§ 6-1.1-23-1 — Written demand; service; content

Indiana § 6-1.1-23-1

• Jurisdiction: Indiana
• Art. 1.1: PROPERTY TAXES
• Ch. 23: Provisions for Collection of Delinquent Personal

Text

(a) Annually, after November 10th but before
August 1st of the succeeding year, each county treasurer shall serve a
written demand upon each county resident who is delinquent in the
payment of personal property taxes. The written demand may be served
upon the taxpayer:
(1) by registered or certified mail;
(2) in person by the county treasurer or the county treasurer's
agent; or
(3) by proof of certificate of mailing.
(b) The written demand required by this section shall contain:
(1) a statement that the taxpayer is delinquent in the payment of
personal property taxes;
(2) the amount of the delinquent taxes;
(3) the penalties due on the delinquent taxes;
(4) the collection expenses which the taxpayer owes; and
(5) a statement that if the sum of the delinquent taxes, penalties,
and collection expenses are not paid within thirty (30) days from
the date the demand is made then:
(A) sufficient personal property of the taxpayer shall be sold to
satisfy the total amount due plus the additional collection
expenses incurred; or
(B) a judgment may be entered against the taxpayer in the
circuit court, superior court, or probate court of the county.
(c) Subsections (d) through (g) apply only to personal property that:
(1) is subject to a lien of a creditor imposed under an agreement
entered into between the debtor and the creditor after June 30,
2005;
(2) comes into the possession of the creditor or the creditor's agent
after May 10, 2006, to satisfy all or part of the debt arising from
the agreement described in subdivision (1); and
(3) has an assessed value of at least three thousand two hundred
dollars ($3,200).
(d) For the purpose of satisfying a creditor's lien on personal
property, the creditor of a taxpayer that comes into possession of
personal property on which the taxpayer is adjudicated delinquent in
the payment of personal property taxes must pay in full to the county
treasurer the amount of the delinquent personal property taxes
determined under STEP SEVEN of the following formula from the
proceeds of any transfer of the personal property made by the creditor
or the creditor's agent before applying the proceeds to the creditor's lien
on the personal property:
STEP ONE: Determine the amount realized from any transfer of
the personal property made by the creditor or the creditor's agent
after the payment of the direct costs of the transfer.
STEP TWO: Determine the amount of the delinquent taxes,
including penalties and interest accrued on the delinquent taxes
as identified on the form described in subsection (f) by the county
treasurer.
STEP THREE: Determine the amount of the total of the unpaid
debt that is a lien on the transferred property that was perfected
before the assessment date on which the delinquent taxes became
a lien on the transferred property.
STEP FOUR: Determine the sum of the STEP TWO amount and
the STEP THREE amount.
STEP FIVE: Determine the result of dividing the STEP TWO
amount by the STEP FOUR amount.
STEP SIX: Multiply the STEP ONE amount by the STEP FIVE
amount.
STEP SEVEN: Determine the lesser of the following:
(A) The STEP TWO amount.
(B) The STEP SIX amount.
(e) This subsection applies to transfers made by a creditor after May
10, 2006. As soon as practicable after a creditor comes into possession
of the personal property described in subsection (c), the creditor shall
request the form described in subsection (f) from the county treasurer.
Before a creditor transfers personal property described in subsection
(d) on which delinquent personal property taxes are owed, the creditor
must obtain from the county treasurer a delinquent personal property
tax form and file the delinquent personal property tax form with the
county treasurer. The creditor shall provide the county treasurer with:
(1) the name and address of the debtor; and
(2) a specific description of the personal property described in
subsection (d);
when requesting a delinquent personal property tax form.
(f) The delinquent personal property tax form must be in a form
prescribed by the state board of accounts under IC 5-11 and must
require the following information:
(1) The name and address of the debtor as identified by the
creditor.
(2) A description of the personal property identified by the
creditor and now in the creditor's possession.
(3) The assessed value of the personal property identified by the
creditor and now in the creditor's possession, as determined under
subsection (g).
(4) The amount of delinquent personal property taxes owed on the
personal property identified by the creditor and now in the
creditor's possession, as determined under subsection (g).
(5) A statement notifying the creditor that this section requires
that a creditor, upon the liquidation of personal property for the
satisfaction of the creditor's lien, must pay in full the amount of
delinquent personal property taxes owed as determined under
subsection (d) on the personal property in the amount identified
on this form from the proceeds of the liquidation before the
proceeds of the liquidation may be applied to the creditor's lien on
the personal property.
(g) The county treasurer shall provide the delinquent personal
property tax form described in subsection (f) to the creditor not later
than fourteen (14) days after the date the creditor requests the
delinquent personal property tax form. The county assessor and the
township assessors (if any) shall assist the county treasurer in
determining the appropriate assessed value of the personal property and
the amount of delinquent personal property taxes owed on the personal
property. Assistance provided by the county assessor and the township
assessors (if any) must include providing the county treasurer with
relevant personal property forms filed with the assessor or assessors
and providing the county treasurer with any other assistance necessary
to accomplish the purposes of this section.
[Pre-1975 Property Tax Recodification Citation:
6-1-53-1.]
Formerly: Acts 1975, P.L.47, SEC.1. As amended by Acts 1977,
P.L.71, SEC.1; P.L.38-1998, SEC.3; P.L.173-2003, SEC.9;
P.L.214-2005, SEC.14; P.L.146-2008, SEC.257; P.L.84-2016, SEC.30;
P.L.257-2019, SEC.56.