (2) If the individual has held the office of county assessor, the
24212421 24 individual must have attained a level three assessor-appraiser
24222422 25 certification under IC 6-1.1-35.5.
24232423 26 (c) A county assessor must reside within the county as provided in
24242424 27 Article 6, Section 6 of the Constitution of the State of Indiana. The
24252425 28 assessor forfeits office if the assessor ceases to be a resident of the
24262426 29 county.
24272427 30 (d) The term of office of a county assessor is four (4) years,
24282428 31 beginning January 1 after election and continuing until a successor is
24292429 32 elected and qualified.
24302430 33 (e) This section expires July 1, 2025.
24312431 34 SECTION 61. IC 36-2-15-3, AS AMENDED BY P.L.146-2008,
24322432 35 SECTION 692, IS AMENDED TO READ AS FOLLOWS
24332433 36 [EFFECTIVE JULY 1, 2025]: Sec. 3. (a) Subject to subsection (b), the
24342434 37 assessor shall keep the assessor's office in a building provided at the
24352435 38 county seat by the county executive. The assessor shall keep the office
24362436 39 open for business during regular business hours on every day of the
24372437 40 year except Sundays and legal holidays. However, the assessor may
24382438 41 close the office on days specified by the county executive according to
24392439 42 custom and practice of the county.
24402440 2025 IN 1229—LS 7042/DI 125 57
24412441 1 (b) After June 30, 2008, the county assessor may establish one (1)
24422442 2 or more satellite offices in the county.
24432443 3 (c) This section expires July 1, 2025.
24442444 4 SECTION 62. IC 36-2-15-5, AS AMENDED BY P.L.167-2015,
24452445 5 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
24462446 6 JULY 1, 2025]: Sec. 5. (a) Subject to section 0.1 of this chapter, the
24472447 7 county assessor shall perform the functions assigned by statute to the
24482448 8 county assessor, including the following:
24492449 9 (1) Countywide equalization.
24502450 10 (2) Selection and maintenance of a countywide computer system.
24512451 11 (3) Certification of gross assessments to the county auditor.
24522452 12 (4) Discovery of omitted property.
24532453 13 (5) In
24542454 14 (A) a township in which the transfer of duties of the elected
24552455 15 township assessor is required by subsection (c); or
24562456 16 (B) a township in which the duties relating to the assessment
24572457 17 of tangible property are not required to be performed by a
24582458 18 township assessor elected under IC 36-6-5,
24592459 19 performance of the assessment duties prescribed by IC 6-1.1.
24602460 20 (b) A transfer of duties between assessors does not affect:
24612461 21 (1) any assessment, assessment appeal, or other official action
24622462 22 made by an assessor before the transfer; or
24632463 23 (2) any pending action against, or the rights of any party that may
24642464 24 possess a legal claim against, an assessor that is not described in
24652465 25 subdivision (1).
24662466 26 Any assessment, assessment appeal, or other official action of an
24672467 27 assessor made by the assessor within the scope of the assessor's official
24682468 28 duties before the transfer is considered as having been made by the
24692469 29 assessor to whom the duties are transferred.
24702470 30 (c) If the individual elected to the office of township assessor has
24712471 31 not attained the assessor-appraiser certification level required by
24722472 32 IC 36-6-5-1 before the date the term of office begins, the assessment
24732473 33 duties prescribed by IC 6-1.1 that would otherwise be performed in the
24742474 34 township by the township assessor are transferred to the county
24752475 35 assessor on that date. If assessment duties in a township are transferred
24762476 36 to the county assessor under this subsection, those assessment duties
24772477 37 are transferred back to the township assessor if at a later election an
24782478 38 individual who has attained the assessor-appraiser certification level
24792479 39 required by IC 36-6-5-1 is elected to the office of township assessor.
24802480 40 SECTION 63. IC 36-2-15-7, AS ADDED BY P.L.219-2007,
24812481 41 SECTION 109, IS AMENDED TO READ AS FOLLOWS
24822482 42 [EFFECTIVE JULY 1, 2025]: Sec. 7. (a) Each county assessor, elected
24832483 2025 IN 1229—LS 7042/DI 125 58
24842484 1 township assessor, or township trustee-assessor whose assessment
24852485 2 duties prescribed by IC 6-1.1 will be transferred under section 5 of this
24862486 3 chapter shall:
24872487 4 (1) organize the records of the assessor's office relating to the
24882488 5 assessment of tangible property in a manner prescribed by the
24892489 6 department of local government finance; and
24902490 7 (2) transfer the records as directed by the department of local
24912491 8 government finance.
