§ 6-1.1-15-10 — Pending review; effect on tax payment; posting of bond; separate assessed value record

(a) If a petition for review to any board or
a proceeding for judicial review in the tax court regarding an
assessment or increase in assessment is pending, the taxes resulting
from the assessment or increase in assessment are, notwithstanding the
provisions of IC 6-1.1-22-9, not due until after the petition for review,
or the proceeding for judicial review, is finally adjudicated and the
assessment or increase in assessment is finally determined. However,
even though a petition for review or a proceeding for judicial review is
pending, the taxpayer shall pay taxes on the tangible property when the
property tax installments come due, unless the collection of the taxes
is enjoined under IC 33-26-6-2 pending a final determination in the
proceeding for judicial review. The amount of taxes which the taxpayer
is required to pay, pending the final determination of the assessment or
increase in assessment, shall be based on:
(1) the assessed value reported by the taxpayer on the taxpayer's
personal property return if a personal property assessment, or an
increase in such an assessment, is involved; or
(2) an amount based on the immediately preceding year's
assessment of real property if an assessment, or increase in
assessment, of real property is involved.
(b) If the petition for review or the proceeding for judicial review is
not finally determined by the last installment date for the taxes, the
taxpayer, upon showing of cause by a taxing official or at the tax court's
discretion, may be required to post a bond or provide other security in
an amount not to exceed the taxes resulting from the contested
assessment or increase in assessment.
(c) Each county auditor shall keep separate on the tax duplicate a
record of that portion of the assessed value of property that is described
in IC 6-1.1-17-0.5(b). When establishing rates and calculating state
school support, the department of local government finance shall
exclude from assessed value in the county the net assessed value of
property kept separate on the tax duplicate by the county auditor under
IC 6-1.1-17-0.5.
[Pre-1975 Property Tax Recodification Citation:
6-1-31-6.]
Formerly: Acts 1975, P.L.47, SEC.1. As amended by Acts 1980,
P.L.43, SEC.1; P.L.291-1985, SEC.7; P.L.63-1986, SEC.1;
P.L.86-1995, SEC.3; P.L.291-2001, SEC.205; P.L.198-2001, SEC.49;
P.L.1-2002, SEC.20; P.L.1-2004, SEC.17 and P.L.23-2004, SEC.18;
P.L.219-2007, SEC.44; P.L.146-2008, SEC.139; P.L.137-2012,
SEC.19.