Property used or occupied for one or more stated purposes;
applicability of exemption; limitations
Sec. 36.3. (a) For purposes of this section, property is
predominantly used or occupied for one (1) or more stated purposes
if it is used or occupied for one (1) or more of those purposes during
more than fifty percent (50%) of the time that it is used or occupied
in the year that ends on the assessment date of the property.
(b) The determination under subsection (c) of:
(1) the use or occupation of the property; and
(2) the application of an exemption;
applies separately to each part of the property identified under
IC 6-1.1-11-3(c)(5).
(c) If a section of this chapter states one (1) or more purposes for
which property must be used or occupied in order to qualify for an
exemption, then the exemption applies as follows:
(1) Property that is exclusively used or occupied for one (1) or
more of the stated purposes is totally exempt under that section.
(2) Property that is predominantly used or occupied for one (1)
or more of the stated purposes by a church, religious society, or
not-for-profit school is totally exempt under that section.
(3) Property that is predominantly used or occupied for one (1)
or more of the stated purposes by a person other than a church,
religious society, or not-for-profit school is exempt under that
section from property tax on the part of the assessment of the
property that bears the same proportion to the total assessment
of the property as the amount of time that the property was used
or occupied for one (1) or more of the stated purposes during
the year that ends on the assessment date of the property bears
to the amount of time that the property was used or occupied for
any purpose during that year.
(4) Property that is predominantly used or occupied for a
purpose other than one (1) of the stated purposes is not exempt
from any part of the property tax.
(d) Property is not used or occupied for one (1) or more of the
stated purposes during the time that a predominant part of the
property is used or occupied in connection with a trade or business
that is not substantially related to the exercise or performance of one
(1) or more of the stated purposes.
As added by P.L.66-1983, SEC.2. Amended by P.L.264-2003, SEC.3.
Last modified: May 28, 2006