24922492 9 (b) The department of local government finance shall determine a
24932493 10 procedure and schedule for the transfer of the records and operations.
24942494 11 The assessors shall assist each other and coordinate their efforts to:
24952495 12 (1) ensure an orderly transfer of all records; and
24962496 13 (2) provide for an uninterrupted and professional transition of the
24972497 14 property assessment functions consistent with this chapter and the
24982498 15 directions of the department of local government finance.
24992499 16 (c) This section expires July 1, 2025.
25002500 17 SECTION 64. IC 36-6-5-0.3 IS ADDED TO THE INDIANA CODE
25012501 18 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
25022502 19 UPON PASSAGE]: Sec. 0.3. (a) This section applies to the office of
25032503 20 a township assessor who is serving on May 10, 2025.
25042504 21 (b) Upon the expiration of a township assessor's term, the office
25052505 22 of township assessor is abolished.
25062506 23 (c) Upon the expiration of a township assessor's term, all the
25072507 24 powers and duties of the township assessor are transferred to the
25082508 25 county auditor of the county in which the township is located.
25092509 26 (d) Upon the expiration of a township assessor's term, all of the
25102510 27 following are transferred to the county auditor:
25112511 28 (1) All employment positions, as of the expiration of a
25122512 29 township assessor's term, of all employees of each township
25132513 30 assessor in the county.
25142514 31 (2) The real and personal property of each township assessor
25152515 32 in the county.
25162516 33 (3) The obligations outstanding, as of the expiration of a
25172517 34 township assessor's term, of each township assessor in the
25182518 35 county.
25192519 36 (4) The funds of each township assessor in the county.
25202520 37 (e) The county auditor shall interview, or give the opportunity
25212521 38 to interview to, each individual who:
25222522 39 (1) is, as of the expiration of a township assessor's term, an
25232523 40 employee of a township assessor in the county; and
25242524 41 (2) applies for an employment position referred to in
25252525 42 subsection (d)(1).
25262526 2025 IN 1229—LS 7042/DI 125 59
25272527 1 SECTION 65. IC 36-6-5-0.5 IS ADDED TO THE INDIANA CODE
25282528 2 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
25292529 3 UPON PASSAGE]: Sec. 0.5. (a) Each township assessor whose
25302530 4 duties will be transferred under section 0.3 of this chapter shall:
25312531 5 (1) organize the records of the assessor's office relating to the
25322532 6 assessment of tangible property in a manner prescribed by the
25332533 7 department of local government finance; and
25342534 8 (2) transfer the records upon the expiration of a township
25352535 9 assessor's term, as directed by the department of local
25362536 10 government finance.
25372537 11 (b) The department of local government finance shall determine
25382538 12 a procedure and schedule for the transfer of the records and
25392539 13 operations from the township assessor to the county auditor. The
25402540 14 assessors shall assist each other and coordinate their efforts to:
25412541 15 (1) ensure an orderly transfer of all records; and
25422542 16 (2) provide for an uninterrupted and professional transition
25432543 17 of any functions of assessors that remain following the
25442544 18 abolishment of the imposition of property tax under IC 6-1.2
25452545 19 and that are consistent with this chapter, IC 6-1.1, and the
25462546 20 directions of the department of local government finance.
25472547 21 SECTION 66. IC 36-6-5-1, AS AMENDED BY P.L.167-2015,
25482548 22 SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
25492549 23 JULY 1, 2025]: Sec. 1. (a) Subject to subsection (g), before 2009, a
25502550 24 township assessor shall be elected under IC 3-10-2-13 by the voters of
25512551 25 each township:
25522552 26 (1) having:
25532553 27 (A) a population of more than eight thousand (8,000); or
25542554 28 (B) an elected township assessor or the authority to elect a
25552555 29 township assessor before January 1, 1979; and
25562556 30 (2) in which the number of parcels of real property on January 1,
25572557 31 2008, is at least fifteen thousand (15,000).
