§ 6-1.1-12.1-5.4 — Personal property schedule; filing requirements; township assessor or county assessor review; change in property ownership; appeal

Indiana § 6-1.1-12.1-5.4

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

Text

4. (a) A person that desires to obtain the
deduction provided by section 4.5 of this chapter must file a certified
deduction schedule with the person's personal property return on a form
prescribed by the department of local government finance with the
township assessor of the township in which the new manufacturing
equipment, new farm equipment, new research and development
equipment, new logistical distribution equipment, or new information
technology equipment is located, or with the county assessor if there is
no township assessor for the township. Except as provided in
subsection (e), the deduction is applied in the amount claimed in a
certified schedule that a person files with:
(1) a timely personal property return under IC 6-1.1-3-7(a) or IC 6-1.1-3-7(b); or
(2) a timely amended personal property return under IC 6-1.1-3-7.5.
The township or county assessor shall forward to the county auditor a
copy of each certified deduction schedule filed under this subsection.
The township assessor shall forward to the county assessor a copy of
each certified deduction schedule filed with the township assessor
under this subsection.
(b) The deduction schedule required by this section must contain the
following information:
(1) The name of the owner of the new manufacturing equipment,
new farm equipment, new research and development equipment,
new logistical distribution equipment, or new information
technology equipment.
(2) A description of the new manufacturing equipment, new farm
equipment, new research and development equipment, new
logistical distribution equipment, or new information technology
equipment.
(3) The amount of the deduction claimed for the first year of the
deduction.
(c) If a determination about the number of years the deduction is
allowed has not been made in the resolution adopted under section 2.5
of this chapter, the county auditor shall notify the designating body, and
the designating body shall adopt a resolution under section 4.5(e)(2) of
this chapter.
(d) A deduction schedule must be filed under this section in the year
in which the new manufacturing equipment, new farm equipment, new
research and development equipment, new logistical distribution
equipment, or new information technology equipment is installed and
in each of the immediately succeeding years the deduction is allowed.
(e) The township assessor, or the county assessor if there is no
township assessor for the township, may:
(1) review the deduction schedule; and
(2) before the assessment date that next succeeds the assessment
date for which the deduction is claimed, deny or alter the amount
of the deduction.
If the township or county assessor does not deny the deduction, the
county auditor shall apply the deduction in the amount claimed in the
deduction schedule or in the amount as altered by the township or
county assessor. A township or county assessor who denies a deduction
under this subsection or alters the amount of the deduction shall notify
the person that claimed the deduction and the county auditor of the
assessor's action. The county auditor shall notify the designating body
and the county property tax assessment board of appeals of all
deductions applied under this section.
(f) If the ownership of new manufacturing equipment, new farm
equipment, new research and development equipment, new logistical
distribution equipment, or new information technology equipment
changes, the deduction provided under section 4.5 of this chapter
continues to apply to that equipment if the new owner:
(1) continues to use the equipment:
(A) in compliance with any standards established under section
2(g) of this chapter; and
(B) in the case of new farm equipment, on the same agricultural
land for which the deduction applies; and
(2) files the deduction schedules required by this section.
(g) The amount of the deduction is the percentage under section 4.5
of this chapter that would have applied if the ownership of the property
had not changed multiplied by the assessed value of the equipment for
the year the deduction is claimed by the new owner.
(h) A person may appeal a determination of the township or county
assessor under subsection (e) to deny or alter the amount of the
deduction by requesting in writing a preliminary conference with the
township or county assessor not more than forty-five (45) days after the
township or county assessor gives the person notice of the
determination. Except as provided in subsection (i), an appeal initiated
under this subsection is processed and determined in the same manner
that an appeal is processed and determined under IC 6-1.1-15.
(i) The county assessor is recused from any action the county
property tax assessment board of appeals takes with respect to an
appeal under subsection (h) of a determination by the county assessor.

Legislative History

As added by P.L.1-2002, SEC.19. Amended by P.L.256-2003, SEC.5; P.L.245-2003, SEC.10; P.L.64-2004, SEC.8 and P.L.81-2004, SEC.52; P.L.193-2005, SEC.3; P.L.146-2008, SEC.126; P.L.288-2013, SEC.15; P.L.245-2015, SEC.8; P.L.8-2022, SEC.8.