Refunds to taxpayer entitled under this chapter or for homestead
credit
Sec. 7. (a) Notwithstanding IC 6-1.1-26, any taxpayer who is
entitled to a credit under this chapter or who has properly filed for
and is entitled to a credit under IC 6-1.1-20.9, and who, without
taking the credit, pays in full the taxes to which the credit applies, is
entitled to a refund, without interest, of an amount equal to the
amount of the credit. However, if the taxpayer, at the time a refund
is claimed, owes any other taxes, interest, or penalties payable to the
county treasurer to whom the taxes subject to the credit were paid,
then the credit shall be first applied in full or partial payment of the
other taxes, interest, and penalties and the balance, if any, remaining
after that application is available as a refund to the taxpayer.
(b) Any taxpayer entitled to a refund under this section shall be
paid that refund from proceeds of the property tax replacement fund.
However, with respect to any refund attributable to a homestead
credit, the refund shall be paid from that fund only to the extent that
the percentage homestead credit the taxpayer was entitled to receive
for a year does not exceed the percentage credit allowed in
IC 6-1.1-20.9-2(d) for that same year. Any refund in excess of that
amount shall be paid from the county's revenue distributions received
under IC 6-3.5-6.
(c) The state board of accounts shall establish an appropriate
procedure to simplify and expedite the method for claiming these
refunds and for the payments thereof, as provided for in this section,
which procedure is the exclusive procedure for the processing of the
refunds. The procedure shall, however, require the filing of claims
for the refunds by not later than June 1 of the year following the
payment of the taxes to which the credit applied.
(Formerly: Acts 1975, P.L.47, SEC.1.) As amended by Acts 1979,
P.L.60, SEC.4; P.L.44-1984, SEC.10.
Last modified: May 28, 2006