Introduced Version SENATE BILL No. 392 _____ DIGEST OF INTRODUCED BILL Citations Affected: IC 6-1.1-12-14; IC 6-1.1-20.6-8.5. Synopsis: Property tax relief for seniors and veterans. Makes certain changes to the qualification requirements and credit amount for the over 65 circuit breaker credit. Makes certain changes to the qualification requirements and deduction amount for the property tax deduction for disabled veterans who are either totally disabled or at least 62 years of age with a partial disability. Effective: January 1, 2025 (retroactive). Rogers, Gaskill, Buchanan January 13, 2025, read first time and referred to Committee on Tax and Fiscal Policy. 2025 IN 392—LS 6684/DI 120 Introduced First Regular Session of the 124th General Assembly (2025) PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type. Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution. Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts between statutes enacted by the 2024 Regular Session of the General Assembly. SENATE BILL No. 392 A BILL FOR AN ACT to amend the Indiana Code concerning taxation. Be it enacted by the General Assembly of the State of Indiana: 1 SECTION 1. IC 6-1.1-12-14, AS AMENDED BY P.L.136-2024, 2 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 3 JANUARY 1, 2025 (RETROACTIVE)]: Sec. 14. (a) Except as 4 provided in subsection (c) and except as provided in section 40.5 of 5 this chapter, an individual may have the sum of fourteen thousand 6 dollars ($14,000) set forth in subsection (g) deducted from the 7 assessed value of the real property, mobile home not assessed as real 8 property, or manufactured home not assessed as real property that the 9 individual owns (or the real property, mobile home not assessed as real 10 property, or manufactured home not assessed as real property that the 11 individual is buying under a contract that provides that the individual 12 is to pay property taxes on the real property, mobile home, or 13 manufactured home if the contract or a memorandum of the contract is 14 recorded in the county recorder's office) if: 15 (1) the individual served in the military or naval forces of the 16 United States for at least ninety (90) days; 17 (2) the individual received an honorable discharge; 2025 IN 392—LS 6684/DI 120 2 1 (3) the individual either: 2 (A) has a total disability; or 3 (B) is at least sixty-two (62) years old and has a disability of at 4 least ten percent (10%); 5 (4) the individual's disability is evidenced by: 6 (A) a pension certificate or an award of compensation issued 7 by the United States Department of Veterans Affairs; or 8 (B) a certificate of eligibility issued to the individual by the 9 Indiana department of veterans' affairs after the Indiana 10 department of veterans' affairs has determined that the 11 individual's disability qualifies the individual to receive a 12 deduction under this section; and 13 (5) the individual: 14 (A) owns the real property, mobile home, or manufactured 15 home; or 16 (B) is buying the real property, mobile home, or manufactured 17 home under contract; 18 on the date the statement required by section 15 of this chapter is 19 filed. 20 (b) Except as provided in subsections (c) and (d), the surviving 21 spouse of an individual may receive the deduction provided by this 22 section if: 23 (1) the individual satisfied the requirements of subsection (a)(1) 24 through (a)(4) at the time of death; or 25 (2) the individual: 26 (A) was killed in action; 27 (B) died while serving on active duty in the military or naval 28 forces of the United States; or 29 (C) died while performing inactive duty training in the military 30 or naval forces of the United States; and 31 the surviving spouse satisfies the requirement of subsection (a)(5) at 32 the time the deduction statement is filed. The surviving spouse is 33 entitled to the deduction regardless of whether the property for which 34 the deduction is claimed was owned by the deceased veteran or the 35 surviving spouse before the deceased veteran's death. 36 (c) Except as provided in subsection (f), no one is entitled to the 37 deduction provided by this section if the assessed value of the 38 individual's Indiana real property, Indiana mobile home not assessed as 39 real property, and Indiana manufactured home not assessed as real 40 property, as shown by the tax duplicate, exceeds the assessed value 41 limit specified in subsection (d). 