25582558 32 (b) Subject to subsection (g), before 2009, a township assessor shall
25592559 33 be elected under IC 3-10-2-14 (repealed effective July 1, 2008) in each
25602560 34 township:
25612561 35 (1) having a population of more than five thousand (5,000) but
25622562 36 not more than eight thousand (8,000), if:
25632563 37 (A) the legislative body of the township, by resolution,
25642564 38 declares that the office of township assessor is necessary; and
25652565 39 (B) the resolution is filed with the county election board not
25662566 40 later than the first date that a declaration of candidacy may be
25672567 41 filed under IC 3-8-2; and
25682568 42 (2) in which the number of parcels of real property on January 1,
25692569 2025 IN 1229—LS 7042/DI 125 60
25702570 1 2008, is at least fifteen thousand (15,000).
25712571 2 (c) Subject to subsection (g), a township government that is created
25722572 3 by merger under IC 36-6-1.5 shall elect only one (1) township assessor
25732573 4 under this section.
25742574 5 (d) Subject to subsection (g), after 2008 a township assessor shall
25752575 6 be elected under IC 3-10-2-13 only by the voters of each township in
25762576 7 which:
25772577 8 (1) the number of parcels of real property on January 1, 2008, is
25782578 9 at least fifteen thousand (15,000); and
25792579 10 (2) the transfer to the county assessor of the assessment duties
25802580 11 prescribed by IC 6-1.1 is disapproved in the referendum under
25812581 12 IC 36-2-15.
25822582 13 (e) The township assessor must reside within the township as
25832583 14 provided in Article 6, Section 6 of the Constitution of the State of
25842584 15 Indiana. The assessor forfeits office if the assessor ceases to be a
25852585 16 resident of the township.
25862586 17 (f) The term of office of a township assessor is four (4) years,
25872587 18 beginning January 1 after election and continuing until a successor is
25882588 19 elected and qualified. However, the term of office of a township
25892589 20 assessor elected at a general election in which no other township
25902590 21 officer is elected ends on December 31 after the next election in which
25912591 22 any other township officer is elected.
25922592 23 (g) To be eligible to serve as a township assessor, an individual
25932593 24 must meet the following qualifications before taking office:
25942594 25 (1) If the individual has never held the office of township
25952595 26 assessor, the individual must have attained a level two
25962596 27 assessor-appraiser certification under IC 6-1.1-35.5.
25972597 28 (2) If the individual has held the office of township assessor, the
25982598 29 individual must have attained a level three assessor-appraiser
25992599 30 certification under IC 6-1.1-35.5.
26002600 31 (h) After June 30, 2008, the county assessor shall perform the
26012601 32 assessment duties prescribed by IC 6-1.1 in a township in which the
26022602 33 number of parcels of real property on January 1, 2008, is less than
26032603 34 fifteen thousand (15,000).
26042604 35 (i) This section expires July 1, 2025.
26052605 36 SECTION 67. IC 36-6-5-3, AS AMENDED BY P.L.146-2008,
26062606 37 SECTION 711, IS AMENDED TO READ AS FOLLOWS
26072607 38 [EFFECTIVE JULY 1, 2025]: Sec. 3. (a) Except as provided in
26082608 39 subsection (b) and section 0.3 of this chapter, the assessor shall
26092609 40 perform the duties prescribed by statute, including assessment duties
26102610 41 prescribed by IC 6-1.1.
26112611 42 (b) Subsection (a) does not apply if the duties of the township
26122612 2025 IN 1229—LS 7042/DI 125 61
26132613 1 assessor have been transferred to the county assessor as described in
26142614 2 IC 6-1.1-1-24 or IC 36-2-15.
26152615 3 SECTION 68. IC 36-6-5-4, AS AMENDED BY P.L.167-2015,
26162616 4 SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
26172617 5 JULY 1, 2025]: Sec. 4. (a) Before July 1, 2017, an employee of a
26182618 6 township assessor who performs real property assessing duties must
26192619 7 have attained the level of certification under IC 6-1.1-35.5 that the
26202620 8 township assessor is required to attain under section 1(g) of this
26212621 9 chapter.
26222622 10 (b) After June 30, 2017, an employee of a township assessor who is
26232623 11 responsible for placing an assessed valuation on real property must
26242624 12 have attained the certification of a level three assessor-appraiser under
26252625 13 IC 6-1.1-35.5.
26262626 14 (c) This subsection applies after June 30, 2017. If the township
26272627 15 assessor has not attained the certification of a level three
26282628 16 assessor-appraiser under IC 6-1.1-35.5, the township fiscal body shall
26292629 17 authorize either of the following:
26302630 18 (1) The appointment of at least one (1) deputy or employee who
26312631 19 has attained the certification of a level three assessor-appraiser
26322632 20 under IC 6-1.1-35.5.
