Real property application; filing requirements; change in property
ownership; township assessor review; county auditor;
determination; appeal
Sec. 5. (a) A property owner who desires to obtain the deduction
provided by section 3 of this chapter must file a certified deduction
application, on forms prescribed by the department of local
government finance, with the auditor of the county in which the
property is located. Except as otherwise provided in subsection (b)
or (e), the deduction application must be filed before May 10 of the
year in which the addition to assessed valuation is made.
(b) If notice of the addition to assessed valuation or new
assessment for any year is not given to the property owner before
April 10 of that year, the deduction application required by this
section may be filed not later than thirty (30) days after the date such
a notice is mailed to the property owner at the address shown on the
records of the township assessor.
(c) The deduction application required by this section must
contain the following information:
(1) The name of the property owner.
(2) A description of the property for which a deduction is
claimed in sufficient detail to afford identification.
(3) The assessed value of the improvements before
rehabilitation.
(4) The increase in the assessed value of improvements
resulting from the rehabilitation.
(5) The assessed value of the new structure in the case of
redevelopment.
(6) The amount of the deduction claimed for the first year of the
deduction.
(7) If the deduction application is for a deduction in a
residentially distressed area, the assessed value of the
improvement or new structure for which the deduction is
claimed.
(d) A deduction application filed under subsection (a) or (b) is
applicable for the year in which the addition to assessed value or
assessment of a new structure is made and in the following years the
deduction is allowed without any additional deduction application
being filed. However, property owners who had an area designated
an urban development area pursuant to a deduction application filed
prior to January 1, 1979, are only entitled to a deduction for a five (5)
year period. In addition, property owners who are entitled to a
deduction under this chapter pursuant to a deduction application filed
after December 31, 1978, and before January 1, 1986, are entitled to
a deduction for a ten (10) year period.
(e) A property owner who desires to obtain the deduction
provided by section 3 of this chapter but who has failed to file a
deduction application within the dates prescribed in subsection (a) or
(b) may file a deduction application between March 1 and May 10 of
a subsequent year which shall be applicable for the year filed and the
subsequent years without any additional deduction application being
filed for the amounts of the deduction which would be applicable to
such years pursuant to section 4 of this chapter if such a deduction
application had been filed in accordance with subsection (a) or (b).
(f) Subject to subsection (i), the county auditor shall act as
follows:
(1) If a determination about the number of years the deduction
is allowed has been made in the resolution adopted under
section 2.5 of this chapter, the county auditor shall make the
appropriate deduction.
(2) 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 application to the designating body. Upon
receipt of the resolution stating the number of years the
deduction will be allowed, the county auditor shall make the
appropriate deduction.
(3) If the deduction application is for rehabilitation or
redevelopment in a residentially distressed area, the county
auditor shall make the appropriate deduction.
(g) The amount and period of the deduction provided for property
by section 3 of this chapter are not affected by a change in the
ownership of the property if the new owner of the property:
(1) continues to use the property in compliance with any
standards established under section 2(g) of this chapter; and
(2) files an application in the manner provided by subsection
(e).
(h) The township assessor shall include a notice of the deadlines
for filing a deduction application under subsections (a) and (b) with
each notice to a property owner of an addition to assessed value or
of a new assessment.
(i) Before the county auditor acts under subsection (f), the county
auditor may request that the township assessor of the township in
which the property is located review the deduction application.
(j) A property owner may appeal a determination of the county
auditor under subsection (f) to deny or alter the amount of the
deduction by requesting in writing a preliminary conference with the
county auditor not more than forty-five (45) days after the county
auditor gives the person notice of the determination. 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.
As added by Acts 1977, P.L.69, SEC.1. Amended by Acts 1979,
P.L.56, SEC.9; Acts 1981, P.L.72, SEC.4; Acts 1982, P.L.45,
SEC.12; P.L.71-1983, SEC.6; P.L.62-1985, SEC.3; P.L.62-1986,
SEC.3; P.L.74-1987, SEC.7; P.L.56-1988, SEC.7; P.L.42-1992,
SEC.4; P.L.65-1993, SEC.6; P.L.4-2000, SEC.7; P.L.90-2002,
SEC.122; P.L.245-2003, SEC.9; P.L.193-2005, SEC.1.
Last modified: May 28, 2006