Payment of refunds
Sec. 5. (a) When a claim for refund filed under section 1 of this
chapter is allowed either by the county board of commissioners, the
department of local government finance, the Indiana board, or the
Indiana tax court on appeal, the claimant is entitled to a refund. The
amount of the refund shall equal the amount of the claim so allowed
plus, with respect to claims for refund filed after December 31, 2001,
interest at four percent (4%) from the date on which the taxes were
paid or payable, whichever is later, to the date of the refund. The
county auditor shall, without an appropriation being required, issue
a warrant to the claimant payable from the county general fund for
the amount due the claimant under this section.
(b) In the June or December settlement and apportionment of
taxes, or both the June and December settlement and apportionment
of taxes, immediately following a refund made under this section the
county auditor shall deduct the amount refunded from the gross tax
collections of the taxing units for which the refunded taxes were
originally paid and shall pay the amount so deducted into the general
fund of the county. However, the county auditor shall make the
deductions and payments required by this subsection not later than
the December settlement and apportionment.
(Formerly: Acts 1975, P.L.47, SEC.1.) As amended by P.L.43-1992,
SEC.7; P.L.38-1998, SEC.5; P.L.198-2001, SEC.64; P.L.178-2002,
SEC.34.
Last modified: May 28, 2006