Indiana § 6-1.1-17-23 Budget and tax levy; limitation; previous year tax levy, exception if
adopt an ordinance

Indiana Statutes

§ 6-1.1-17-23 — Budget and tax levy; limitation; previous year tax levy, exception if adopt an ordinance

Indiana § 6-1.1-17-23

Art. 1.1PROPERTY TAXES

Ch. 17Procedures for Fixing and Reviewing Budgets, Tax

This text of Indiana § 6-1.1-17-23 (Budget and tax levy; limitation; previous year tax levy, exception if adopt an ordinance) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ind. Code § 6-1.1-17-23 (2026).

Text

(a)This section applies beginning after December 31, 2028, to the formulation and adoption of a budget, tax rate, and tax levy under this chapter.

(b)Notwithstanding any growth in a political subdivision's assessed value in the previous year, the ad valorem property tax levy for the budget of a political subdivision shall not exceed the ad valorem property tax levy for its last preceding annual budget, except as provided in subsections (c) and (d).

(c)The fiscal body of a political subdivision may by ordinance authorize the proper officers of the political subdivision to formulate and submit a budget, tax rate, and tax levy under section 3 of this chapter that exceeds the ad valorem property tax levy restriction in subsection (b), subject to all other limits under this article, if the f

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(a) This section applies beginning after
December 31, 2028, to the formulation and adoption of a budget, tax
rate, and tax levy under this chapter.
(b) Notwithstanding any growth in a political subdivision's assessed
value in the previous year, the ad valorem property tax levy for the
budget of a political subdivision shall not exceed the ad valorem
property tax levy for its last preceding annual budget, except as
provided in subsections (c) and (d).
(c) The fiscal body of a political subdivision may by ordinance
authorize the proper officers of the political subdivision to formulate
and submit a budget, tax rate, and tax levy under section 3 of this
chapter that exceeds the ad valorem property tax levy restriction in
subsection (b), subject to all other limits under this article, if the
following conditions are met:
(1) The fiscal body of the political subdivision must hold a public
hearing at which the only item on the agenda is the proposal to
adopt an ordinance under this subsection. The hearing shall be
conducted in accordance with IC 5-14-1.5, and notice of the
hearing shall be published in accordance with IC 5-3-1.
(2) After conducting a public hearing under subdivision (1) and
subject to subdivision (3), the fiscal body of the political
subdivision may adopt an ordinance under this subsection, which
must contain:
(A) a general statement of the reasons for the tax levy and tax
rate increase;
(B) the dollar amount of the tax levy increase; and
(C) the percentage increase in the tax rate from the previous
year.
(3) An ordinance may not be adopted under this section after the
date that is fifteen (15) days before the public hearing under
section 3 of this chapter.
(d) If an ordinance is adopted by the fiscal body of a political
subdivision under subsection (c), the limitation in subsection (b) shall
not apply and instead the ad valorem property tax levy for the budget
of the political subdivision shall not exceed the sum of:
(1) the ad valorem property tax levy for the political subdivision's
last preceding annual budget; plus
(2) the additional ad valorem property tax levy authorized in the
ordinance adopted by the fiscal body under subsection (c);
subject to all other limits under this article.
(e) The provisions of this section shall be applied to decrease the tax
rate of each political subdivision in which there was an increase in the
political subdivision's assessed value in the previous year, subject to
subsections (c) and (d).