Version b
Definitions
Note: This version of section amended by P.L.246-2005, SEC.64,
effective 1-1-2006. See also preceding version of this section
amended by P.L.1-2005, SEC.92.
Sec. 2. As used in this chapter:
(a) "Taxpayer" means a person who is liable for taxes on property
assessed under this article.
(b) "Taxes" means property taxes payable in respect to property
assessed under this article. The term does not include special
assessments, penalties, or interest, but does include any special
charges which a county treasurer combines with all other taxes in the
preparation and delivery of the tax statements required under
IC 6-1.1-22-8(a).
(c) "Department" means the department of state revenue.
(d) "Auditor's abstract" means the annual report prepared by each
county auditor which under IC 6-1.1-22-5, is to be filed on or before
March 1 of each year with the auditor of state.
(e) "Mobile home assessments" means the assessments of mobile
homes made under IC 6-1.1-7.
(f) "Postabstract adjustments" means adjustments in taxes made
subsequent to the filing of an auditor's abstract which change
assessments therein or add assessments of omitted property affecting
taxes for such assessment year.
(g) "Total county tax levy" means the sum of:
(1) the remainder of:
(A) the aggregate levy of all taxes for all taxing units in a
county which are to be paid in the county for a stated
assessment year as reflected by the auditor's abstract for the
assessment year, adjusted, however, for any postabstract
adjustments which change the amount of the aggregate levy;
minus
(B) the sum of any increases in property tax levies of taxing
units of the county that result from appeals described in:
(i) IC 6-1.1-18.5-13(4) and IC 6-1.1-18.5-13(5) filed after
December 31, 1982; plus
(ii) the sum of any increases in property tax levies of
taxing units of the county that result from any other
appeals described in IC 6-1.1-18.5-13 filed after December
31, 1983; plus
(iii) IC 6-1.1-18.6-3 (children in need of services and
delinquent children who are wards of the county); minus
(C) the total amount of property taxes imposed for the stated
assessment year by the taxing units of the county under the
authority of IC 12-1-11.5 (repealed), IC 12-2-4.5 (repealed),
IC 12-19-5, or IC 12-20-24; minus
(D) the total amount of property taxes to be paid during the
stated assessment year that will be used to pay for interest or
principal due on debt that:
(i) is entered into after December 31, 1983;
(ii) is not debt that is issued under IC 5-1-5 to refund debt
incurred before January 1, 1984; and
(iii) does not constitute debt entered into for the purpose
of building, repairing, or altering school buildings for
which the requirements of IC 20-5-52 were satisfied prior
to January 1, 1984; minus
(E) the amount of property taxes imposed in the county for
the stated assessment year under the authority of IC 21-2-6
(repealed) or any citation listed in IC 6-1.1-18.5-9.8 for a
cumulative building fund whose property tax rate was
initially established or reestablished for a stated assessment
year that succeeds the 1983 stated assessment year; minus
(F) the remainder of:
(i) the total property taxes imposed in the county for the
stated assessment year under authority of IC 21-2-6
(repealed) or any citation listed in IC 6-1.1-18.5-9.8 for a
cumulative building fund whose property tax rate was not
initially established or reestablished for a stated
assessment year that succeeds the 1983 stated assessment
year; minus
(ii) the total property taxes imposed in the county for the
1984 stated assessment year under the authority of
IC 21-2-6 (repealed) or any citation listed in
IC 6-1.1-18.5-9.8 for a cumulative building fund whose
property tax rate was not initially established or
reestablished for a stated assessment year that succeeds the
1983 stated assessment year; minus
(G) the amount of property taxes imposed in the county for
the stated assessment year under:
(i) IC 21-2-15 for a capital projects fund; plus
(ii) IC 6-1.1-19-10 for a racial balance fund; plus
(iii) IC 20-14-13 for a library capital projects fund; plus
(iv) IC 20-5-17.5-3 for an art association fund; plus
(v) IC 21-2-17 for a special education preschool fund; plus
(vi) IC 21-2-11.6 for a referendum tax levy fund; plus
(vii) an appeal filed under IC 6-1.1-19-5.1 for an increase
in a school corporation's maximum permissible general
fund levy for certain transfer tuition costs; plus
(viii) an appeal filed under IC 6-1.1-19-5.4 for an increase
in a school corporation's maximum permissible general
fund levy for transportation operating costs; minus
(H) the amount of property taxes imposed by a school
corporation that is attributable to the passage, after 1983, of
a referendum for an excessive tax levy under IC 6-1.1-19,
including any increases in these property taxes that are
attributable to the adjustment set forth in IC 6-1.1-19-1.5 or
any other law; minus
(I) for each township in the county, the lesser of:
(i) the sum of the amount determined in
IC 6-1.1-18.5-19(a) STEP THREE or IC 6-1.1-18.5-19(b)
STEP THREE, whichever is applicable, plus the part, if
any, of the township's ad valorem property tax levy for
calendar year 1989 that represents increases in that levy
that resulted from an appeal described in
