Notice; time requirements; appeal of preliminary determination
Sec. 1. (a) Except as provided in section 2 of this chapter, an
assessing official, county assessor, or county property tax assessment
board of appeals may not change the assessed value claimed by a
taxpayer on a personal property return unless the assessing official,
county assessor, or county property tax assessment board of appeals
takes the action and gives the notice required by IC 6-1.1-3-20 within
the following time periods:
(1) A township or county assessing official must make a change
in the assessed value and give the notice of the change on or
before the latter of:
(A) September 15 of the year for which the assessment is
made; or
(B) four (4) months from the date the personal property
return is filed if the return is filed after May 15 of the year
for which the assessment is made.
(2) A county assessor or county property tax assessment board
of appeals must make a change in the assessed value, including
the final determination by the board of an assessment changed
by a township or county assessing official, or county property
tax assessment board of appeals, and give the notice of the
change on or before the latter of:
(A) October 30 of the year for which the assessment is
made; or
(B) five (5) months from the date the personal property
return is filed if the return is filed after May 15 of the year
for which the assessment is made.
(3) The department of local government finance must make a
preliminary change in the assessed value and give the notice of
the change on or before the latter of:
(A) October 1 of the year immediately following the year for
which the assessment is made; or
(B) sixteen (16) months from the date the personal property
return is filed if the return is filed after May 15 of the year
for which the assessment is made.
(b) Except as provided in section 2 of this chapter, if an assessing
official, a county assessor, or a county property tax assessment board
of appeals fails to change an assessment and give notice of the
change within the time prescribed by this section, the assessed value
claimed by the taxpayer on the personal property return is final.
(c) This section does not limit the authority of a county auditor to
correct errors in a tax duplicate under IC 6-1.1-15-12.
(d) This section does not apply if the taxpayer:
(1) fails to file a personal property return which substantially
complies with the provisions of this article and the regulations
of the department of local government finance; or
(2) files a fraudulent personal property return with the intent to
evade the payment of property taxes.
(e) A taxpayer may appeal a preliminary determination of the
department of local government finance under subsection (a)(3) to
the Indiana board. An appeal under this subdivision shall be
conducted in the same manner as an appeal under IC 6-1.1-15-4
through IC 6-1.1-15-8. A preliminary determination that is not
appealed under this subsection is a final unappealable order of the
department of local government finance.
(Formerly: Acts 1975, P.L.47, SEC.1.) As amended by P.L.69-1983,
SEC.4; P.L.6-1997, SEC.78; P.L.90-2002, SEC.144.
Last modified: May 28, 2006