Recent Developments in Indiana Taxation - I.U. School of Law ...

1108 INDIANA LAW REVIEW [Vol. 40:1103
Civil and school taxing units may now file a property tax levy appeal to
offset a levy shortfall in the preceding year rather than only filing such appeals
34
for the forthcoming year. Appeals for the preceding year must be filed before
March 1 of the year that the tax is due and must have the approval of the county
fiscal body. 35
Taxpayers have an additional month, until June 10, to file a statement to
claim the Indiana mortgage deduction on real property or manufactured or mobile
homes. If the taxpayer does not receive notice of an addition to assessed value
by May 10, then the taxpayer has thirty days after the mailing date of the notice
to claim the deduction. The deadline for taxpayers to notify the auditor of their
ineligibility for the deduction is also June 10. 36
Certain used equipment installed in an ERA or a MOD may qualify for a tax
abatement if the equipment was not previously used in Indiana by the taxpayer
applying for the abatement or an affiliated party. For any type of personal
property to be eligible for an ERA, it must be acquired in an arms length
37
transaction from an entity not related to the applicant. In addition, certain
vacant buildings located in an ERA area may qualify for a property tax abatement
for up to two years if the building: has been vacant for at least a year; is
occupied by its owner or a tenant of the owner; and is for commercial or
industrial purposes. 38
Personal property located in golf courses, country clubs, massage parlors,
tennis clubs, racetracks, package liquor stores, residential property (other than
low income), and other recreational facilities and retail facilities listed in I.C. §
6-1.1-12.1-3(e) does not qualify for the property tax investment deduction. 39
Taxing units may impose a maximum ad valorem property tax levy that
equals the actual levy rate it imposed in the preceding year plus one-half of the
amount by which the previous year’s authorized maximum rate exceeded the
previous year’s actual rate. 40
Under previous law, the maximum levy in one year was equal to the actual
levy imposed in the prior year, resulting in taxing units imposing the maximum
(West)).
34. Id. § 6-1.1-18.5-12 (as amended by 2006 Ind. Legis. Serv. P.L. 67-2006 (S.E.A. 355) §
2 (West)).
35. Id.
36. Id. §§ 6-1.1-12-2, -4, -10.1, -12, -15, -17, -17.5, -17.8, -20, -24, -30, -35.5, -38 (as
amended by 2006 Ind. Legis. Serv. P.L. 154-2005 (S.E.A. 260) §§ 11-23 (West)).
37. Id. § 6-1.1-12.1-1 (as amended by 2006 Ind. Legis. Serv. P.L. 154-2006 (S.E.A. 260) §
24 (West)).
38. Id. § 6-1.1-12.1-4.8 (as added by 2006 Ind. Legis. Serv. P.L. 154-2006 (S.E.A. 260) §
28 (West)).
39. Id. § 6-1.1-12.4-3 (as amended by 2006 Ind. Legis. Serv. P.L. 154-2006 (S.E.A. 260) §
37 (West)).
40. Id. § 6-1.1-18.5-1 (as amended by 2006 Ind. Legis. Serv. P.L. 154-2006 (S.E.A. 260) §
46 (West)).