§ 6-1.1-10-48 — Property tax exemption; nonprofit health, fitness, aquatics, and community center

Indiana § 6-1.1-10-48

• Jurisdiction: Indiana
• Art. 1.1: PROPERTY TAXES
• Ch. 10: Exemptions

Text

(a) This section applies to assessment dates
occurring after December 31, 2016.
(b) Tangible property is exempt from property taxation if:
(1) it is owned by an Indiana nonprofit public benefit corporation
exempt from taxation under Section 501(c)(3) of the Internal
Revenue Code;
(2) the property is used in the operation of a nonprofit health,
fitness, aquatics, and community center; and
(3) funds for the acquisition and development of the property
have been provided in part under the regional cities initiative of
the Indiana economic development corporation under IC 5-28-38
(before its repeal).
(c) The property that is exempt under this section also includes any
part of the property that is leased or licensed by the owner to another
nonprofit or municipal entity for use as a nonprofit health, fitness,
aquatics, or community center and property used for storage and
parking.
(d) For purposes of this section, a tract of land and any
improvements on the land are exempt from taxation if not more than
four (4) years after the property is purchased, and for each year after
the four (4) year period, the owner demonstrates substantial progress
and active pursuit towards the use of the tract of land and any
improvements on the tract as a nonprofit health, fitness, aquatics, and
community center. To establish substantial progress and active pursuit
under this subsection, the owner must prove the existence of factors
such as the following:
(1) Organization of and activity by a building committee or other
oversight group.
(2) Completion and filing of building plans with the appropriate
local government authority.
(3) Cash reserves dedicated to the project of a sufficient amount
to lead a reasonable individual to believe actual construction can
and will begin within four (4) years.
(4) The breaking of ground and the beginning of actual
construction.
(5) Any other factor that would lead a reasonable individual to
believe that construction of the improvement is an active plan and
that the improvement is capable of being completed within eight
(8) years considering the circumstances of the owner.
(e) To the extent the owner of property that is exempt from taxation
as provided in this section has paid any property taxes, penalties, or
interest with respect to the property for the 2017 assessment date
through the 2018 assessment date, the owner of the exempt property is
entitled to a refund of the amounts paid on the exempt property.
Notwithstanding the filing deadlines for a claim under IC 6-1.1-26, any
claim for a refund filed by the owner of exempt property under this
subsection before September 1, 2019, is considered timely filed. The
county auditor shall pay the refund due under this subsection in one (1)
installment.
(f) If a refund is due under subsection (e) to an owner of property
that is exempt under this section, the owner is not entitled to interest on
the refund under this article or any other law to the extent interest has
not been paid by or on behalf of the owner.

Legislative History

As added by P.L.85-2019, SEC.3. Amended by P.L.165-2021, SEC.66.