Property in original package in warehouse for transshipment
Sec. 30. (a) Subject to the limitation contained in subsection (d)
of this section, personal property is exempt from taxation if:
(1) the property is owned by a nonresident of this state;
(2) the owner is able to show by adequate records that the
property has been shipped into this state and placed in its
original package in a public or private warehouse for the
purpose of transshipment to an out-of-state destination; and
(3) the property remains in its original package and in the public
or private warehouse.
For purposes of this subsection, a nonresident is a taxpayer who
places goods in the original package and into the stream of commerce
from outside of the state of Indiana.
(b) Subject to the limitation contained in subsection (d) of this
section, personal property is exempt from property taxation if:
(1) the property has been placed in its original package in a
public or private warehouse for the purpose of shipment to an
out-of-state destination;
(2) the property remains in the original package and in the
public or private warehouse; and
(3) the property had been ordered and is ready for shipment in
interstate commerce to a specific known destination to which
the property is subsequently shipped.
If a property tax exemption is claimed under this subsection for
property which is not shipped to the specific known destination as
required under subdivision (3), the taxpayer shall file an amended
personal property tax return for the year for which the exemption for
that property was claimed.
(c) Subject to the limitation contained in subsection (d) of this
section, personal property is exempt from property taxation if:
(1) the property has been placed in its original package in a
public warehouse;
(2) the property was transported to that public warehouse by a
common, contract, or private carrier;
(3) the owner is able to show by adequate records that the
property is held in the public warehouse for purposes of
transshipment to an out-of-state destination and is labeled to
show that purpose; and
(4) the property remains in its original package and in the public
warehouse.
However, no personal property is exempt from property taxation
under this subsection if the property is owned by the same person
who owns or leases the public warehouse where the property is held.
(d) An exemption provided by this section applies only to the
extent that the property is exempt from taxation under the commerce
clause of the Constitution of the United States.
(e) A taxpayer who possesses personal property owned by another
person may claim an exemption provided by this section if:
(1) the taxpayer includes the property on the taxpayer's personal
property tax return; and
(2) the taxpayer is able to show that the owner of the personal
property would otherwise have qualified for an exemption
under this section.
(Formerly: Acts 1975, P.L.47, SEC.1.) As amended by Acts 1978,
P.L.31, SEC.1; Acts 1981, P.L.63, SEC.4; P.L.41-1984, SEC.4;
P.L.260-1999, SEC.2.
Last modified: May 28, 2006