26332633 21 (2) Contracting with a person who has attained, or who employs
26342634 22 for purposes of the contract an individual who has attained, the
26352635 23 certification of a level three assessor-appraiser under
26362636 24 IC 6-1.1-35.5. The individual under contract with the township
26372637 25 assessor under this subdivision shall assist the township assessor
26382638 26 with assessment duties as determined by the township assessor.
26392639 27 Payment for the deputy, employee, or contractor shall be made from the
26402640 28 budget for the township assessor.
26412641 29 (d) This section expires July 1, 2025.
26422642 30 SECTION 69. IC 36-7-13-0.5 IS ADDED TO THE INDIANA
26432643 31 CODE AS A NEW SECTION TO READ AS FOLLOWS
26442644 32 [EFFECTIVE UPON PASSAGE]: Sec. 0.5. (a) Notwithstanding any
26452645 33 other law:
26462646 34 (1) no district or allocation area may be established, amended,
26472647 35 or renewed; and
26482648 36 (2) no bonds, leases, or other obligations may be issued,
26492649 37 entered into, or extended for a district or allocation area;
26502650 38 under this chapter after May 9, 2025.
26512651 39 (b) This section may not be construed to prohibit the refunding
26522652 40 or refinancing of obligations incurred before May 10, 2025.
26532653 41 SECTION 70. IC 36-7-14-0.7 IS ADDED TO THE INDIANA
26542654 42 CODE AS A NEW SECTION TO READ AS FOLLOWS
26552655 2025 IN 1229—LS 7042/DI 125 62
26562656 1 [EFFECTIVE UPON PASSAGE]: Sec. 0.7. (a) As used in this section,
26572657 2 "project area" refers to:
26582658 3 (1) an area needing redevelopment;
26592659 4 (2) a redevelopment project area;
26602660 5 (3) an urban renewal project area;
26612661 6 (4) an economic development area;
26622662 7 (5) an area including a project for housing or age-restricted
26632663 8 housing;
26642664 9 (6) an area including a residential housing development
26652665 10 program; and
26662666 11 (7) any other development district or program by any other
26672667 12 name that is described in this chapter.
26682668 13 (b) Notwithstanding any other law:
26692669 14 (1) no project area or allocation area may be established,
26702670 15 amended, or renewed; and
26712671 16 (2) no bonds, leases, or other obligations may be issued,
26722672 17 entered into, or extended for a project area or allocation area;
26732673 18 under this chapter after May 9, 2025.
26742674 19 (c) This section may not be construed to prohibit the refunding
26752675 20 or refinancing of obligations incurred before May 10, 2025.
26762676 21 SECTION 71. IC 36-7-14.5-0.5 IS ADDED TO THE INDIANA
26772677 22 CODE AS A NEW SECTION TO READ AS FOLLOWS
26782678 23 [EFFECTIVE UPON PASSAGE]: Sec. 0.5. (a) Notwithstanding any
26792679 24 other law:
26802680 25 (1) no economic development area, special taxing district, or
26812681 26 allocation area may be established, amended, or renewed; and
26822682 27 (2) no bonds, leases, or other obligations may be issued,
26832683 28 entered into, or extended for an economic development area,
26842684 29 special taxing district, or allocation area;
26852685 30 under this chapter after May 9, 2025.
26862686 31 (b) This section may not be construed to prohibit the refunding
26872687 32 or refinancing of obligations incurred before May 10, 2025.
26882688 33 SECTION 72. IC 36-7-15.1-0.5 IS ADDED TO THE INDIANA
26892689 34 CODE AS A NEW SECTION TO READ AS FOLLOWS
26902690 35 [EFFECTIVE UPON PASSAGE]: Sec. 0.5. (a) As used in this section,
26912691 36 "project area" refers to:
26922692 37 (1) an area needing redevelopment;
26932693 38 (2) a redevelopment project area;
26942694 39 (3) an urban renewal project area;
26952695 40 (4) an economic development area;
26962696 41 (5) an area including a project for housing or age-restricted
26972697 42 housing;
26982698 2025 IN 1229—LS 7042/DI 125 63
26992699 1 (6) an area including a residential housing development
27002700 2 program; and
27012701 3 (7) any other development district or program by any other
27022702 4 name that is described in this chapter.
27032703 5 (b) Notwithstanding any other law:
27042704 6 (1) no project area or allocation area may be established,
27052705 7 amended, or renewed; and
27062706 8 (2) no bonds, leases, or other obligations may be issued,
27072707 9 entered into, or extended for a project area or allocation area;
27082708 10 under this chapter after May 9, 2025.