42 (d) Except as provided in subsection (f), for the: 2025 IN 392—LS 6684/DI 120 3 1 (1) January 1, 2017, January 1, 2018, and January 1, 2019, 2 assessment dates, the assessed value limit for purposes of 3 subsection (c) is one hundred seventy-five thousand dollars 4 ($175,000); 5 (2) January 1, 2020, January 1, 2021, January 1, 2022, and 6 January 1, 2023, assessment dates, the assessed value limit for 7 purposes of subsection (c) is two hundred thousand dollars 8 ($200,000); and 9 (3) January 1, 2024, assessment date, and for each assessment 10 date thereafter, the assessed value limit for purposes of subsection 11 (c) is two hundred forty thousand dollars ($240,000). 12 (4) January 1, 2025, assessment date, the assessed value limit 13 for purposes of subsection (c) is three hundred thousand 14 dollars ($300,000), and beginning for the January 1, 2026, 15 assessment date and each assessment date thereafter, the 16 amount shall be adjusted annually by a percentage equal to 17 the percentage increase, if any, as determined under 18 subsection (h). 19 (e) An individual who has sold real property, a mobile home not 20 assessed as real property, or a manufactured home not assessed as real 21 property to another person under a contract that provides that the 22 contract buyer is to pay the property taxes on the real property, mobile 23 home, or manufactured home may not claim the deduction provided 24 under this section against that real property, mobile home, or 25 manufactured home. 26 (f) For purposes of determining the assessed value of the real 27 property, mobile home, or manufactured home under subsection (d) for 28 an individual who has received a deduction under this section in a 29 previous year, increases in assessed value that occur after the later of: 30 (1) December 31, 2019; or 31 (2) the first year that the individual has received the deduction; 32 are not considered unless the increase in assessed value is attributable 33 to substantial renovation or new improvements. Where there is an 34 increase in assessed value for purposes of the deduction under this 35 section, the assessor shall provide a report to the county auditor 36 describing the substantial renovation or new improvements, if any, that 37 were made to the property prior to the increase in assessed value. 38 (g) The amount of the deduction under subsection (a) is equal 39 to: 40 (1) fourteen thousand dollars ($14,000), if the assessed value 41 of the individual's property is three hundred thousand dollars 42 ($300,000) or less; and 2025 IN 392—LS 6684/DI 120 4 1 (2) seven thousand dollars ($7,000), if the assessed value of the 2 individual's Indiana real property is more than three hundred 3 thousand dollars ($300,000), but not more than four hundred 4 thousand dollars ($400,000); 5 and beginning for the January 1, 2026, assessment date and each 6 assessment date thereafter, each of the assessed value dollar 7 amounts shall be adjusted annually by a percentage equal to the 8 percentage increase, if any, as determined under subsection (h). 9 (h) As used in this subsection, "median home sale price" means 10 the median home sale price as determined each month for Indiana 11 by the National Association of Realtors. The annual adjustment 12 under subsections (d)(4) and (g) is equal to the year over year 13 change in: 14 (1) the year end average of the monthly median home sale 15 prices in Indiana statewide for the immediately preceding 16 calendar year before the assessment date; compared to 17 (2) the year end average of the monthly median home sale 18 prices in Indiana statewide for the calendar year preceding 19 the assessment date by two (2) years; 20 expressed as a percentage, but not less than zero (0). For purposes 21 of applying the annual adjustment under subsections (d)(4) and (g), 22 the annual percentage increase, if any, is applied to the adjusted 23 amount from the immediately preceding year. 24 SECTION 2. IC 6-1.1-20.6-8.5, AS AMENDED BY P.L.239-2023, 25 SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 26 JANUARY 1, 2025 (RETROACTIVE)]: Sec. 8.5. (a) This section 27 applies to an individual who: 28 (1) qualified for a standard deduction granted under 29 IC 6-1.1-12-37 for the individual's homestead property in the 30 immediately preceding calendar year (or was married at the time 31 of death to a deceased spouse who qualified for a standard 32 deduction granted under IC 6-1.1-12-37 for the individual's 33 homestead property in the immediately preceding calendar year); 34 (2) qualifies for a standard deduction granted under 35 IC 6-1.1-12-37 for the same