§ 6-1.1-26-1.1 — Filing of claim for refund; grounds for refund

Indiana § 6-1.1-26-1.1

• Jurisdiction: Indiana
• Art. 1.1: PROPERTY TAXES
• Ch. 26: Refunds for Erroneous or Excessive Tax Payments

Text

1. (a) A person, including heirs, personal
representatives, or successors, may file a claim for refund of all or a
part of a property tax paid. The claim shall be filed with the county
auditor on a form approved by the state board of accounts. With regard
to a taxpayer filing an appeal under IC 6-1.1-15, the notice of appeal
shall be treated as a claim for refund by the taxpayer filed as of the date
of the final disposition of an appeal by the county board, board of tax
review, department of local government finance, or a court.
(b) A claim for refund must be filed within the later of three (3)
years after the tax is paid, or three (3) years after the final disposition
of an appeal by the county board, board of tax review, department of
local government finance, or a court, with respect to a particular tax
year.
(c) A claim for refund must state a claim that a payment was made
in excess of the taxes due as established by:
(1) a determination by the county board, board of tax review,
department of local government finance, or a court, for the tax
year and parcel on which the taxes were paid, and after such time
as all rights of appeal have lapsed;
(2) proof of an error in the computation of interest, penalties, or
delinquent taxes carried forward; or
(3) proof of an overpayment by the claimant.
(d) A taxpayer may not raise a claim under this section that must be
raised under IC 6-1.1-15.
(e) A taxpayer is not entitled to a refund if the payment has been
applied as a credit to later tax liabilities of the taxpayer for the property
on which the tax was assessed.

Legislative History

As added by P.L.232-2017, SEC.27.