Certified deduction application
Sec. 27. (a) A property owner who desires to obtain the deduction
provided by section 24 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 certified deduction application required by this section
must contain the following information:
(1) The name of each owner of the property.
(2) A certificate of completion of a voluntary remediation under
IC 13-25-5-16.
(3) Proof that each owner who is applying for the deduction:
(A) has never had an ownership interest in an entity that
contributed; and
(B) has not contributed;
a contaminant (as defined in IC 13-11-2-42) that is the subject
of the voluntary remediation, as determined under the written
standards adopted by the department of environmental
management.
(4) Proof that the deduction was approved by the appropriate
designating body.
(5) A description of the property for which a deduction is
claimed in sufficient detail to afford identification.
(6) The assessed value of the improvements before remediation
and redevelopment.
(7) The increase in the assessed value of improvements
resulting from remediation and redevelopment.
(8) The amount of the deduction claimed for the first year of the
deduction.
(d) A certified deduction application filed under subsection (a) or
(b) is applicable for the year in which the addition to assessed value
or assessment of property is made and each subsequent year to which
the deduction applies under the resolution adopted under section 24
of this chapter.
(e) A property owner who desires to obtain the deduction
provided by section 24 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 is applicable for the year filed and the
subsequent years without any additional certified deduction
application being filed for the amounts of the deduction which would
be applicable to such years under this chapter if such a deduction
application had been filed in accordance with subsection (a) or (b).
(f) On verification of the correctness of a certified deduction
application by the assessor of the township in which the property is
located, the county auditor shall, if the property is covered by a
resolution adopted under section 24 of this chapter, make the
appropriate deduction.
(g) The amount and period of the deduction provided for property
by section 24 of this chapter are not affected by a change in the
ownership of the property if the new owner of the property:
(1) is a person that:
(A) has never had an ownership interest in an entity that
contributed; and
(B) has not contributed;
a contaminant (as defined in IC 13-11-2-42) that is the subject
of the voluntary remediation, as determined under the written
standards adopted by the department of environmental
management;
(2) continues to use the property in compliance with any
standards established under sections 7 and 23 of this chapter;
and
(3) 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.
As added by P.L.59-1997, SEC.1. Amended by P.L.119-1999, SEC.8;
P.L.90-2002, SEC.284.
Last modified: May 28, 2006