homestead property in the current 36 calendar year; 37 (3) is or will be at least sixty-five (65) years of age on or before 38 December 31 of the calendar year immediately preceding the 39 current calendar year; and 40 (4) had: 41 (A) for an assessment date before January 1, 2025: 42 (A) (i) in the case of an individual who filed a single return, 2025 IN 392—LS 6684/DI 120 5 1 adjusted gross income (as defined in Section 62 of the 2 Internal Revenue Code) not exceeding thirty thousand 3 dollars ($30,000), and beginning for the January 1, 2023, 4 assessment date, and each assessment date thereafter, 5 adjusted annually by an amount equal to the percentage cost 6 of living increase applied for Social Security benefits for the 7 immediately preceding calendar year; or 8 (B) (ii) in the case of an individual who filed a joint income 9 tax return with the individual's spouse, combined adjusted 10 gross income (as defined in Section 62 of the Internal 11 Revenue Code) not exceeding forty thousand dollars 12 ($40,000), and beginning for the January 1, 2023, 13 assessment date, and each assessment date thereafter, 14 adjusted annually by an amount equal to the percentage cost 15 of living increase applied for Social Security benefits for the 16 immediately preceding calendar year; and 17 (B) for an assessment date after December 31, 2024, 18 household income not exceeding seventy-five thousand 19 dollars ($75,000), and beginning for the January 1, 2026, 20 assessment date, and each assessment date thereafter, 21 adjusted annually by an amount equal to the percentage 22 cost of living increase applied for Social Security benefits 23 for the immediately preceding calendar year; 24 for the calendar year preceding by two (2) years the calendar year 25 in which property taxes are first due and payable. 26 For purposes of applying the annual cost of living increases described 27 in subdivision (4)(A) and (4)(B), the annual percentage increase is 28 applied to the adjusted amount of income from the immediately 29 preceding year. For purposes of subdivision (4)(B), "household 30 income" means the adjusted gross income (as defined in Section 62 31 of the Internal Revenue Code) of an individual, or if applicable, the 32 combined adjusted gross income of the individual and the 33 individual's spouse if the spouse resides with the individual. 34 (b) Except as provided in subsection (g), this section does not apply 35 if: 36 (1) for an individual who received a credit under this section 37 before January 1, 2020, the gross assessed value of the homestead 38 on the assessment date for which property taxes are imposed is at 39 least two hundred thousand dollars ($200,000); 40 (2) for an individual who initially applies for a credit under this 41 section after December 31, 2019, and before January 1, 2023, the 42 assessed value of the individual's Indiana real property is at least 2025 IN 392—LS 6684/DI 120 6 1 two hundred thousand dollars ($200,000); or 2 (3) for an individual who initially applies for a credit under this 3 section after December 31, 2022, and before January 1, 2025, 4 the assessed value of the individual's Indiana real property is at 5 least two hundred forty thousand dollars ($240,000); or 6 (4) for an individual who initially applies for a credit under 7 this section after December 31, 2024, the assessed value of the 8 individual's Indiana real property is at least three hundred 9 thousand dollars ($300,000), and beginning for the January 1, 10 2026, assessment date and each assessment date thereafter, 11 the amount shall be adjusted annually by a percentage equal 12 to the percentage increase, if any, as determined under 13 subsection (h). 14 (c) An individual is entitled to an additional credit under this section 15 for property taxes first due and payable for a calendar year on a 16 homestead if: 17 (1) the individual and the homestead qualify for the credit under 18 subsection (a) for the calendar year; 19 (2) the homestead is not disqualified for the credit under 20 subsection (b) for the calendar year; and 21 (3) the filing requirements under subsection (e) are met. 22 (d) The amount of the credit is equal to the greater of zero (0) or the 23 result of: 24 (1) the property tax liability first due and payable on the 25 homestead property for the calendar year; minus 26 (2) the result of: 27 (A) the property tax liability first due and payable on the 28 qualified homestead property for the immediately preceding 29 year after the application of the credit