Indiana Code - Taxation - Title 6, Section 6-1.1-12.1-5.4-b

Version b

Personal property schedule; filing requirements; township assessor
or county assessor review; change in property ownership; appeal

Note: This version of section effective 1-1-2006. See also
preceding version of this section, effective until 1-1-2006.

Sec. 5.4. (a) A person that desires to obtain the deduction
provided by section 4.5 of this chapter must file a certified deduction
schedule with the person's personal property return on a form
prescribed by the department of local government finance with the
township assessor of the township in which the new manufacturing
equipment, new research and development equipment, new logistical
distribution equipment, or new information technology equipment is
located. Except as provided in subsection (e), the deduction is
applied in the amount claimed in a certified schedule that a person
files with:
(1) a timely personal property return under IC 6-1.1-3-7(a) or

IC 6-1.1-3-7(b); or
(2) a timely amended personal property return under
IC 6-1.1-3-7.5.

The township assessor shall forward to the county auditor and the
county assessor a copy of each certified deduction schedule filed
under this subsection.
(b) The deduction schedule required by this section must contain
the following information:
(1) The name of the owner of the new manufacturing
equipment, new research and development equipment, new
logistical distribution equipment, or new information
technology equipment.
(2) A description of the new manufacturing equipment, new
research and development equipment, new logistical
distribution equipment, or new information technology
equipment.
(3) The amount of the deduction claimed for the first year of the
deduction.
(c) This subsection applies to a deduction schedule with respect
to new manufacturing equipment, new research and development
equipment, new logistical distribution equipment, or new information
technology equipment for which a statement of benefits was initially
approved after April 30, 1991. If a determination about the number
of years the deduction is allowed has not been made in the resolution
adopted under section 2.5 of this chapter, the county auditor shall
send a copy of the deduction schedule to the designating body, and
the designating body shall adopt a resolution under section 4.5(g)(2)
of this chapter.
(d) A deduction schedule must be filed under this section in the
year in which the new manufacturing equipment, new research and
development equipment, new logistical distribution equipment, or
new information technology equipment is installed and in each of the
immediately succeeding years the deduction is allowed.
(e) The township assessor or the county assessor may:
(1) review the deduction schedule; and
(2) before the March 1 that next succeeds the assessment date
for which the deduction is claimed, deny or alter the amount of
the deduction.

If the township assessor or the county assessor does not deny the
deduction, the county auditor shall apply the deduction in the amount
claimed in the deduction schedule or in the amount as altered by the
township assessor or the county assessor. A township assessor or a
county assessor who denies a deduction under this subsection or
alters the amount of the deduction shall notify the person that
claimed the deduction and the county auditor of the assessor's action.
The county auditor shall notify the designating body and the county
property tax assessment board of appeals of all deductions applied
under this section.
(f) If the ownership of new manufacturing equipment, new
research and development equipment, new logistical distribution

equipment, or new information technology equipment changes, the
deduction provided under section 4.5 of this chapter continues to
apply to that equipment if the new owner:
(1) continues to use the equipment in compliance with any
standards established under section 2(g) of this chapter; and
(2) files the deduction schedules required by this section.
(g) The amount of the deduction is the percentage under section
4.5 of this chapter that would have applied if the ownership of the
property had not changed multiplied by the assessed value of the
equipment for the year the deduction is claimed by the new owner.
(h) A person may appeal a determination of the township assessor
or the county assessor under subsection (e) to deny or alter the
amount of the deduction by requesting in writing a preliminary
conference with the township assessor or the county assessor not
more than forty-five (45) days after the township assessor or the
county assessor gives the person notice of the determination. Except
as provided in subsection (i), an appeal initiated under this
subsection is processed and determined in the same manner that an
appeal is processed and determined under IC 6-1.1-15.
(i) The county assessor is recused from any action the county
property tax assessment board of appeals takes with respect to an
appeal under subsection (h) of a determination by the county
assessor.

As added by P.L.1-2002, SEC.19. Amended by P.L.256-2003, SEC.5;
P.L.245-2003, SEC.10; P.L.64-2004, SEC.8 and P.L.81-2004,
SEC.52; P.L.193-2005, SEC.3.

Last modified: May 28, 2006