27092709 11 (c) This section may not be construed to prohibit the refunding
27102710 12 or refinancing of obligations incurred before May 10, 2025.
27112711 13 SECTION 73. IC 36-7-30-0.5 IS ADDED TO THE INDIANA
27122712 14 CODE AS A NEW SECTION TO READ AS FOLLOWS
27132713 15 [EFFECTIVE UPON PASSAGE]: Sec. 0.5. (a) Notwithstanding any
27142714 16 other law:
27152715 17 (1) no special taxing district or allocation area may be
27162716 18 established, amended, or renewed; and
27172717 19 (2) no bonds, leases, or other obligations may be issued,
27182718 20 entered into, or extended for a special taxing district or
27192719 21 allocation area;
27202720 22 under this chapter after May 9, 2025.
27212721 23 (b) This section may not be construed to prohibit the refunding
27222722 24 or refinancing of obligations incurred before May 10, 2025.
27232723 25 SECTION 74. IC 36-7-30.5-0.5 IS ADDED TO THE INDIANA
27242724 26 CODE AS A NEW SECTION TO READ AS FOLLOWS
27252725 27 [EFFECTIVE UPON PASSAGE]: Sec. 0.5. (a) Notwithstanding any
27262726 28 other law:
27272727 29 (1) no military base development area or allocation area may
27282728 30 be established, amended, or renewed; and
27292729 31 (2) no bonds, leases, or other obligations may be issued,
27302730 32 entered into, or extended for a military base development
27312731 33 area or allocation area;
27322732 34 under this chapter after May 9, 2025.
27332733 35 (b) This section may not be construed to prohibit the refunding
27342734 36 or refinancing of obligations incurred before May 10, 2025.
27352735 37 SECTION 75. IC 36-7-32-0.5 IS ADDED TO THE INDIANA
27362736 38 CODE AS A NEW SECTION TO READ AS FOLLOWS
27372737 39 [EFFECTIVE UPON PASSAGE]: Sec. 0.5. (a) Notwithstanding any
27382738 40 other law:
27392739 41 (1) no certified technology park or allocation area may be
27402740 42 established, amended, or renewed; and
27412741 2025 IN 1229—LS 7042/DI 125 64
27422742 1 (2) no bonds, leases, or other obligations may be issued,
27432743 2 entered into, or extended for a certified technology park or
27442744 3 allocation area;
27452745 4 under this chapter after May 9, 2025.
27462746 5 (b) This section may not be construed to prohibit the refunding
27472747 6 or refinancing of obligations incurred before May 10, 2025.
27482748 7 SECTION 76. IC 36-7.5-4.5-0.2 IS ADDED TO THE INDIANA
27492749 8 CODE AS A NEW SECTION TO READ AS FOLLOWS
27502750 9 [EFFECTIVE UPON PASSAGE]: Sec. 0.2. (a) Notwithstanding any
27512751 10 other law:
27522752 11 (1) no allocation area capturing property tax revenue may be
27532753 12 established, amended, or renewed; and
27542754 13 (2) no bonds, leases, or other obligations may be issued,
27552755 14 entered into, or extended for an allocation area capturing
27562756 15 property tax revenue;
27572757 16 under this chapter after May 9, 2025.
27582758 17 (b) This section may not be construed to prohibit the refunding
27592759 18 or refinancing of obligations incurred before May 10, 2025.
27602760 19 SECTION 77. [EFFECTIVE JULY 1, 2026] (a) For purposes of
27612761 20 IC 6-2.5, as amended by this act, with respect to a transaction in
27622762 21 which services are delivered before July 1, 2026, and after June 30,
27632763 22 2026, by a retail merchant, only transactions for which the charges
27642764 23 are collected on original statements and billings dated after June
27652765 24 30, 2026, shall be considered as having occurred after June 30,
27662766 25 2026.
27672767 26 (b) This SECTION expires July 1, 2028.
27682768 27 SECTION 78. [EFFECTIVE JULY 1, 2025] (a) The legislative
27692769 28 services agency shall prepare legislation for introduction in the
27702770 29 2026 regular session of the general assembly to make appropriate
27712771 30 changes in statutes that are required by this act.
27722772 31 (b) This SECTION expires December 31, 2026.
27732773 32 SECTION 79. An emergency is declared for this act.
27742774 2025 IN 1229—LS 7042/DI 125