IC 6-1.1-18.5-13(4) filed after December 31, 1982; or
(ii) the amount of property taxes imposed in the township
for the stated assessment year under the authority of
IC 36-8-13-4; minus
(J) for each participating unit in a fire protection territory
established under IC 36-8-19-1, the amount of property taxes
levied by each participating unit under IC 36-8-19-8 and
IC 36-8-19-8.5 less the maximum levy limit for each of the
participating units that would have otherwise been available
for fire protection services under IC 6-1.1-18.5-3 and
IC 6-1.1-18.5-19 for that same year; minus
(K) for each county, the sum of:
(i) the amount of property taxes imposed in the county for
the repayment of loans under IC 12-19-5-6 (repealed) that
is included in the amount determined under
IC 12-19-7-4(a) STEP SEVEN for property taxes payable
in 1995, or for property taxes payable in each year after
1995, the amount determined under IC 12-19-7-4(b); and
(ii) the amount of property taxes imposed in the county
attributable to appeals granted under IC 6-1.1-18.6-3 that
is included in the amount determined under
IC 12-19-7-4(a) STEP SEVEN for property taxes payable
in 1995, or the amount determined under IC 12-19-7-4(b)
for property taxes payable in each year after 1995; plus
(2) all taxes to be paid in the county in respect to mobile home
assessments currently assessed for the year in which the taxes
stated in the abstract are to be paid; plus
(3) the amounts, if any, of county adjusted gross income taxes
that were applied by the taxing units in the county as property
tax replacement credits to reduce the individual levies of the
taxing units for the assessment year, as provided in
IC 6-3.5-1.1; plus
(4) the amounts, if any, by which the maximum permissible ad
valorem property tax levies of the taxing units of the county
were reduced under IC 6-1.1-18.5-3(b) STEP EIGHT for the
stated assessment year; plus
(5) the difference between:
(A) the amount determined in IC 6-1.1-18.5-3(e) STEP
FOUR; minus
(B) the amount the civil taxing units' levies were increased
because of the reduction in the civil taxing units' base year
certified shares under IC 6-1.1-18.5-3(e).
(h) "December settlement sheet" means the certificate of
settlement filed by the county auditor with the auditor of state, as
required under IC 6-1.1-27-3.
(i) "Tax duplicate" means the roll of property taxes which each
county auditor is required to prepare on or before March 1 of each
year under IC 6-1.1-22-3.
(j) "Eligible property tax replacement amount" is, except as
otherwise provided by law, equal to the sum of the following:
(1) Sixty percent (60%) of the total county tax levy imposed by
each school corporation in a county for its general fund for a
stated assessment year.
(2) Twenty percent (20%) of the total county tax levy (less sixty
percent (60%) of the levy for the general fund of a school
corporation that is part of the total county tax levy) imposed in
a county on real property for a stated assessment year.
(3) Twenty percent (20%) of the total county tax levy (less sixty
percent (60%) of the levy for the general fund of a school
corporation that is part of the total county tax levy) imposed in
a county on tangible personal property, excluding business
personal property, for an assessment year.
(k) "Business personal property" means tangible personal property
(other than real property) that is being:
(1) held for sale in the ordinary course of a trade or business; or
(2) held, used, or consumed in connection with the production
of income.
(l) "Taxpayer's property tax replacement credit amount" means,
except as otherwise provided by law, the sum of the following:
(1) Sixty percent (60%) of a taxpayer's tax liability in a calendar
year for taxes imposed by a school corporation for its general
fund for a stated assessment year.
(2) Twenty percent (20%) of a taxpayer's tax liability for a
stated assessment year for a total county tax levy (less sixty
percent (60%) of the levy for the general fund of a school
corporation that is part of the total county tax levy) on real
property.
(3) Twenty percent (20%) of a taxpayer's tax liability for a
stated assessment year for a total county tax levy (less sixty
percent (60%) of the levy for the general fund of a school
corporation that is part of the total county tax levy) on tangible
personal property other than business personal property.
(m) "Tax liability" means tax liability as described in section 5 of
this chapter.
(n) "General school operating levy" means the ad valorem
property tax levy of a school corporation in a county for the school
corporation's general fund.
(o) "Board" refers to the property tax replacement fund board
established under section 10 of this chapter.
(Formerly: Acts 1975, P.L.47, SEC.1.) As amended by P.L.73-1983,
SEC.12; P.L.74-1983, SEC.2; P.L.45-1984, SEC.3; P.L.44-1984,
SEC.6; P.L.66-1986, SEC.1; P.L.64-1986, SEC.2; P.L.85-1987,
SEC.1; P.L.59-1988, SEC.1; P.L.82-1989, SEC.2; P.L.343-1989(ss),
SEC.3; P.L.344-1989(ss), SEC.2; P.L.1-1990, SEC.74; P.L.59-1991,
SEC.1; P.L.240-1991(ss2), SEC.49; P.L.2-1992, SEC.64;
P.L.36-1994, SEC.8; P.L.25-1995, SEC.52; P.L.253-1997(ss),
SEC.4; P.L.85-2002, SEC.2; P.L.192-2002(ss), SEC.39;
P.L.224-2003, SEC.137; P.L.1-2004, SEC.33 and P.L.23-2004,
SEC.36; P.L.246-2005, SEC.64.
Last modified: May 28, 2006