Pending review; effect on tax payment
Sec. 10. (a) If a petition for review to any board or a proceeding
for judicial review in the tax court regarding an assessment or
increase in assessment is pending, the taxes resulting from the
assessment or increase in assessment are, notwithstanding the
provisions of IC 6-1.1-22-9, not due until after the petition for
review, or the proceeding for judicial review, is finally adjudicated
and the assessment or increase in assessment is finally determined.
However, even though a petition for review or a proceeding for
judicial review is pending, the taxpayer shall pay taxes on the
tangible property when the property tax installments come due,
unless the collection of the taxes is stayed under IC 4-21.5-5-9
pending a final determination in the proceeding for judicial review.
The amount of taxes which the taxpayer is required to pay, pending
the final determination of the assessment or increase in assessment,
shall be based on:
(1) the assessed value reported by the taxpayer on the taxpayer's
personal property return if a personal property assessment, or an
increase in such an assessment, is involved; or
(2) an amount based on the immediately preceding year's
assessment of real property if an assessment, or increase in
assessment, of real property is involved.
(b) If the petition for review or the proceeding for judicial review
is not finally determined by the last installment date for the taxes, the
taxpayer, upon showing of cause by a taxing official or at the tax
court's discretion, may be required to post a bond or provide other
security in an amount not to exceed the taxes resulting from the
contested assessment or increase in assessment.
(c) Each county auditor shall keep separate on the tax duplicate a
record of that portion of the assessed value of property that is
described in IC 6-1.1-17-0.5(b). When establishing rates and
calculating state school support, the department of local government
finance shall exclude from assessed value in the county the assessed
value of property kept separate on the tax duplicate by the county
auditor under IC 6-1.1-17-0.5(b).
(Formerly: Acts 1975, P.L.47, SEC.1.) As amended by Acts 1980,
P.L.43, SEC.1; P.L.291-1985, SEC.7; P.L.63-1986, SEC.1;
P.L.86-1995, SEC.3; P.L.291-2001, SEC.205; P.L.198-2001,
SEC.49; P.L.1-2002, SEC.20; P.L.1-2004, SEC.17 and P.L.23-2004,
SEC.18.
Last modified: May 28, 2006