Delinquent property tax installments; interest penalties
Sec. 10. (a) Except as provided in section 10.5 of this chapter, if
an installment of property taxes is not completely paid on or before
the due date, a penalty equal to ten percent (10%) of the amount of
delinquent taxes shall be added to the unpaid portion in the year of
the initial delinquency.
(b) With respect to property taxes due in two (2) equal
installments under IC 6-1.1-22-9(a), on the day immediately
following the due dates in May and November of each year following
the year of the initial delinquency, an additional penalty equal to ten
percent (10%) of any taxes remaining unpaid shall be added. With
respect to property taxes due in installments under IC 6-1.1-22-9.5,
an additional penalty equal to ten percent (10%) of any taxes
remaining unpaid shall be added on the day immediately following
each date that succeeds the last installment due date by:
(1) six (6) months; or
(2) a multiple of six (6) months.
(c) The penalties under subsection (b) are imposed only on the
principal amount of the delinquent taxes.
(d) If the department of local government finance determines that
an emergency has occurred which precludes the mailing of the tax
statement in any county at the time set forth in IC 6-1.1-22-8, the
department shall establish by order a new date on which the
installment of taxes in that county is due and no installment is
delinquent if paid by the date so established.
(e) If any due date falls on a Saturday, a Sunday, a national legal
holiday recognized by the federal government, or a statewide
holiday, the act that must be performed by that date is timely if
performed by the next succeeding day that is not a Saturday, a
Sunday, or one (1) of those holidays.
(f) A payment to the county treasurer is considered to have been
paid by the due date if the payment is:
(1) received on or before the due date to the county treasurer or
a collecting agent appointed by the county treasurer;
(2) deposited in the United States mail:
(A) properly addressed to the principal office of the county
treasurer;
(B) with sufficient postage; and
(C) certified or postmarked by the United States Postal
Service as mailed on or before the due date; or
(3) deposited with a nationally recognized express parcel carrier
and is:
(A) properly addressed to the principal office of the county
treasurer; and
(B) verified by the express parcel carrier as:
(i) paid in full for final delivery; and
(ii) received on or before the due date.
For purposes of this subsection, "postmarked" does not mean the date
printed by a postage meter that affixes postage to the envelope or
package containing a payment.
(Formerly: Acts 1975, P.L.47, SEC.1; Acts 1975, P.L.55, SEC.1.) As
amended by Acts 1978, P.L.35, SEC.1; Acts 1981, P.L.71, SEC.4;
P.L.23-1984, SEC.9; P.L.88-1995, SEC.9; P.L.154-1999, SEC.1;
P.L.90-2002, SEC.262; P.L.1-2004, SEC.46 and P.L.23-2004,
SEC.49.
Last modified: May 28, 2006