Indiana § 6-1.1-13-13 Limitation on increasing the assessed value of real property when a
taxpayer has prevailed on appeal

Indiana Statutes

§ 6-1.1-13-13 — Limitation on increasing the assessed value of real property when a taxpayer has prevailed on appeal

Indiana·Art. 1.1 PROPERTY TAXES·Ch. 13 Review of Current Assessments by County Property

(a)This section applies to both residential real property and commercial property, with an assessed value of three million dollars ($3,000,000) or less, for which the assessed value was increased for a tax year by an assessing official for any reason other than by the application of the annual adjustment factor used by the assessing official to adjust property values for that year. However, this section does not apply to an assessment if the assessment is based on:

(1)structural improvements;

(2)zoning; or

(3)uses; that were not considered in the assessment for the prior tax year.

(b)If the taxpayer:

(1)appeals an increased assessment as described in subsection (a) to the county property tax assessment board of appeals or the Indiana board; and

(2)prevails in an appeal described in

Free access — add to your briefcase to read the full text and ask questions with AI

(a) This section applies to both residential
real property and commercial property, with an assessed value of three
million dollars ($3,000,000) or less, for which the assessed value was
increased for a tax year by an assessing official for any reason other
than by the application of the annual adjustment factor used by the
assessing official to adjust property values for that year. However, this
section does not apply to an assessment if the assessment is based on:
(1) structural improvements;
(2) zoning; or
(3) uses;
that were not considered in the assessment for the prior tax year.
(b) If the taxpayer:
(1) appeals an increased assessment as described in subsection (a)
to the county property tax assessment board of appeals or the
Indiana board; and
(2) prevails in an appeal described in subdivision (1) or any
resulting subsequent appeal of the increased assessment described
in subsection (a);
the assessing official shall not increase the assessed value of the
property until the first year of the next four (4) year cyclical assessment
cycle for any reason other than by application of the annual adjustment
factor used by the assessing official to adjust property values for a tax
year. During this period, the taxpayer may not appeal an increased
assessment made by the assessor unless the taxpayer believes that the
increased assessment is arbitrary and capricious and not made
consistent with the annual adjustment factor used by the assessing
official to adjust property values for a tax year. If the taxpayer does
appeal during this period on the grounds that the increased assessment
is arbitrary and capricious and not made consistent with the annual
adjustment factor used by the assessing official to adjust property
values for a tax year, the provision shifting the burden to the assessing
official to prove that the assessment is correct under IC 6-1.1-15-17.2(d) (before its repeal) or IC 6-1.1-15-20 does not apply.
(c) This section does not apply if:
(1) the reduction in assessed value is the result of a settlement
agreement between the taxpayer and the assessing official; or
(2) the appeal is based on a correction of error under IC 6-1.1-15-1.1(a) and IC 6-1.1-15-1.1(b).
(d) If the taxpayer who appealed an increased assessment under this
section sells the property, whose assessment was appealed, for fair
market value, notwithstanding subsection (b), the assessor may reassess
the property that was sold.

Indiana § 6-1.1-13-13 (Limitation on increasing the assessed value of real property when a taxpayer has prevailed on appeal) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.