§ 6-1.1-12.1-12 — Repayment of deduction falsely obtained; appeal; calculation; distribution of repayment

Indiana § 6-1.1-12.1-12

• Jurisdiction: Indiana
• Art. 1.1: PROPERTY TAXES
• Ch. 12.1: Deduction for Rehabilitation or Redevelopment of

Text

(a) A property owner that has received a
deduction under section 3, or 4.5 of this chapter is subject to the
provisions of this section if the designating body adopts a resolution
incorporating the provisions of this section for the economic
revitalization area in which the property owner is located.
(b) If:
(1) the property owner (or, in the case of a deduction under
section 4.8 of this chapter, the property owner or a tenant of the
property owner) ceases operations at the facility for which the
deduction was granted; and
(2) the designating body finds that the property owner obtained
the deduction by intentionally providing false information
concerning the property owner's plans to continue operations at
the facility;
the property owner shall pay the amount determined under subsection
(e) to the county treasurer.
(c) A property owner may appeal the designating body's decision
under subsection (b) by filing a complaint in the office of the clerk of
the circuit or superior court together with a bond conditioned to pay the
costs of the appeal if the appeal is determined against the property
owner. An appeal under this subsection shall be promptly heard by the
court without a jury and determined not more than thirty (30) days after
the time of the filing of the appeal. The court shall hear evidence on the
appeal and may confirm the action of the designating body or sustain
the appeal. The judgment of the court is a final determination that may
be appealed in the same manner as other civil actions.
(d) If an appeal under subsection (c) is pending, the payment
required by this section is not due until after the appeal is finally
adjudicated and the property owner's liability for the payment is finally
determined.
(e) The county auditor shall determine the amount to be paid by the
property owner according to the following formula:
STEP ONE: For each year that the deduction was in effect,
determine the additional amount of property taxes that would
have been paid by the property owner if the deduction had not
been in effect.
STEP TWO: Determine the sum of the STEP ONE amounts.
STEP THREE: Multiply the sum determined under STEP TWO
by one and one-tenth (1.1).
(f) The county treasurer shall distribute money paid under this
section on a pro rata basis to the general fund of each taxing unit that
contains the property that was subject to the deduction. The amount to
be distributed to the general fund of each taxing unit shall be
determined by the county auditor according to the following formula:
STEP ONE: For each year that the deduction was in effect,
determine the additional amount of property taxes that would
have been paid by the property owner to the taxing unit if the
deduction had not been in effect.
STEP TWO: Determine the sum of the STEP ONE amounts.
STEP THREE: Divide the STEP TWO sum by the sum
determined under STEP TWO of subsection (e).
STEP FOUR: Multiply the amount paid by the property owner
under subsection (e) by the STEP THREE quotient.

Legislative History

As added by P.L.85-1995, SEC.2. Amended by P.L.154-2006, SEC.35.