granted under this 30 section for that year; multiplied by 31 (B) the following: 32 (i) One and two hundredths (1.02), if the assessed value of 33 the individual's Indiana real property is three hundred 34 thousand dollars ($300,000) or less. 35 (ii) One and four hundredths (1.04), if the assessed value 36 of the individual's Indiana real property is more than 37 three hundred thousand dollars ($300,000), but not more 38 than four hundred thousand dollars ($400,000); 39 and beginning for the January 1, 2026, assessment date 40 and each assessment date thereafter, each of the assessed 41 value dollar amounts shall be adjusted annually by a 42 percentage equal to the percentage increase, if any, as 2025 IN 392—LS 6684/DI 120 7 1 determined under subsection (h). 2 However, property tax liability imposed on any improvements to or 3 expansion of the homestead property after the assessment date for 4 which property tax liability described in subdivision (2) was imposed 5 shall not be considered in determining the credit granted under this 6 section in the current calendar year. 7 (e) Applications for a credit under this section shall be filed in the 8 manner provided for an application for a deduction under 9 IC 6-1.1-12-9. However, an individual who remains eligible for the 10 credit in the following year is not required to file a statement to apply 11 for the credit in the following year. An individual who receives a credit 12 under this section in a particular year and who becomes ineligible for 13 the credit in the following year shall notify the auditor of the county in 14 which the homestead is located of the individual's ineligibility not later 15 than sixty (60) days after the individual becomes ineligible. 16 (f) The auditor of each county shall, in a particular year, apply a 17 credit provided under this section to each individual who received the 18 credit in the preceding year unless the auditor determines that the 19 individual is no longer eligible for the credit. 20 (g) For purposes of determining the: 21 (1) assessed value of the homestead on the assessment date for 22 which property taxes are imposed under subsection (b)(1); 23 (2) assessed value of the individual's Indiana real property under 24 subsection (b)(2); or 25 (3) assessed value of the individual's Indiana real property under 26 subsection (b)(3); or 27 (4) assessed value of the individual's Indiana real property 28 under subsection (b)(4); 29 for an individual who has received a credit under this section in a 30 previous year, increases in assessed value that occur after the later of 31 December 31, 2019, or the first year that the individual has received 32 the credit are not considered unless the increase in assessed value is 33 attributable to substantial renovation or new improvements. Where 34 there is an increase in assessed value for purposes of the credit under 35 this section, the assessor shall provide a report to the county auditor 36 describing the substantial renovation or new improvements, if any, that 37 were made to the property prior to the increase in assessed value. 38 (h) As used in this subsection, "median home sale price" means 39 the median home sale price as determined each month for Indiana 40 by the National Association of Realtors. The annual adjustment 41 under subsection (b)(4) and (d)(1)(B) is equal to the year over year 42 change in: 2025 IN 392—LS 6684/DI 120 8 1 (1) the year end average of the monthly median home sale 2 prices in Indiana statewide for the immediately preceding 3 calendar year before the assessment date; compared to 4 (2) the year end average of the monthly median home sale 5 prices in Indiana statewide for the calendar year preceding 6 the assessment date by two (2) years; 7 expressed as a percentage, but not less than zero (0). For purposes 8 of applying the annual adjustment under subsections (b)(4) and 9 (d)(2)(B), the annual percentage increase, if any, is applied to the 10 adjusted amount from the immediately preceding year. However, 11 the assessed value limit amount under subsection (b)(4) shall not be 12 adjusted to more than four hundred thousand dollars ($400,000). 13 SECTION 3. [EFFECTIVE JANUARY 1, 2025 (RETROACTIVE)] 14 (a) IC 6-1.1-12-14 and IC 6-1.1-20.6-8.5, both as amended by this 15 act, apply to assessment dates occurring after December 31, 2024, 16 for property taxes first due and payable in 2026. 17 (b) This SECTION expires July 1, 2028. 18 SECTION 4. An emergency is declared for this act. 2025 IN 392—LS 6684/DI 120